I-751 extreme cruelty waiver (Physical and verbal abuse)

[UKinUSA 0]

Hi all,

 

I am still married to my spouse but I moved out 10 months ago. She has lived with me on and off since then but we had a major disagreement 1 month ago and has blocked me and will not support me with the i751. I should be ok proving it was a good faith marriage because it was a good faith marriage. I have docs of shared car insurance, joint tax return, my car and license all at the same address where I resided.

I wish to ROC using the waiver of being battered and extreme cruelty.

I was subjected to physical abuse on at least 2 occasions and down spoken to, insulted, sworn at and name called many times through the 13 months after marriage. I was disrespected throughout.

I don't have any police reports, social workers reports etc. I do have photographic evidence of my injuries and will write a personal statement. I also have notes from a registered couples counsellor where they mention the abuse.

Is this enough evidence to ROC? 

 

I still want to remain married to her hoping she will change and we can sort our differences as I do love her.

 

Thanks in advance for any advice.

 

 

Edited January 25 by Usman786

[JeanneAdil 6,554]

if she will not support the ROC and u need a waiver,  u must go thru the divorce process and have the necessary divorce papers

 

u love her but abusers do not change 

[OldUser 6,878]

I'm sorry about your situation.

 

Batter and extreme cruelty waiver has a much higher bar compared to divorce waiver.

 

Especially if you're

- Male

- Have no police report(s)

- Have no witness statement(s)

 

Do yourself a favor, divorce the toxic spouse and file I-751 on your own with divorce waiver.

 

If you have solid evidence of bonafide marriage, you have nothing to worry about.

 

 

[Crazy Cat 41,981]

18 minutes ago, UKinUSA said:

I wish to ROC using the waiver of being battered and extreme cruelty.

Might be easier to file for divorce, then file I-751 under a divorce waiver.   I don't see how you can successfully file as battered and remain married.  The battered waiver might be more difficult to prove.

My advice is to contact a competent divorce attorney, file for divorce, then file the I-751 with divorce waiver.

Edited January 25 by Crazy Cat

[UKinUSA 0]

2 minutes ago, Crazy Cat said:

Might be easier to file for divorce, then file I-751 under a divorce waiver.   I don't see how you can successfully file as battered and remain married.  The battered waiver might be more difficult to prove.

My advice is to contact a competent divorce attorney.

Can I file a divorce waiver anytime before the 90 days but after I have started divorce proceedings?

[Crazy Cat 41,981]

2 minutes ago, UKinUSA said:

Can I file a divorce waiver anytime before the 90 days but after I have started divorce proceedings?

A person filing with a divorce waiver does not have to wait for the 90 day window to open.

[AT20000 38]

Hi there, I made a detailed post about this. It is neither easier nor faster nor more secure to file for divorce waiver if you are abused, WELL ON THE CONTRARY. I have been through this successfully myself here is my detailed post about WHY (including the relevant parts of USCIS policy manual)

 

[AT20000 38]

On 1/25/2024 at 11:25 AM, OldUser said:

I'm sorry about your situation.

 

Batter and extreme cruelty waiver has a much higher bar compared to divorce waiver.

 

Especially if you're

- Male

- Have no police report(s)

- Have no witness statement(s)

 

Do yourself a favor, divorce the toxic spouse and file I-751 on your own with divorce waiver.

 

If you have solid evidence of bonafide marriage, you have nothing to worry about.

 

 

This is not true! Why would you say that? Extreme cruelty waiver has a much, MUCH lower burden of proof than a divorce waiver because of the "Any credible Evidence" status! A divorce waiver doesn't protect you against your EX or their family making false statements to the USCIS, while the Extreme cruelty waiver does! In addition, a Divorce waiver cannot be adjudicated before the divorce is complete and a divorce can last for years unless you accept whatever and turn yourself into a sitting duck at the hands of an abuser during your divorce proceedings!

Here is what the USCIS policy manual says: 

"Congress created the “any credible evidence” provision in recognition of the evidentiary challenges faced by abused spouses and children. An abused CPR may not have access to necessary evidence because the abusive spouse may control access to documents, or the abused CPR may have had to flee the abusive situation without being able to take important documents.

In recognition of these evidentiary challenges, officers cannot deny a case because the CPR spouse or child was unable to provide a particular piece of evidence or could not demonstrate the unavailability of primary or secondary evidence. Officers must consider whatever evidence is available, use agency records, and consider all evidence in the totality of the circumstances in the case. Therefore, when adjudicating a waiver based on battery or extreme cruelty, officers consider any credible evidence relevant to the waiver request submitted by the CPR"

 

I posted about this hereunder:

 

 

 

Edited September 27 by AT20000
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[OldUser 6,878]

2 hours ago, AT20000 said:

This is not true! Why would you say that? Extreme cruelty waiver has a much, MUCH lower burden of proof than a divorce waiver because of the "Any credible Evidence" status! A divorce waiver doesn't protect you against your EX or their family making false statements to the USCIS, while the Extreme cruelty waiver does! In addition, a Divorce waiver cannot be adjudicated before the divorce is complete and a divorce can last for years unless you accept whatever and turn yourself into a sitting duck at the hands of an abuser during your divorce proceedings!

Here is what the USCIS policy manual says: 

"Congress created the “any credible evidence” provision in recognition of the evidentiary challenges faced by abused spouses and children. An abused CPR may not have access to necessary evidence because the abusive spouse may control access to documents, or the abused CPR may have had to flee the abusive situation without being able to take important documents.

