AT20000

4 hours ago, MariFD said:

Wow you lawyer is wrong. If you qualify for waiver then you just submit with evidence , I did bank statements with no balance and my child's paperwork that she gets benefits SNAP and Medicaid and I explain why I can't pay.

 

Some layers are just wow. . How can they lie like that. 

Yes, you are right, some lie, some really, REALLY do not know what they are talking about (some seek attention and/or fame) and request everything they can think of plus the kitchen sink as well. I was told that my case was weak because I NEEDED a psy eval, and proofs of psy consults (both of which I could not afford) otherwise I won't be approved. Baloney!  I was approved in a matter of weeks without even an interview and with none of what I was told was ABSOLUTELY mandatory.

The sad thing about this is that it put abuse victims in a frantic mode and they first and foremost really do not need that and then, they also don't focus on the right things they absolutely have to have... Which clearly does not help! Sad...

On 4/28/2020 at 9:46 PM, Touchdsky said:

@sandranjthank you for your advice. The wedding was intimate and only my family and his one close friend. I cannot ask affidavit from his friend, its his friend. I do have documents as evidence that we live together, car insurance, 4 cars on both of our names on tittle, mail letters, health insurance, tickets of disneyland, joint bank accts. Do pictures include like wedding and getaway? I am also attending counseling in one non profit organization for all domestic violence victims. Would it be like bias to Uscis if my son is one of the affidavit of the abuse?

So... From someone who went successfully through this before (see my timeline) without the slightest request or question, YES the pictures of an intimate wedding are okay specifically if it includes your family, you and your husband on the same picture (I produced ONE picture of my wedding with just the 2 of us). All cars were to my husband's name ONLY, we never had a joint bank account and I was certainly not on his insurance (he really wanted to keep control over everything). Ah and I also did not have any psy evaluation. But like you, my son made an affidavit that was perfectly accepted, the DV association where I was getting counselling made an affidavit and I had a police report (he was not arrested the 911 operator heard his threats over the phone) and medical records mentioning the abusive relationship.

Now what generates requests for more information is a story/narrative that does not add up or does not make sense. If your file tells your story with honesty and accuracy, if the documents support your narrative to a T, and if everything in this narrative is legal, corroborated by evidence and testimonies, then it should be okay.

Your narrative should be like a book about this period of your life made of several parts (bonafide marriage: Proof you were dating before the wedding, wedding , honeymoon, etc. Cruelty/abuse: How/where/when/Details/Witnesses/evidence...) You make your way though your story chapter by chapter mentioning evidence of what you say every step of the way. The last part of your book should be made of all the evidence chronologically numbered in the order they were mentioned in your narrative (so that the reader can find them very easily). Ideally, someone who does not know you at all should understand everything in a blink of an eye.

Method to send the incriminating texts to USCIS: Just make a screenshot of your telephone screen, save the screenshot as a picture and send this pic from your phone to your own email address. Print the screenshot and attach it to your petition.

Additional information and resources: I may add that it sounds easy to say "don't worry, you have the upper hand on this" for whoever like me who has already crossed these hurdles. I know it sounds terrifying (Gosh have I been there myself!) but the truth of the matter is: Your soon-to-be-ex-husband could encounter a muuuuuuch greater problem than yours if he has indeed used immigration to coerce you into any sexual contact with him (this is a state and federal offense).

I KNOW abusers want you to believe that no matter what, you are going to get in trouble, not them because the US authorities are at their beck and call. They want you to believe that THEY can decide if you leave or stay but this "I am the almighty US citizen, I can do whatever I want to/with you and you will get in trouble if you defy me" is a complete BS. They have no power, this is NOT your spouse's decision to make, USCIS, and USCIS ONLY, decides.

USCIS is fully aware of these little spineless abusers who would not have the nerves (I was thinking of another anatomic part to be honest) to pull this one on a USC or legal resident because they KNOW they would get in trouble with the law right away, yet these insecure immature nobodies inflict sheer terror to their foreign-born spouses.

There are laws and policies that are making it easier for victims to get their ROC under VAWA and NO, filing for VAWA does NOT require a psy-evaluation and/or a restraining order (I did not have either of these), if you have one, good for you, if you don't, then build your case on something else as a central piece of evidence. There are several avenues to prove domestic violence, a psy eval is just ONE of them. ONE among A LOT of possibilities. So don't be afraid, you can prove your point otherwise.

The state you are living in has specific provisions with regard to marital rape (In bold is the information relevant to your situation):

Sexual Assault: Unwanted, coerced and/or forced sexual penetration and/or touch is defined in Michigan/Illinois Statute

Aggravated Criminal Sexual Assault, 720 ILCS 5/11-1.30

(a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:

(1) the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;

(2) the person causes bodily harm to the victim, except as provided in paragraph (10);

(3) the person acts in a manner that threatens or endangers the life of the victim or any other person;

(4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony; (hint : Him trying to extort money from you to attend USCIS interview which constitutes marriage fraud and can involve -for him- imprisonment for up to five (5) years and fines up to $250,000)

(5) the victim is 60 years of age or older;

(6) the victim is a physically handicapped person;

(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;

(8) the person is armed with a firearm;

(9) the person personally discharges a firearm during the commission of the offense; or

(10) the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

....]

Hi Placebo,

The texts are admissible, coercing someone into having sex under any kind of threat, constraint or duress IS domestic violence and planning to lie to the immigration is a federal offense. These texts show intent. So you are in a very strong position with that in your hands against him. This is not bright on his part to say the least.

Coco8 and Geowrian,

Great thanks for your answers. 

Here are the things I am afraid of if they run both the naturalization and the I-130 at the same time:

1. Naturalization process and/or I-130 could take longer than her F1 visa (The situation is pretty straightforward: they are both straight A students who want to get married, nobody has the slightest criminal history, not even a ticket; could the I-130 possibly last more than 18 months?)
2. Let's say they get married and her F1 and OPT runs out, is she supposed to go back and wait there?
3. IF he gets his citizenship before the LPR I-130 goes through, is an upgrade possible without restarting the clock? Or does it start the process all over again (and she would maybe have to go back, wait there etc)?

