Removing conditional and divorced

[Jaffy 0]

Hello everyone,

I see that most of you have applied for the removal of conditional but you are all still married. I have to apply for the removal of my conditional on my own because I got divorced due to abuse, verbal, economical and so on. I was in a shelter for abused women and children for three months and also have restraining orders. Aside from that I don't have any other police reports.

I have the lease under both of our names, bank statements, tax returns but what else aside from the things I've just mentioned do I need to prove that I got married in good faith and I got divorced due to the abuse I was going thru.

Should I file just under separate or under abused?

Thanks,

[eau_xplain 2]

You file your I-751 with a waiver for reason of being divorced. Aside from the proof of co-ownership of assets while the marriage existed, you will attach a copy of your divorce decree. I believe some VJers who also filed a waiver included a letter explaining the reason why the marriage ended.

Good luck and hope your I-751 process will be smooth and quick.

[Jaffy 0]

You file your I-751 with a waiver for reason of being divorced. Aside from the proof of co-ownership of assets while the marriage existed, you will attach a copy of your divorce decree. I believe some VJers who also filed a waiver included a letter explaining the reason why the marriage ended.

Good luck and hope your I-751 process will be smooth and quick.

Thanks for your prompt response. So I should file just as divorced and not as battered/abused? Awsome!

Aside from the joint lease, car insurance, bank statements, and taxes I will include the divorce decree (which doesn't have written anywhere that it was because of abuse, plus he never showed to court) and I will add the list with the amount of consolidated credit cards, letter from the shelter and restraining orders. Do you think that will be enough aside from affidavits from whom used to be our landlord, my best friend, and my aunt?

Thanks again,

[Ashish 1]

In my opinion it would strengthen your case if you apply under the battered/abused category. for a waiver from joint filing requirement. The instructions for I-751 (http://www.uscis.gov/files/form/I-751instr.pdf) lists the extra evidence required for that. Seems like you should have all that since you had a restraining order, were in a shelter, and also have a divorce. Good luck.

From the instructions...

If you are filing to waive the joint filing requirementbecause you and/or your conditional resident child werebattered or subjected to extreme cruelty, also file yourpetition with the following:

A. Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described under Evidence of the Relationship; or

B. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries.

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

[diadromous mermaid 36]

In my opinion it would strengthen your case if you apply under the battered/abused category. for a waiver from joint filing requirement. The instructions for I-751 (http://www.uscis.gov/files/form/I-751instr.pdf) lists the extra evidence required for that. Seems like you should have all that since you had a restraining order, were in a shelter, and also have a divorce. Good luck.

From the instructions...

If you are filing to waive the joint filing requirementbecause you and/or your conditional resident child werebattered or subjected to extreme cruelty, also file yourpetition with the following:

A. Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described under Evidence of the Relationship; or

B. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries.

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

An alien can file the I-751 alone under any and all of the grounds applicable. OP, have you already submitted your I-751?

[Jaffy 0]

In my opinion it would strengthen your case if you apply under the battered/abused category. for a waiver from joint filing requirement. The instructions for I-751 (http://www.uscis.gov/files/form/I-751instr.pdf) lists the extra evidence required for that. Seems like you should have all that since you had a restraining order, were in a shelter, and also have a divorce. Good luck.

From the instructions...

If you are filing to waive the joint filing requirementbecause you and/or your conditional resident child werebattered or subjected to extreme cruelty, also file yourpetition with the following:

A. Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described under Evidence of the Relationship; or

B. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries.

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

An alien can file the I-751 alone under any and all of the grounds applicable. OP, have you already submitted your I-751?

I still haven't sent in the paperwork, my GC expires on June 18. I am currently gathering information to submit and also affidavits. Hopefully I send this at the beginning of April. What you are saying is that I can mark both divorced and abused/battered? That would be great.

What I am afraid is that since I don't have any police reports or pictures of abuse it might not go thru under abused. But I was in the shelter plus I have prove of all the economic harship I'm in due to his spending sprees with my credit cards, plus the diary that I kept and sent to the psychologist from a shelter while still being with him.

[JayJay 4]

I had to do the same thing not so long ago, and sent my waiver of joint application on the grounds of good faith marriage that ended in divorce, but also on the grounds of abuse. I felt it would strengthen my case enormously if I had the opportunity to tell USCIS why I left the marriage. I also wasn't going to 'cover' for my ex anymore as I had done for a long time, and felt it was my right to explain and reveal why I left as well. So from my standpoint it was a moral as well as a 'strengthening' choice.

I'm not worried, becuse why? I had my biometrics just this past weekend. If they want to interview me, that's fine by me - I have nothing to hide here. I submitted all the evidence I had, including the restraining order, the police reports (both of them), psychologist and chiroprachter records and if that isn't enough (along with a detailed explanation) I don't know what is.

I hope everything will be fine for you! Just submit what they want and be confident that the truth will prevail, because most of the time, it will.