In recognition of these evidentiary challenges, officers cannot deny a case because the CPR spouse or child was unable to provide a particular piece of evidence or could not demonstrate the unavailability of primary or secondary evidence. Officers must consider whatever evidence is available, use agency records, and consider all evidence in the totality of the circumstances in the case. Therefore, when adjudicating a waiver based on battery or extreme cruelty, officers consider any credible evidence relevant to the waiver request submitted by the CPR"

 

I posted about this hereunder:

 

 

 

While I'm genuinely happy for your approval, there are others who got denied with similar case:

 

 

I will always recommend building the strongest case possible, that's a constant.

 

Edited September 28 by OldUser

[AT20000 38]

Okay. How many actual examples do you have? Please give a link to the postS where people actually said: "Here is the list of evidence I submitted and my ROC was declined". Because I do have TWO examples: My adult son and myself who did not have a psych eval, filed under Extreme Cruelty and were approved in record time. Each time and I mean each single time someone reached out to me saying that their application was declined or they were hit with several RFEs, it was OBVIOUS that something was blatantly off in their application. 

Either their statement was not detailed enough, they had some serious "criminal baggage" or something was not adding up.

 

Example: "I was robbed, financially abused, and threatened" and  "X withdrew all my savings from our bank account unbeknownst to me, and when I noticed that the funds were missing on September 3, 2021, and asked questions, X went into an explosive rage, slammed the door so hard that it knocked the door frame out of the wall. The next day although I had an appointment with the dentist, I could not get the care I needed because my bank account was drained. I suffered weeks-long pain due to an abscessed tooth. Please find here attached as evidence # 2, # 3, # 4, and # 5 the bank statement showing the withdrawal, the invoice for the repairs of the door, a screenshot of the appointment with the dentist, and the medical record for my abscessed tooth". Both statements describe the very same situation and are likely true but it is the level of detail of the second one that rises to the level of "credible evidence" Which is what the USCIS policy manual describes as receivable evidence in support of a ROC under Extreme cruelty.

 

-Some people here either fabricate things to feel important for example, I was told, and feel free to look into my feed, that USCIS would physically "gender check" me... And it went on for several posts where people were basically telling me (apologies for the gruesome details) "yep, deal with it, they will put their hands in your pants to check"). To this date, I am still wondering about the sanity of the person who was posting this and why was she even allowed to lie and abuse other members like that.

 

-Or they take ONE example and it becomes a blanket statement. Suddenly something that is barely "good to have" becomes a-b-s-o-l-u-t-e-l-y mandatory although strictly no regulations support this fabricated requirement and some only have ONE post to go by; How do you know if this one person didn't have criminal records and that the real reason for USCIS to decline their application was precisely that?

 

-At times they don't even have ONE example, they just were in a discussion where one person was telling a story they themselves read about in another discussion! No proof but suddenly it becomes the law of the land and everybody has to have a psych eval or return to their home country.

 

There is indeed a HUGE difference between saying "It is great if you have a psych eval" and "A psych eval is mandatory" and what I want to raise here is that THANKFULLY I was not on the brink of ending my life but some people MAY BE after suffering years of abuse. When they don't have the first cent to buy a bottle of water, they don't need someone who will tell them "Ah too bad he/she stole all your money if you don't come up with a psych eval @ $3000 a pop, you can pack your bags right now". Nor do they need anyone to steer them wrong with "You are better off getting a divorce waiver it is quicker/easier" and get pushed into signing on anything including the custody of their kids to their abusive spouse (which is pure gold to an abuser who can continue torturing their victim) so that they can divorce quickly and the clock on their immigration status doesn't run out.

Here is why it is not true for DV victims: Under a divorce waiver, the divorce HAS to be final before the ROC is adjudicated. So your soon-to-be ex just has to drag it long enough so that USCIS sends you RFEs for the divorce decree and for your extension to run out to get the upper hand and force you into accepting everything they want for the divorce. If your divorce lasts 3 years you will NOT obtain a ROC before that. Extreme cruelty waiver ROC runs concomitantly with your divorce so there is no cornering possible, you can take the time you need to defend yourself in divorce court because your ROC does not require a finalized divorce!

 

Also the protections afforded to Extreme cruelty victims are MUCH greater compared to a divorce waiver and that could make a world of a difference or even make the difference between life or death.

Examples:

1- Can your ex know under which waiver you filed and look into your file?

• Under Extreme cruelty: No, a new receipt number is assigned to you so your abuser has NO access to your immigration file.
• Under Divorce waiver yes (which means that for a year - average duration of a divorce, your abuser will continue to know where you live, track you down, stalk you, remove or add documents to your immigration file and make you pay for leaving them by creating havoc).

2- Can you submit secondary evidence if your ex has destroyed some documents you need to submit (for example they shredded your previous divorce decree)?

• Under extreme cruelty: yes, officers have to consider what they already have on file (say you submitted the decree with your K1 visa)or secondary evidence
• Under Divorce waiver; Absolutely not. You have to have exactly everything they ask.

3- Can negative statements from your ex-in-laws or from your ex's friends and family be taken into account if your ex submits them to USCIS?

• Under Extreme cruelty absolutely not, officers are prohibited from accepting those documents or from considering ANY input from the abuser, their family or acquaintances;
• Under divorce waiver, your ex can submit a bunch of negative statements and derail your application (which is paradise for an abuser seeking revenge)

So think about it and if you don't KNOW FIRSTHAND say, "I don't know firsthand but if I were you, I would try and get this document out of an abundance of caution" VS "YOU HAVE TO have a psych eval, it is the law" or " You are better off with a divorce waiver even if you were abused it is easier" (when this could be absolutely catastrophic) when you haven't been in this situation yourself AND  you cannot refer to the actual regulation/policy/law

Edited September 28 by AT20000
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