pompeilife

20 hours ago, Mike E said:

IME every  IOs at interviews ask questions that were already asked and answered on the written form.  I don’t see anything strange about the question.  Asking the same question and having it affirmed is not a decision.  

 true, they even ask your birthdate, address to confirm all the info on the form. 

But, just because you get asked at the interview hahaha I have no idea where this person's logic comes from. 

22 hours ago, Mike E said:

From the I-751 form:

 

I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S. citizen or lawful
permanent resident spouse.

 

My understanding is that

 

* physical violence is not required to qualify for and prove this waiver.  

 

* verbal abuse qualifies 

 

 

I agree!! with you. 

1 minute ago, Mike E said:

I know of at least one immigration lawyer who advises his clients to select (if appropriate) to select both the divorce waiver and battered / cruelty boxes.  His rationale is if the petition is denied, then you can argue both bases for waiver in court.  Whereas if you pick just one box and are denied, you can argue the other basis in court … you would have to file a new I-751. 

totally, I saw your posts the other time and I was with you 100% (and still with you 10000%)  but I saw another posts about how it can complicate the process or confuses the USCIS or something but I had no issue, not even RFE.. 

I have seen few posts about filing rather with battered spouse or divorce waiver.

I have selected both on my i-751 application and My immigration officer also asked me If I am seeking to remove my conditions based on battered spouse and divorce waiver at my interview. 

I had no RFE,  my i-751 journey took a year, 

I have seen posts saying you cannot do both or something, but yea

I got approved after I selected battered spouse and divorce waiver. 

Is it just me?

I had my biometrics in August/2021 and interview was scheduled in December/2021 for January/2022

I had an interview for my divorce waiver application,

they did not ask about my divorce decree ( I already submitted copy of my divorce decree) , but I was asked if I had a better copy or original of a document I submitted in the packet, luckily I had! 

2 hours ago, Mike E said:

I stand by my advice to OP.   Get busy.  I am Over and Out on  this thread.  

I couldn't agree more with Mike. E. . I agree with him 100%

I did research and it does apply to people who got approved based on battered spouse or child

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 

i think it only applies to Vawa?

12 minutes ago, Mike E said:

The reason for checking both boxes is that if the petition is denied you can argue both in front of an immigration judge. 
 

Also can file N-400 in 3 years if the original petitioner spouse was a USA citizen:

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

this is some great info, I think this memorandum basically saying anyone who filed I-751  checking both boxes of divorce waiver and battered spouse is eligible to naturalize after only three years..

please correct me if i'm wrong.

9 minutes ago, Mike E said:

The reason for checking both boxes is that if the petition is denied you can argue both in front of an immigration judge. 
 

Also can file N-400 in 3 years if the original petitioner spouse was a USA citizen:

 

https://www.uscis.gov/sites/default/files/document/memos/sec319a012705.pdf

oh wow I didn't know that!

that is a great info! but I wonder how would you know if you were approved based on divorce waivoer or battered by former spouse? or

if you chekced the both boxes, maybe it makes you eligible for naturalization after three years? 

Thank you so much for the info.

I heard of people applying i-751, vawa together like separate

3 minutes ago, Boiler said:

I am not saying it can not be done, just that it is much simpler.

oh, I did not know that!

I thought it was better to leave options if there was really abuse like that writer claims. 

thanks for the info.

1 minute ago, Boiler said:

Filing with the divorce waiver is much simpler.

 

 

I filed it both box and I had no issues, no RFE, and got my card after a year.  

9 hours ago, zacharynsw said:

thanks for the answers guys, it's great to know I have options

I think this moment in my life is for me to wake up to how much this relationship can harm me. what I've been trying to lie to myself

 

So it looks like  Im applying for the new i-751  everything is "ok"..  I will receive a new receipt, and after 24 months of  the first GC expiration date, I book an infopass to travel and work.

 

A divorce for me, believe it or not, is going to be very painful and I don't know how I'm going to do it.

 

leaving home is not an option at least for the next few months.

 

I'm going to look for a lawyer today to try to help me with a strategy, but I'll probably fill out the paperwork and send it myself, because I don't have that much money

 

It's a very bad situation, but I'm trying to see it as a wake-up call for me to get out of this pointless relationship.

 

thank you again!!!  

I understand. Divorce was very very hard for me too. 

endless nights of crying, being sad .... To some people, marriage means much more  than to some people. 