What are your thoughts? Where can I find this info? Is there a step by step guide on here?

Typical story: My LPR (10 year GC) 26 years old son is still a student (for quite a few years as he is finishing Pre-Med School and wants to become a surgeon) and he met a foreign (EU) student who is in the same university. They are now dating for 2 years and they would like to get married. She holds an EU passport, and she will be done with her degree (hence on her way back home) in about 12 to 18 months.

He could:

1. Apply for citizenship (he is on US soil long enough), she could go back home and they could apply for a K1 visa, then get married, but this would delay their wedding by a minimum of 18-24 months. Hence her ability to work after her degree (added to the time for her to adjust her status and get her employment authorization).
2. Marry her here (they both are here legally) without applying for citizenship first and file to adjust her status here. They would be married earlier but not sure she could adjust her status and work before 18-24 months either.

They are at an age where it is normal to get married, they have been together for a while now, and I can definitely vouch for them financially (no need to warn me about the risks, the whole story is as clear as clear can be, she is a good girl and I know her family). What I am seeking here is the opinion of someone who has experience in one of the 2 options: 

What would be the fastest/easiest/safest route? I would appreciate some (substantiated) opinion on that. 

Have you been in one of the 2 options? What is your experience? How fast did it go? Where do I find the accurate timeframe for either option? 

We are in Sacramento CA.

Thanks VJ community!

Hello,

You need to look into the step by step guides (third blue tab right under the logo VJ upper left corner of this page)

Best

http://www.visajourney.com/content/guides/

Duh...! Your fiancees' and your babies' status are 2 separate issues. She is NOT a US national yet - her son is, since he was born to a USC. So get your son a passport and get your fiancee a green card.

So first things first: I don't get where your son was born but if he was born in the US, it is even easier for the passport IF HIS MOTHER IS OKAY WITH IT.

Birth certificate with your name on it? You have that? Then, since you are active duty, is your child enrolled in DEERS? If not, it needs to be done right away. Once he is in DEERS you get him a military ID card through the ID department of your base. If you don't know where it is, get in touch with the family readiness center of your base. ( and enroll him in Tricare while you are at it). If he was born abroad you need to go to the US Embassy/Consulate and get the consular report of birth abroad. PLEASE NOTE: You will have to get your spouse's authorization and signature to get a passport for your son. Therefore she needs to be there in person or to AT LEAST give her authorization in writing and notarize the document and a copy of her own ID.

For the passport you need the forms DS 11, DS 3053 ( with consent of the other spouse if not present ) and DS 5525 if there is no possibility for the other parent to be contacted (but there is a need of serious reasons for that). The form 3053 needs to be signed by the non present parent in front of a notary public who will notarize the form AND a copy of the parent's ID that you will join to your request.

Now ALL minor under 16 need a passport to travel and here is what you need:

There you have it. Now once all that is done, your fiancée can make the very same thing with her country so that the baby can have double citizenship ( always a good thing) she shows his Filipino passport when she travels with the baby to the Philippines and the US passport when she leaves the Philippines and arrives in the US.

FOOTNOTE :Now, I am not saying it is the case here, but to whomever it may concern in the future, doing that with ulterior motive is a bad idea because if the US passport is done so that the other spouse cannot leave with the baby, you will have to go to court for that and get a judge to strip her from her parental rights, and judges are not stupid.... They usually see that coming from miles away and they literally hate that.

(source: Myself; Foreign born and been married to a US veteran)

Hello! I NEED HELP! Unable to locate the answer in forums!

I am a US NAVY, Career RETIRED, honorable disharged, FEMALE VETERAN, who will be the APPLICANT/FIANCEE for an ALIEN MAN IN NIGERIA.

I will becoming engaged in the next year. However, I am trying to prepare all the necessary paperwork to file after our Nigerian engagement. However, I was on the USCIS site and saw a "quick sighting," page on military personnel submissions, but, a power outage took the page and I couldn't find again!

I am confused as to where I am to send our K-1 application while in Nigeria?

Do I send to Omaha, Nebraska or Dallas, Texas?

As retired military, do I send to Omaha, Nebraska?

What are the Purposes of Field Offices, do I just use them for forms and information?

If I send this application to Nebraska, does that eliminate the need for interacting with Dallas, Texas?

Does Nebraska do everything I need to be reviewed and approved, then submits directly to his Nigerian Embassy?

Can you request a specific Embassy Consulate or does the US Embassy assign only?

Who do we prove "bachelorhood," in Nigeria? What are the specific criteria needed? Are there specific methods or agencies to document a certificate of notarized proof?

I have read the K-1 Application process, however, there were a few loopholes I couldn't close or resolved.

So any assistance and links would be GREATLY APPRECIATED! Thanks in advance!

Wait wait wait.... You are retired so technically, you ARE NOT military ( meaning NOT active duty) anymore so - honorably discharged or not - you will NOT be allowed to go down the military route with immigration. In other words, you need to follow the civilian K1 visa process. Which means that - since you are the USC - you have to petition from the US ( hence the provision for military member stationed abroad does not apply ) for your fiancé. Once your petition here is approved, your fiancé will have to apply from Nigeria, get his appointment at the US embassy, - once approved - move to the US, marry you within 90 days, and adjust status within the time frame. End of story.

Field offices conduct interviews, and have a say in the application process ( for example they can veto your approval if the interview does not turn well), they also hold infopass appointments.

Why would you send your K1 petition from Nigeria? You don't need a formal engagement ceremony to file for K1, if you want to have that ceremony, that is fine, but you can petition for your fiancé before you leave for Nigeria.

You need to file with the service center that " covers" your state.

You don't get to cherry pick your Service center nor your embassy ( why would you want to "avoid" Dallas Texas? If Texas is the problem: Move.)

You do not need to have a formal engagement ceremony, you are just required to write that you intend to marry that person.

