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Posted

Hi, my case kind of complicated... I got married in 2005. We were married for a little over a year. during our relationship the relationship went from "honeymoon" to hell in very short time. and it was the reason for divorce from my american husband. He even opened a cc account under my name and spent $10,000 without me knowing it. eventually when the creditors came after me, it was very easy to prove that it was a fraud!.

anyway, in March 2007 I was already divorced and filed to remove condition from the residency. In the application I checked box that said :"we entered the marriage in good faith, were divorced and I was subject to extreme cruelty by my citizen spouce". few months later, i got invite for the biometrics, and then suddenly I got a letter requesting more evidence for extreme hardship that will be caused if I will be removed from the country( I don't check that box, and not sure why they requested it from me!!!). so, i hired a lawyer. He recommended to REFILE THE APPLICATION AND check BOTH boxes: that we entered the marriage in good faith and got divorced AND the box that I checked previously that we were married, got divorced and I was subject to extreme cruelty by my spouse".

My question is: IS IT NOt GOING TO COMPLICATE EVERYTHING?

my lawyers reasoning is: The advantage of showing additional grounds for waiver is that if you are denied by USCIS, in Immigration Court you can only seek to remove the condition on your residency on the grounds that you claimed in the I-751. If the ground was not claimed in the I-751 you may not raise it at Immigration Court.

My other question is: I don't really want to go into the mental abuse that I went throu ( and I don't have any papers to support it for right now). Probably could get letter from conselour (but it happened almost 3 years ago!!!). DO YOU THINK I SHOULD JUST file my waiver application based only on me having entered into a good faith marriage and having terminated the marriage through divorce?

PLEASE HELP!!!! I was suppose to provide more evidence and my deadline is over by few days. My lawyer says few days is OK. Is it OK if i'm withdrawing my previouse waiver application and filing new one???

Posted
Trust your lawyer and follow his advise. From your side of the story, his position seems reasonable.

Thank you for your reply. But, have you ever heard of checking more than one box in the application to remove condition? I feel that it's just asking for more trouble and confusion.

 
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