temporary GC & marriage annulment

[MihaelaNYS 10]

I dont know what advice he got and from who but is dragging me down into a battle in wich only lawyers win (as somebody stated here before)....

The more information I get (legal info like the memos your found and laws) the better it is because I try to do as much research on my own as possible. You dont want to live that up to a lawyer to do it for you and charge you hundreds/h.

Also, from my experience, lawyers are not to be trusted. Their only intrest are money. Once they got it, they forget about you. It happened to me twice. I didnt got the money back either. Nothing but ripp off.

If it suit them to prolong the battle or go to conferences in court as often as possible, they will, so they can pump up the bill with thousands....

Thank you for your help.

[russian_armenian 4]

Thanks, Mermaid. I meant the abuse clause on I-751. I am completely clueless about WAVA-just know that it helps to adjust abused women.

russian_armenian,

Just a note. There is no such thing as an I-751 VAWA waiver. The I-751, can be submitted alone, if the alien has been abused, true, and in cases where individuals are not divorced yet the US citizen spouse will not jointly file the petition, then this is an option to those for which is pertains as a grounds to self-petition. Vawa deals specifically with aliens that otherwise have no ability to adjust status, not for aliens that are already permanent residents.

Mihaela,

I have not saved links. I think search was "I-751 separation waiver" or something similar in various wordings. These memos like 2 pages long (dont even remember what webs they were from). But they are official. All related to you, I cut and posted. If I get time, I will search again.

But now seems that it is not relevant since you are divorcing under abuse; so you can send I-751 with WAVA waiver right away. Might save time. Looks like you have evidence for WAVA.

Good luck.

russian_armenian,

Thank you for your answer straight to the point.

Could you send me the link to the memo from 2005 (I couldnt find it on USCIS site, you must be more proficient then me on e-search).??

My ground for divorce is cruel and inhuman treatment - in one word: abuse.

Most of the people that didnt deal with abusive spouses, have no idea how bad it is. They can only imagine but... feeling/experience is entirely different. The effect/trauma caused by it (especially if the abuse is mental or emotional) can take years to heal. If it get that bad that you get mentally ill, you might never recover.

I was very close to that stage. A letter from my doctor to an organisation that deals with domestic violence cases and proper medication + counseling, saved me.

Too bad that not too many people know what abuse is, so they would recognise it and be able to protect themselves.

In case of immigrant women: to gather evidence and be able to prove it.

Some people that answered on this forum think that calling the police when a domestic violence incident occurs is that easy!

Well, is not easy at all. If you are a immigrant woman has no cell phone, no car, no friends and nowhere to go + you live in the backyard of the abuser's parents property wich is enclosed by a tall fence and all this is in the middle of a forest ... well, you might think twice... because if you manage somehow to call the cops, you better have another place to go next day ... or you risk your own life. Because, think about it... who would report you missing ? The criminals who baried you in their backyard?

They can as easy say: she left because she had a lover or whatever other story ... who would care about that immigrant or try to find out what really happened to her ???

One thing is for sure: if the immigrant women is treated decently, she would not seek help with domestic violence organizations (to get in one of their programs, to get help from them, you have to prove your spouse is an abusive person. They know and recognize the pattern and behaviour of the abuser).

But the story and what is abuse... in another topic as I promised.

I try to keep it only on legal matters, laws, memorandum and legal strategy/research.

[MihaelaNYS 10]

I dont get one thing: is states (in USCIS forms) that an immigrant can apply for lifting conditions if the marriage was terminated by a divorce or annulment (see I-751) but

in case of affidavit of support, it stands only in case of divorce. (Divorce do not terminate the obligation of the sponsor see I-864)

What happends in case of an annulment ?????

The immigrant can lift the temporary condition but will have no sponsor and should find another one ?

[russian_armenian 4]

I am not quite sure but I think that I-864 could be withdrawn in case of fraud only. There are no way it could be withdrawn once AOS is complete. No back power. But I am so surprised that USCs are so worried about it. Do they marry some bumps who wants to live on gov support? I-864 is about 125% of poverty levels. If immigrant is making that much, I-864 is not enforcable even in theory. Honestly, I dont know anybody on SSI or other gov support. I doubt that it is so easy for a young person to get it.

I dont get one thing: is states (in USCIS forms) that an immigrant can apply for lifting conditions if the marriage was terminated by a divorce or annulment (see I-751) but

in case of affidavit of support, it stands only in case of divorce. (Divorce do not terminate the obligation of the sponsor see I-864)

What happends in case of an annulment ?????

The immigrant can lift the temporary condition but will have no sponsor and should find another one ?

[diadromous mermaid 36]

No, in the case of an annulment, provided it is an annulment that is was not granted on the basis of immigration marriage-fraud that is, the alien's affidavit of support remains.

I dont get one thing: is states (in USCIS forms) that an immigrant can apply for lifting conditions if the marriage was terminated by a divorce or annulment (see I-751) but

in case of affidavit of support, it stands only in case of divorce. (Divorce do not terminate the obligation of the sponsor see I-864)

What happends in case of an annulment ?????

The immigrant can lift the temporary condition but will have no sponsor and should find another one ?