Your fiancé needs a birth certificate and ALL divorce decrees if he has been married before, that is how you prove he is single ( so do you by the way)

You need to have the ORIGINAL documents ( birth certif. divorce decrees, etc,) translated ( if needed) by a professional translator and all copy notarized

How do I know that? My ex husband was in the military when we married and he retired ( honorable discharge also and combat vet) right in the middle of my AOS.

Sorry, there is no returns policy when marrying a foreign national.

Relationships breakdown, so divorce and move on.

On a personal note I find it sad that so many people think they can apparently treat a foreign spouse differently to a US spouse and return them "home" like a defective appliance.

OMG 2ndMessiah, this is SO TRUE. I found it sad for a while also. Now that I have been reading this same "return policy" garbage over and over from overly entitled USC and for years, it just sickens me to no end. God knows that both your country and mine are receiving a huge bunch of immigrants also. Did you ever witness that in your home country? I have never, ever seen that.

I can only imagine what this poor woman might be going through at home considering the already abusive behavior and entitlement displayed here.

That would be honorable and ethical, but in real life VAWA is an easy (debatable) loophole to LPR status with or without PROOF of abuse. If you do the math of 12,000 annual VAWA apps and growing, that amounts to 40 foreigners being abused daily. I don't believe that for a second. Do I believe there is VAWA fraud of dozens per day?

Wake up and smell the coffee folks. Millions of people want to come to the USA for handouts. Why would you want to live in squalor if you can find an American sucker to pay your way for years?

Then you might consider looking at the statistics of the US department of justice on Domestic violence in the US! More than One in Four women in the US will be abused by their male partner in her life. I am not the one who says that, these are the statistic of the US department of justice.

VAWA has been created to prevent abusers who have been dumped over and over by USC Spouses ( because they are abusive) from "buying" a mail ordered wife, beat the heck out of her and maintain her in this hell thanks to their immigration status. So 40 foreigners abused every day? I bet you there are MANY MANY more than that who do not know what their rights are ( and for having been in this situation, I can tell you that finding accurate information is HARD).

Just so you know, no one goes and get approved for VAWA or I-751 for extreme cruelty for nothing ( see my previous posts for the list of exhibits)

Last but not least What handouts are you talking about? This is another widespread legend! First most people coming from western EU countries have MUCH better benefits in their own countries than any USC can possibly dream of in the US. So leaving their country to marry a USC and move to the US to find a worse situation does not stand reasoning. For the rest of the countries I don't know. Then, and most importantly, if an immigrant applies for ANY benefit ( cash assistance, housing assistance,medical assistance) they become what USCIS labels as "Public charge" And THIS is specifically one of the criteria USCIS adjudicators are using to deny ROC. So what handout are you talking about?

Can we NOT encourage people to use VAWA unless there's abuse involved? Jfc

Even if you don't like it, you all have to realize 2 things:

-1- The simple fact of trying to force anyone out of the country by any way and to use the immigration system to achieve that goal while this person has full legal status in the US; and particularly because you are a USC whose marriage does not work the way you want, and you basically want to get back at your soon-2bx because of that IS CONSIDERED DOMESTIC VIOLENCE by law ( the legal term for that is threatening).

-2- The simple fact of using Immigration process as means of pressure to obtain ANYTHING from your spouse ( sex, silence, obedience, etc) and the fact of using USCIS process in order to blackmail your soon-2bx into asking for no alimony or into giving up custody of a child to your profit IS DOMESTIC VIOLENCE by law ( the legal term is "use of coercion and blackmail" )

So IF she mentions any of that on her ROC application, IF you have even just hinted this very threat on any text or email, she has ground to file for a restraining order AND to apply for ROC under extreme cruelty. (I bet proving hardship if she were to be deported to China will present NO difficulty).

Now before a whole cohort of ignorants of the law write whatever they think is the "truth" or whatever they have read from another (not less) ignorant tiers, the Battered Immigrant Women Protection Act of 2000 (8 USC 1101 note) specifically intend to provide protection against deportation to abused immigrants and their children in order to prevent them from " fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abuser’s control" (BTW I quote the actual LAW) should they have to file for anything ( restraining order, divorce, ROC, testimony against their USC spouse in a criminal case, etc)

So basically what you just wrote gives HER legal ground for VAWA/extreme cruelty application.

Now, I come from a country where the slightest social security card gives you full coverage of ANY of your medical/dental/vision/pharmacy expenses and retirement benefits so, let me tell you that we deal with crowds of immigrants ALSO. A bunch of people I know have married foreign citizens, thankfully I have NEVER EVER seen such a loathsome and widespread I-am-tired-of-my spouse-so-I-am-going-to-get-this-effing-bi***-deported behavior among my fellow nationals. And I am happy because this widespread behavior is beyond repugnant! Who the heck do you think you are? News flash: PEOPLE are NOT KLEENEX Tissues, you understand that?YOU made the decision of marrying her, SHE is NOT the ONLY responsible for the failure of this marriage, YOU BOTH ARE. So why do you think she should be the only one to pay for the mess you both created? Because of your pathetic anger and resentment, she should be thrown out like a dog? What else people? How about stoning her while we are at it?

Here's what I want you to know: if you have documentary evidence of abuse, file to remove condition based on abuse waiver. That way, you'll not be required to produce divorce decree. If you choose to file both waiver, you will be attempting to do too much. It is that simple. What is so difficult for you to understand? It's not about too much story!

Well you obviously don't understand what is written very well yourself... Where did you see me say that they should check both divorce AND cruelty? Nowhere? Haaaa that's unfortunate!

On the contrary I clearly separated both options (Scenario 1, and Scenario 2).

Now with regard to your assertion that checking the extreme cruelty box would trigger an interview, it is again something you assert, like so many people on here, without one tiny piece of proof.

In my case and in my son's case we BOTH checked "extreme cruelty", we both got approved in 4 months, no request for evidence and NO INTERVIEW, we received our cards in 4 months PERIOD. It does not really add up with what you say, don't you think...?

Onye uwaoma I forgot to answer one of your points: Why assuming that proving cruelty is "laboring so hard"? For someone who has really been abused gathering proofs of "extreme cruelty" IS MORE THAN DOABLE. Better, extreme cruelty for a ROC actually lowers the burden of proof of mingled interests in bona fide marriage.