3 hours ago, Boiler said:

Claiming abuse but wanting not to divorce is not going to make much sense

Some people dont know what to do in an abusive relationship and they keep fighting and begging for the relationship even they are treated really terribly by their partner. 

especially, Im assuming she/he moved from a foreign country to move to be with his/her spouse which means he or she probably doesnt have many connections here in the states and probably highly dependent on the USC partner,

Moving to a different country for someone is a big deal, its not a joke, so much sacrifice, efforts, leaving family behind. and people feel that they dont want to throw it away easily.

I understand it very well, marriage is a big deal as well. Marriage is making a vow to be with that person forever. 

people in abusive relationship believe their partner can change and their relationship improves even the abuse continues, too sadly.. 

Also, I believe there is a category for people whose (Petitioner or USC)Spouses are refusing to file jointly I-751

20 hours ago, Mike E said:

When he didn’t show at the interview you should have asked to change it to divorce waiver. 
 

File for divorce.  File a new I-751 with a divorce waiver and include the divorce filing.  
 

If you have evidence of his abuse, check the cruelty box too. Include that evidence. 

You don’t have to quit your job. You are an LPR until a judge says you aren’t  

I agree, I checked divorce waiver and absue both box

I have travelled with extension letter with expired green card no problem for more than a year. 

I know right? lol whenever I re-visit that thread I get confused everytime lmao 

23 hours ago, boston_immi said:

I wouldn’t say it’s a deeper dive per say. When you file I-751 the officer may not have your alien file. But when you file any kind of benefit for interview (AOS, citizenship) the officer will review your entire file. They also make notes of your interview. Typically, for most people, they may only briefly pass through the file and may ask minor questions. But when you are divorced, your underlying qualification for your green card is questioned. That is the why they are taking a closer look. Another similar scenario is if you get green card from company X but never actually work at company X. It doesn’t take a deep dive to spot that and start asking questions. These are classic indicators of fraud.
 

My guess is something in the story started to unravel. Perhaps they didn’t live at the same address or moved out sooner than they previously told USCIS.

 

in any case, divorce + marriage based green card is always complicated and risky, and more risky than I think people realize since you see many people on these forums bragging they don’t need a lawyer. I completely understand with cost but also immigration is very serious with serious consequences so proceed accordingly.

My case was divorce waiver and my interview was pretty brief and quick.  I have read many forums about divorce waiver where their interview was brief and got approved pretty fast.

Mine took about a year until I received my card. 

On 1/25/2022 at 7:23 AM, Rocio0010 said:

OP can file for divorce prior to ROC being ajudicated. Nothing wrong with that.

 

My understand is that, if the divorce is finalized after ROC is approved, then there is no need send the divorce decree to USCIS at that time.

I dont think you can have ROC approved without divorce decree. I think i read a lot of forums that they had to wait for divorce decree to get divorce waiver

maybe you can read this , this person I think was similar to you like filed ROC and never notified USCIS of their separation or divorce.

1 hour ago, flowergirls said:

I know that now. I should have not done what the attorney said! Idk what my options are at this point.

I think you need to consult with a lawyer

I would add like add a piece of paper to my n400 packet and explain the whole situation, but I would be worried  but Im not a lawyer or its not a legal advice. 

because green card was approved based on your marriage

I hope you figure this out and have no issues in the future!!! and I'm so sorry you had to go through it  my ex cheated on me too. 

On 1/20/2022 at 2:50 PM, aaron2020 said:

Red flag.

 

Your lawyer instructed you to lie by omission.  You should not have followed this advice.  You should have informed USCIS that you filed for divorce and sought a divorce waiver.  BIG MISTAKE on your part.  

 

For the N-400, USCIS will look at your entire immigration journey.  Including you not notifying them that you filed for divorce during ROC.  Expect extra scrutiny for this. 

i agree with this . i think you should have notified USCIS and removed the condition based on divorce waiver and waited for divorce decree.

12 hours ago, flowergirls said:

You're right! Although I already got the permanent gc so I'm not sure how similar this case is to mine.

I thought your case was similar because you had pending I-751 and got approved based on bona fide marriage. 

I think that person filed i-751 and then filed for divorce during I-751 is pending, and notified USCIS and waited until he/she got divorce decree to get divorce waiver (like that person's divorce wasnt finalized when they notified USCIS so that person had to wait to get divorce waiver)

I am a 2020 december filer, my service center was MSC and I got my card this week.