One simple example related to the increased difficulty of proving "mingled interests" as a proof of bona fide marriage in a ROC-divorce case for a DV victim: As a divorced applicant you need to provide proof of former marital life PLUS proofs of former mingled interests: common bank account statements, testimonies, property in common, credit cards with both names, holidays pictures, leases etc...

-Guess what you PRECISELY DO NOT HAVE when married to an abuser?.... PRECISELY bank statements, testimonies, property in common, credit cards with both names, etc! Why that? Because this is how 99% of abusive spouses prevent their victim from escaping! They keep all money, property, credit card etc to their name ! So HOW do you prove "mingled interests" when you have been abused and you want to self petition for divorce instead?Huh? Well... YOU CAN'T! So this is the best way to be denied for insufficient evidence of bona fide marriage.

That right there shows how beyond stupid and dangerous it is to advise a person who has been abused and has a case, to go for a ROC-divorce instead "because it is easier" It is NOT easier, as proven here, it is harder!

Besides, to underline again the blithering stupidity of this "check divorce box instead" advice, USCIS officers (who are trained on this type of support: Power and Control.pdf look under economic abuse ) treat these self-petition applications with a standard that is being called the " Any credible evidence standard" meaning that to alleviate the difficulty for the DV victims to gather documents, USCIS accepts a VAST VAST range of acceptable proofs. I will quote the LAW about "extreme cruelty waivers ( Immigration and citizenship act 2011 part 4 of the § 216 (8 USC 1186a))

: "In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application".

Now you know, considering the level of the replies I read on here, if anyone can counter that with another law, they are more than welcome to do so, on here by quoting this other law ( i.e not by telling another baloney pure figment of their imagination) but if they have no LAW to quote or other OFFICIAL text ( i.e: memo from USCIS, INA, etc) they may want to keep their mouth shut instead of supporting USC batterers by misleading the victims of their crimes . I am not interested in debating with incoherent people holding an incoherent reasoning. So far 100% of people I have heard repeating in a loop that "extreme cruelty is hard to prove", either have a politic agenda AND/OR have NEVER been through this very process themselves, they have no official list of documents, no official guidance memo in hand to support what they say ( while I do), no NOTHING, and yet you hear them trumpeting all around that "the burden of proof for extreme cruelty is very high". B-A-L-O-N-E-Y!

Hey! I have been there MYSELF. No later than last January, I have put together not one but TWO ROC-extreme cruelty files ( mine & my adult son's). BOTH of them have been approved in 4 months without interview or even a RFE, so I don't just assume, I just did it and I got accepted. It barely took me a day to gather & organize proofs, and to build the 2 declarations around the proofs I had. I took an hour or so the next day to review the whole file, that is ALL. ONE DAY of work a "hard labor" for a 10 years Green card ( and some peace of mind)? Even if it had represented 10 days of continuous work, no biggie. Or we might not have the same definition of what "hard labor" is maybe...

I'm planning to apply with the I-751 under option 1.e Waiver that says....

" I entered the marriage in good faith, and during the marriage I was

battered, or was subject of extreme cruelty, By my U.S Citizen or permanent

resident spouse"

Now we all know that with regular Waiver on the I-751 if you have been married less than a year, we all have to wait 5 years total before applying for the citizenship.

However, some have said that EVEN THOUGH if you have been married LESS than 3 years, that if you apply with Option 1.e that it would be SORT OF CONSIDERED as if it was a Vawa case and thus REDUCED the number of years you have to wait before submitting your N-400 application.

In my case it would be 3 years total (2 years of my current green card + 1 more year to wait) before I can submit my N-400.

Any facts about this?

Any ideas about this?

Anything would help. Thank you!!

ABSOLUTELY there are facts and as said on this memo, it seems that it is 3 years ( not 5) in my case and in yours :

Chack this USCIS memo: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdf

Sorry but I don't think you really understood what I demonstrated AND what is the ulterior motive of many people here. Also when you assert something, how about you support that with documents/links? For example many things that you say in your post are outright false and you would have noticed should you have verified.

First point: I understood very late in the process that many people, USC hiding behind profiles from all around the globe, are not here to help the LEGAL immigrants community, but to spread false "information" in order to mislead LEGAL immigrants. They are either anti-immigration militants or vengeful people who were dumped by a foreign spouse. They lost their marbles and all decency altogether because frankly, taking it out on LEGAL immigrant Domestic violence victims, is both stupid and disgusting. Last world champion class but equally odious, some are here to boost their pathetic ego by posing as the expert they are not, while they have truly no clue of what they are talking about. they have not VERIFIED the "information" they give, they have not gone through this process themselves, they either have read some baloney on another forum and are parroting it, or they plainly fabricated what they say. Anyways, whether it is to pamper their ego, to assuage their desire for vengeance or to serve a political agenda, it is despicable to an unbelievable point.

Second point: I am talking about TRUE DV victims ( i.e: not the one who claims abuse because their spouse refused to buy a red car and bought a grey one instead). So with regard to TRUE DV, IF someone is somewhat articulate, it is NOT difficult to gather hospital bills and reports, 911 call reports and transcripts, testimonies, written threats, proofs of financial abuse and lastly to put together the main part in a cruelty ROC which is the victim's statement ( corroborated by the exhibits here above listed ). USCIS makes it very easy ( I have posted the list of documents one needs on another post but feel free to ask by PM)

Third point: I don't know where you got your "information", but what you say : " It goes to the adjudicators at Vermont at the VAWA unit to review. As they are the only ones trained to review abuse cases" is TOTALLY false ( you are basically making my point: taking some time to verify an information BEFORE asserting whatever is always, always better than being assertive without knowing).Here is what happens for real: ROC cruelty files go to Vermont OR to California depending on where you live ( and I have a very good source for that as MY OWN cruelty file went to California, not Vermont. And get this, I happen to know someone in my situation but from a different state whose file ALSO went to California). That said, how in the world, the fact that a cruelty file is sent to a specific SC, could make its adjudication more difficult? It does not make sense, unless you can explain HOW difficulty and location can POSSIBLY be related. In reality, when one of the 2 SC falls behind their schedule, files are transferred from one SC to the other ( has happened to the person I just mentioned, she was transferred from Vermont to California) As for your ABC classification hum... By all means, my own case was not perfect at all to say the least as for example, at the time of the filing, I have not left the house and my USC husband did not cause any serious physical wounds that could have qualified me instantly. BUT I got approved in 4 months without the slightest interview.

That being established ( and no matter what can be blathered on here by the above described self-proclaimed "experts");

1 - USCIS ALWAYS wait until the divorce is final to process one's ROC request. (So the delay is ALWAYS divorce processing time PLUS ROC processing time)

2 - Most states have mandatory wait time, several months on av. & up to TWO full years to finalize an uncontested divorce ( Illinois for example) which has to be added to the USCIS processing time.

3 - Average processing time ( Vermont or CA) for cruelty cases according to USCIS: 6 months ( in my case 4 months). PERIOD

4 - Average processing times (Vermont or CA) for divorced cases according to USCIS, 6 months to which divorce length should be added.

5 - A divorce can drag for years, above all against an abusive spouse & USCIS' RFE will ask for the final Div. decree, so no way to get a ROC without it!

6 - Abusive spouses tend to use immigration process delays to create issues that can jeopardize the victim's legal status ( frivolous court complaints, etc)

7 - Gathering a cruelty file IS NOT DIFFICULT if the victim is a bit organized, goes to a DV association, gathers the documents along the course of the events ( ask for your copy of medical records, of shelters, of counselors reports, testimonies, etc) and takes time to write the central piece: the victim's detailed declaration. In addition, gathering proofs of bona fide marriage is not difficult either ( I have attached 3 pics of his parents and me attending an event together and the last Christmas card they sent with all our names on it, plus the insurance with both our names, end of the story.)

8 - Filing for cruelty allows for the victim to file for a fee waiver.

9 - Filing for cruelty allows for the victim to file totally unbeknownst to their abuser = security +++

10- It allows the victim to prepare for leaving their abuser without the abuser being able to figure anything of what the victim is plotting = security +++

11- The victim can file for a restraining order as soon as their card has arrived and leave the house on the spot, it is immediate = security +++

12- Last but not least being granted a ROC on cruelty basis allows for a citizenship application in 3 years instead of 5 ( see memorandum of USCIS )

May I add to that the interest of telling the truth to the US authorities? I have quoted USCIS documents in this message so I hope that people will have AT LEAST the decency to read the documents and to NOT discuss these points ( contradict USCIS written rules that I quoted would be flat stupid indeed but, I have read so many absurd things on here that it would not surprise me to tell the truth). Now with regard to what I KNOW about THIS specific kind of ROC, in my own cruelty ROC case few months ago (January 2014), being honest with USCIS has been VERY rewarding, my fee waiver got approved immediately and I had my ROC in FOUR MONTHS... IF I had filed for divorce first, then for ROC I would STILL be waiting for my ROC by now. Working few hours on my ROC file saved me from 12 to 16 months of a grueling wait.

And again you are making assumptions - I tell you 3 months, 90 days to be exact, I got a divorce from a man in Colorado who had raped me, imprisoned me in my home, hit me, caused enough injury to me that I had a miscarriage, threatened to kill me and sell our unborn daughter into slavery/pedophilia ring, etc. We are talking about a man that allegedly raped a girl in high school and blackmailed her and after our divorce another woman had convicted for felony stalking and physical harassment. This is a man who I filed police reports against and had a civil protection order.

Then again, I know too well how men like this work - my father broke my arm as a toddler and abused my mother...that I know that provoking them can be very very dangerous. I didn't want to die, so hence I would have not provoked my ex-husband.

You obviously STILL don't get it. So let's try again:

1-Your story is very sad BUT you are USC and you are in your own country (noticed that?) with family and friends around you and benefits that immigrants just CANNOT have.Can you comprehend that already? All the housing benefits, the cash assistance, the wellfare, etc YOU can have is a no-no for an immigrant. Do you get this? So what are you trying to demonstrate here? Do you think that any guy of any country on the face of the earth would have abused me, in any way, in Corsica where I come from? Hahaha! Just the idea of it, makes me laugh.

2- You got lucky you were in Colorado where there is no waiting time, but if unfortunately you were living in Maryland, the waiting time there is.... 2 years! And I guess you would not be here bragging about how swift your divorce was. You got lucky to be there at that time. Period. The average waiting time among all states is 5 months ( it goes from a zero to a 24-month waiting time), so you actually are the one who is making misguiding blanket statements and giving false hopes. (besides, even with your swift divorce, I would not be approved yet, whereas I currently am approved with ROC + cruelty)

I am glad nothing bad happened to you, but all studies so far - yes all of them- have proven - and by far- that the most dangerous period for a DV victim is the divorce/ separation period ( DV represents 11% of all the homicides in the US and 37% of ALL women sought ER care for DV reason)

And just so you know a recent study has shown ALSO that most DV victims that are being killed by their spouse/partner had filed a restraining order that was in place at the time of their murder. That is how well TROs are protecting DV victims in the US! And Police is NOT to blame for that. The country cannot decently put a police officer behind EACH single person who files for a TRO! So if this guy had really wanted to kill you ( which I am glad he did not), lI hope you realize that you would not be here to talk about it, as much as the 3 women who are murdered by their partner/spouse every single day in this country. (see government statistics)

3- Now with regard to your advice "Divorce triggers less than filing for VAWA,or cruelty, I know better blah blah..." I really hope you did not take the time to think before you typed such an ineptitude.

If one files for divorce, they HAVE to get their spouse served to get the process started ( so the spouse IS aware of what is going on), BUT if one files for ROC under VAWA or cruelty, the process is 100% hidden from the abusive spouse (so they are NOT aware of what is going on). Therefore the spouse has STRICTLY NO KNOWLEDGE of your allegations of abuse nor of the simple fact that you have filed for ROC. How do you want anyone - even the worst abuser- to be "provoked" by something they have strictly no knowledge of? Do you realize that your theory does not make sense?

Please take a breath, get yourself a muffin and try to think rationally here!

Examples?

Here: http://www.msnewsnow.com/story/7301002/stabbing-victim-says-tro-wasnt-enforced

Here: http://www.8newsnow.com/story/648610/do-restraining-orders-stop-domestic-violence

Here: http://www.azcentral.com/community/swvalley/articles/2012/05/30/20120530woman-got-restraining-order-days-before-she-killed.html

Government Statistics? Here you go! http://www.statisticbrain.com/domestic-violence-abuse-stats/

Glad it worked for you... But each case is totally unique. My thought process however is if there is another route.. Let sleeping dogs lie... Or meaning if you can more easily and discreetly do the divorce and file waiver than to stir the pot with an abuse claim that might trigger an attack or other confrontations... But you do,what. Fits your unique situation...

You raise a very interesting point that summarizes what most people wrongly ( with all due respect) think: Why bother with abuse? File for divorce discretely!

Filing for divorce discretely is actually totally impossible because no one can file for divorce without having the other party served, in all states

(abandonment is off topic please). The other party gets X days to respond (& that is when threats, fallacious TRO, etc will start). So discretely: Not gonna happen! At the very minute your abusive spouse is served, the pressure will ratchet up 1000 notches. NO DV shelter will tell you " Suuuuure Honey you are safe ( Call me when you get to the hospital if your jaw is not broken OK?)!". They will ALL tell you "Do NOT stay in any place he knows of. Get your important stuff & come to the safe house NOW, turn off your cell, remove the battery immediately, do not tell anyone where you are, do not power on any tablet or laptop"

- By opposition to divorce, extreme cruelty or VAWA ROC does not "stir the pot" AT ALL because this application process is 100% hidden from your spouse (keywords 100% hidden). That is why I say that it definitely is the smarter way to go when someone has a case ( which has triggered a bunch of people who were coming up with a list of mandatory exhibits that was totally - but totally totally- inaccurate ). Divorce is uncovered as soon as your spouse is served (i.e beginning of divorce), Extreme cruelty or VAWA processes are NEVER disclosed to your spouse. EVER.

I have filed for ROC extreme cruelty (me & son) in January and got approved in 3 months. My soon to be ex husband does not know any of that. He does not even know that I have filed! So he thinks he has the upper hand in the upcoming "negotiation" & does not know that the weapons he thinks he has are already no longer there. The longer he wrongly believes he is in a position of strength, the better it is for me.

Maven you do not understand what we are discussing here, we are NOT discussing a normal divorce with no kids, no assets, etc we are discussing a divorce from an abusive spouse. And we are talking about ABUSE i.e not of a guy that raises his voice occasionally because he did not get his way.

The waiting time national average is... 5 months. Some states have zero month, some have... 24 months! So a bunch of people from Arkansas, Maryland, New jersey, Pennsylvania could come and say that it took them more than 18 months also but this is NOT the point. " it took another month for the judgement to be entered but technically we were divorced in 6 months and one day" We are not discussing "technicalities" here or what date is written on the paper when you received it months after your hearing, One can ONLY send a document to USCIS when they actually have it in their hands and it's only when USCIS receives this document that they start processing your case.

So now we know that it takes 7 months for an uncontested divorce/dissolution in California... We are all happy to hear it but

-1- We are not talking about uncontested divorce/annulment we are talking about contentious divorce

-2- We are not talking about any contentious divorce, we are talking about divorcing an abusive spouse

This is not just a couple that cannot get along anymore and argues over who should take the garbage out or about a pissed-off a** that turns the TV off in the middle of Scandal or Grey's anatomy.

We talk about the kind of guy who was normal when you met him but now:

-does not want you to work,

-does not let you use the car,

-does not let you control your own money,

-does not want you to meet with or talk to anybody, "because you don't know how to behave you fu***ing bi***" ".

-does not allow you to talk to your parents or friends the way you want,

-tells you what to wear,

-gets mad at you and threatens you - if only he does not hit you- if another man looks at you as "this is also your fault you sl**".

-made you lose your job because he makes you late, is everyday and for hours in front of your job waiting, provoking arguments, throwing fits,

-Insults you on a daily basis,

-hits you right across the face because dinner is not ready at 5:30.

-The dude who shot your dog in the head because he was barking at him while he was slapping the heck out of you (true story),

-the guy who thinks that raping his spouse is not rape ( true story also)

-the guy who has already gotten in your face and held your neck so hard that you feared for your life (true story),

-the guy who sleeps with a hand gun under his bed and tells you that " you have no right to take the kids away from me you poor ***, if you go with the kids I will kill you, I will kill the kids and kill myself"...

All these are true stories, do you get the feeling now? Or should I continue?

THIS one type of guy will certainly NOT tell you " Well you know what? Yeah you are right let's get a divorce, we cannot make this work, let's part ways and stay good friends. You take the kids all week, I take them every other weekend, you keep the van as you will need it". THIS is typically what does NOT happen with THIS type of man because according to all studies -yes all of them- Abuse is not about love and break up normally, it is about power and control ONLY so why would they want to release the grip they have on their victim?

Here for the references http://www.theduluthmodel.org/pdf/PowerandControl.pdf

So it is easy to say " got my divorce in 7 months and one day" ( by the way, this is the best case scenario, the slightest disagreement or backlog and you are at one year) But expecting that from an abusive man is not only not very realistic, it is dangerous. This type of guy discusses everything: kids custody and visitation issues, forks and knives, pillowcases, where you can live, etc, Because once again it is NOT about divorcing for him, it is about how long and how he will be able to keep the power and control over you. So he will file a restraining order because you have tried to protect your face while he was beating you and he got scratched on his forearm ( true story). He will allege that you are unfit and ask for parental evaluation ( and this lasts months and months) and this will lead you straight to mediation and parenting classes and this also lasts months. So before you get to have a judgement in your hand: good luck.

My divorce took less than six months from filing to completion. Guess your source is wrong. Oh wait, you don't provide sources.

In which century and in which state? Because here you need to wait 6 months and go through mediation before you get to schedule a hearing.

Anyways, you guys can argue until your face turns blue, fact of the matter is that EVEN in your case, I would have waited 6 months for the divorce, plus 6 months for a normal ROC ( want sources? Go to USCIS website, click "timelines", an see for yourself)

6+6 = 12 months, this is more than THREE TIMES the time it took me to get approved ( took me 3 months and 2 weeks).

Oh wait! Do I need to provide sources also for the addition and the division or will you manage on your own?

Thats quite a high soap box you are preaching from. (nevermind the countless other threads you have launched your pro-VAWA platform on sometimes inappropriately). Yes, there are some people here who are anti- VAWA but they are in the minority. Most people support it, and the ones that are against it are not against it because they support violence but because they believe the system is corrupt and is being abused and want it reformed.

You had several choices as how to file your ROC. You couldve chosen abuse, separation, or abuse and separation. They are three different paths.

Advocating that everyone who qualifies for abuse should file for it because helps future/potential victims (???) Umm no. I dont see how

The truth is you do take a risk having someone evaluate your case to see if your spouse is abusive and therefore exempt from signing- because theres a chance they can say no- spouse isnt abusive- shouldve signed- denied. There is absolutely no risk in filing under divorce and saying my spouse did not sign because we are divorced.

Someone may have to file under abuse because they were married a short time and do not have significant evidence of the marriage and it looks suspicious almost like they came and got a GC and are now leaving the spouse.

Capri,

First No ulterior motive or agenda: politics, corrupt system or whatever anyone can come up with, can possibly justify to give false information to DV victims. Women and kids lives are at stakes so if anyone puts a political agenda before human lives, they are plainly and simply dangerous psychopaths.

As for "helping the next victim" You should probably know that YES IT DOES help as restraining orders for DV are disclosed to the next foreign born spouse (USC spouse can inform themselves in USA) and USCIS keeps track of that so they can delay or deny the next K1 visa. Now you can talk about examples of people who got the TV turned off on them and thought it was abuse, until your face turns blue but anyone who will read the list I provided here above will understand righ away if they have a case (or not). Besides, DV associations are very good at letting you know if you are abused or if you are just a drama queen. So far I have been horrified by what I have heard, but I haven't met ONE example of ANY fake victim it the 2 years I am involved in DV support. Seen hundred of cases, not ONE remote control drama queen among them.

As for the legend of the bad immigrant who came here for a GC, and has no proof of marriage blah blah blah give me a break! Most cases that go to immigration court turn in favor of the defendant because the burden of proof falls on USCIS. So unless the defendant is a blithering idiot who has written somewhere that they got married for a GC or bragged about it before witnesses - How do you prove the evil intention over the theory of a couple that did not work out or someone who was abused by a moron who thought it was OK to slap the heck out of his spouse because she was not USC?

Now " There is absolutely no risk in filing under divorce" is totally WRONG, you just don't get where the problem is in case of DV. In addition to the deportation risk due to false accusations or fallacious retraining orders, there is also a risk of death or great bodily injury ( read further).

That said, have YOU undergone this ROC VAWA/cruelty process yourself? Are you an immigration attorney with dozens of ROC VAWA/extreme cruelty cases under your belt? Let me guess... No and No, right? So well.. What are you talking about? Unless you actually WORK for USCIS (which I clearly doubt because there is no such a thing as "abuse and separation" on I-751 form) how could you possibly know if cases are flying off the shelves in Vermont, California, or God knows where? People need to stop peddling unfounded rumors that misguide victims. There is NO such a thing as a "mental evaluation" listed in the list of exhibits I have in hand ( not even a mention or even the slightest hint), there is NO mandatory restraining order ( and I had none of these documents when I filed and it worked) and the list of inaccuracies you have listed goes on and on.

What people need here is accurate, reliable and verified information, not hearsay. Now if I am wrong, I am more than willing to acknowledge it, but not because you have said it forcefully, but because you have PROVED what you have said with supporting documents ( you seem to understand the concept of proving a point with documents in USCIS cases, right?). Now please go ahead and attach any official list you have that supports your "high burden of proof theory" otherwise, sorry to break that to you but no matter how assertively you proclaim things, it does not make them true. Hammering things with no proof is NEVER how things are being demonstrated in any serious matter we both know it, so PROVE your point.or please just quit arguing on something you have no proof of.

On my side - not that you have noticed apparently - I have brought documents to the table proving my point and I have also proven that my sources/documents were accurate as it actually HAS WORKED. Now if you cannot at least give proof of what you say, it means that either you have heard this, did not verify sources and you repeat unverified information, or you have fabricated a theory and you spread this rumor making it sound as official information, with what it entails in terms of irresponsible behavior, So please either complete your profile and quote your sources or stop. You are endangering people's lives on this topic. If you want to deter people from applying for GC, go to the work visa forum there is no life threatening problems there.

1- Vermont SC backlog does NOT prove that it is difficult to prove DV, it only proves that Vermont is late. Period. Hence it does NOT support your DV-burden-of-proof-is-very-high theory, as one does not have anything to do with the second.

2- Should we talk about backlogs in family courts also? An extra fast divorce lasts 12 months, THEN ONLY USCIS processes the ROC case (processing time 6 months); so if everything goes on a breeze ( which is rare with an abuser), it already represents a 18 month wait time. No matter how hard you want to be right: you cannot go against 12+6=18 which represents TWICE the time of the worse case scenario for a ROC ( adjudication in 9 months)

3- For the umpteenth time the reasons why insisting on " it is easier for a DV victim to divorce before ROC" is DANGEROUS are the following:

-ALL sociology studies ( yes ALL of them) ran in the US have proven that the divorce/separation period triggers abusers and that most restraining orders violations happen in this period of time.

-Worse, these studies also have proven that divorce/separation actually is the period where most spouses of abusive partners are being killed or physically assaulted, thrown in jail etc.

- The reason why DV shelter houses addresses are kept secret is because the BEST way to protect a DV victim is NOT a restraining order (YEP, same studies). What truly protects a DV victim is to swiftly sever all possible means of contact/leverage between abuser and victim.

As a consequence, giving the abuser another means of leverage on the victim, by keeping the victim's immigration status pending during 12 more months, is not only the biggest absurdity ever heard, it is also considerably worsening the danger for DV victims and their kids. During these 12 months the abuser can - and more like WILL- try and derail his victim's immigration process by tripping her and/or by stretching the divorce process: Parental evaluation, fallacious restraining orders, threats, blackmail, etc, etc

Consequences can be devastating: Restraining order = ROC denied. So most abusers will use immigration to keep on threatening the victim, force them to accept to surrender legal custody or to consent to - Shared custody - Shared parenting (which implies that the DV victim is ordered by the court to live in the vicinity of her abuser: How's that for her security?) - No spousal support - No or limited child support, etc. (Just saw a DV victim have her daughter and newborn baby legally taken away from her by her abuser right after she delivered because the latter has been faster than her at filing a restraining order after - get this - she scratched his forearm -one inch scratch- while raising her arm over HER her face while he had cornered her and was slapping the Heck out of her (she was covered in bruises)).

The power game dramatically changes when the victim have the possibility to file for ROC BEFORE she takes on the divorce, first because if the abuser files for a fallacious TRO, she has a chance and the time to get it overturned before HS starts the deportation process, whereas if this happens before the ROC what do you think the abuser will do next? Send the copy of the TRO to the service center. What will the SC do? Deny the ROC right away. Then the victim ends up fighting in family court for her divorce, in civil court for her TRO and in immigration court for the denied ROC, WHO has the financial means and the strength to face that altogether? And WHO wants to risk to find themselves in this situation?

So please stop the nonsense. DV is not something anyone should play with for any reason. Lives are at stake, DV is just a huge problem in America and can touch anyone, me as well your sister/daughter/mother.

Unfortunately, denied k1s are usually left to languish and expire... Options will probably be to refile or figure out a way to marry (maybe a 3rd country) as i understand CR1 denials are able to be appealed for re affirm... Not fiancé visas... Sorry this is happening to you...

VERY good idea this third country, I suggest France, as the most visited country in the world, thousands of foreign marriages are celebrated each year. I am fairly sure that considering the ties between France and Morocco, it may be even easier, I am sure your fiancé speaks French, he will get this figured out in no time.

Sorry for being so blunt but I think you are mixing 2 types of marriages here . As opposed to "love marriages", arranged marriages do not involve sentiments, they involve other considerations ( financial, family alliances, inheritance, etc) and you have made this specific choice, At times feelings develop afterwards but not always and love was not in the contract to begin with anyways.

Trying to report someone to USCIS without proofs (and when I say proofs it is SOLID proof, not he says-she says) will just do NOTHING else than NOTHING. "Hell hath no fury than a woman scorned " Do not take it personally but do you have any idea of how many times USCIS immigration officer verify this say? Every day, they receive letters from people who are bitter at their spouse for a failing marriage and send letter saying "my spouse committed immigration fraud". Can they give credit to that NO, Why? Because if such a case goes to court with no proof, the judge will blast them and it will cost them money.

To summarize, unless your husband has written to you that he married you just for the card or unless he has said that before several witnesses (unrelated to you) who are ready to repeat that in court, I know it is frustrating but you can drop it, it will go nowhere. Move on because if you have no proof, this will only make you look like a shrew to them. Is it really worthy? Does this guy deserve all this attention anyways? HE will have to prove he entered the marriage in good faith when removing conditions, let him deal with the problem.

Why not just get your GC and then file for divorce? You don't need him to remove your conditions in 2 years. Just move on and leave the loser behind. Since the process is about to finish, you may as well get the GC and move on with your life.

I completely agree with that! After all why complicating YOUR life? Take the easiest way FOR YOU. Go on with the GC, and slam this loser with a divorce right after you received your GC! You will have plenty of time to go get a lawyer and sort this out after you get your GC. Acting now while you are still angry may lead you to make the wrong decision and regret it afterwards.

I know how it feels the same thing happened to me ( among other blessings), Cool down, YOUR best move at this point might be to NOT move at all NOW.

Hang in there. Revenge is a dish best served COLD.

Hahaha truth is coming out! And this is by far the caviar of what I have ever heard on this forum! So let me summarize:

1 - you are not an immigration lawyer (hence you have no academic knowledge of immigration law).

2 - your family was there in the 1600s so obviously, you did not need a K1 visa to be here ( hence you don't even have ANY personal experience in K1)

YET, you are here giving formal advice about K1 visa....And of course I am the one who knows nothing about K1 visas...

Dude, I came here myself on a K1 visa and changed my way right in the middle of it. And mind you, I understood SO little to this process that I handled the whole process by myself. And get this: it spiraled down so much that I got approved in a blink of an eye... AND (oops I forgot) I guess I have been such an ignorant, that I will get to stay at least for 10 years...Still thinking I don't know what I am talking about?.

Now, I gathered that you are native American, and you obviously are a strong believer in hammering people with some of your blunt "truth". I guess it goes the same way for you though, right? So here it is You have to understand that as much as I sincerely deplore what has happened in this country, this war is OVER for centuries. You have also to understand that people currently immigrating to the US ( keyword currently) did nothing to your people as they OBVIOUSLY were NOT there at that time. Therefore, if you are angry, I recommend you direct your anger at the right type of persons. IF there is a grudge to hold for this (deplorable I reckon) part of the history, it is LOGICALLY NOT against CURRENT newcomers . You are definitely barking at the wrong tree here. That said I am done answering you, because for the above 2 reasons, you obviously do not qualify to answer these K1 questions.

OP: GO SEE A LAWYER ASAP, do not waste your time here. A good lawyer will not send your aunt on the wrong path. Some rare people are on this website to really help (Sandranj for example http://www.visajourney.com/forums/user/16778-sandranj/%C2'>