extreme cruelty on I 751

[ASAPNeedHelp 0]

during my marriage, my husband was very controling, and eventually he got verbally abusive and sometime physically. BUT, i never got anything filed against him or documented anything. Now, we been divorced for about 3 years. I'm thinking of filing to waive the joint filing requirement "because you and/or your conditional resident child were battered or subjected to extreme cruelty".

My only proof for right now is the affidavits from my friends and family. but i know that you need professional letters. I can go to counselor, but it was 3 years ago... Do you think I should just file as I entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment?

Please advice...

[Chica Yeyé 41]

Wait. You have been divorced for 3 years and are now trying to remove conditions? When did your green card expired? If it has expired already -as I am guessing it has from your post- and you did not do this on time; you are out of status.

[ASAPNeedHelp 0]

Wait. You have been divorced for 3 years and are now trying to remove conditions? When did your green card expired? If it has expired already -as I am guessing it has from your post- and you did not do this on time; you are out of status.

no, i'm still good to go on my status.

we got divorced few months after I got my permanent green card. and a year ago (in March) i mailed all the papers to remove condition...and from there it's a long story...so, not I hired a lawyer, and he recommended to RE-file I-751. make sense?

[Chica Yeyé 41]

No,. it does not make much sense - sorry

You filed already?

[ASAPNeedHelp 0]

No,. it does not make much sense - sorry

You filed already?

sorry...

I really appreciate your try to understand my situation.

I will try to explain myself.

I did file already I-751 to remove the condition of the green card. It was in March of 2008. since, then I did biometrix, and then in dec of 2008 I got letter from INS requesting more evidence (to prove extreme hardship. I never checked extreme hardship box in the application). However, the letter that they mailed me was not related to my case. At this point, I decided to hire a lawyer. So, my lawyer said that it's easier to withdraw my application that I filed in March of 2008 and re-file all the papers again.

So, now he says that I can file as if I entered the marriage in good faith, but the marriage was later terminated due to divorce. BUt at the same time, I do have base to file as if I was subjected to extreme cruelty by my husband.

So, my worry is that i don't know if I have enought documents to proof the extreme cruelty by my ex husband.

makes sense now?

[Chica Yeyé 41]

Makes a bit more sense, yes.

You will need documentation if you plan to file what is known as a VAWA claim (Violence Against Women Act). Didn't you lawyer tell you this? Is he an immigration attorney or a family law/divorce attorney?

As far as withdrawing your already filed petition; I have no clue if it can be done.

Sorry I could not be of more help; but your case seems to be complex.

[Minya's wife 25]

No,. it does not make much sense - sorry

You filed already?

sorry...

I really appreciate your try to understand my situation.

I will try to explain myself.

I did file already I-751 to remove the condition of the green card. It was in March of 2008. since, then I did biometrix, and then in dec of 2008 I got letter from INS requesting more evidence (to prove extreme hardship. I never checked extreme hardship box in the application). However, the letter that they mailed me was not related to my case. At this point, I decided to hire a lawyer. So, my lawyer said that it's easier to withdraw my application that I filed in March of 2008 and re-file all the papers again.

So, now he says that I can file as if I entered the marriage in good faith, but the marriage was later terminated due to divorce. BUt at the same time, I do have base to file as if I was subjected to extreme cruelty by my husband.

So, my worry is that i don't know if I have enought documents to proof the extreme cruelty by my ex husband.

makes sense now?

You received a letter requesting further evidence (RFE) on your initial I-751, but it was not related to your case? What do you mean? If it was not related to your case, why not just clear that up with USCIS, why hire a lawyer? Your timeline still does not make sense...how can you be divorced for three years now, but only have filed the I-751, less than a year ago? Do you have conditional or permanent residency? Because you withdrew your first I-751 (the one filed in march) and are divorced, you no longer have a basis to file to remove conditions based on your marriage. You now have to file by yourself, and prove that while the marriage lasted it was bona-fide. Filing a VAWA claim three years after the termination of the marriage, is probably going to require a lot more documentary proof that affidavits from friends/family and after-the-fact visits to a counselor.

-P

[Chica Yeyé 41]

I thought as much sister. thanks for chipping in!

[ASAPNeedHelp 0]

Makes a bit more sense, yes.

You will need documentation if you plan to file what is known as a VAWA claim (Violence Against Women Act). Didn't you lawyer tell you this? Is he an immigration attorney or a family law/divorce attorney?

As far as withdrawing your already filed petition; I have no clue if it can be done.

Sorry I could not be of more help; but your case seems to be complex.

this is such a great information. My lawyer is supposedly an immigration lawyer, BUt i don't really trust him. and I cannot change him b/c i paid him a lot opf money already.

how do i start a VAWA claim? how long does it takes? should I go to a counselor and ask them write a letter. Is it might be a problem that it was 3 years ago? it's not too late for filing now about it? I never wanted to "deal" with the abuse and make it "public" that's why we just got divorced and I don't know where my ex husband is now...

wouldn't it be easier to just file as we were married and got divorced?

thank you so much for all the information... you have no idea how I appreciate it!

[ASAPNeedHelp 0]

No,. it does not make much sense - sorry

You filed already?

sorry...

I really appreciate your try to understand my situation.

I will try to explain myself.

I did file already I-751 to remove the condition of the green card. It was in March of 2008. since, then I did biometrix, and then in dec of 2008 I got letter from INS requesting more evidence (to prove extreme hardship. I never checked extreme hardship box in the application). However, the letter that they mailed me was not related to my case. At this point, I decided to hire a lawyer. So, my lawyer said that it's easier to withdraw my application that I filed in March of 2008 and re-file all the papers again.

So, now he says that I can file as if I entered the marriage in good faith, but the marriage was later terminated due to divorce. BUt at the same time, I do have base to file as if I was subjected to extreme cruelty by my husband.

So, my worry is that i don't know if I have enought documents to proof the extreme cruelty by my ex husband.

makes sense now?

You received a letter requesting further evidence (RFE) on your initial I-751, but it was not related to your case? What do you mean? If it was not related to your case, why not just clear that up with USCIS, why hire a lawyer? Your timeline still does not make sense...how can you be divorced for three years now, but only have filed the I-751, less than a year ago? Do you have conditional or permanent residency? Because you withdrew your first I-751 (the one filed in march) and are divorced, you no longer have a basis to file to remove conditions based on your marriage. You now have to file by yourself, and prove that while the marriage lasted it was bona-fide. Filing a VAWA claim three years after the termination of the marriage, is probably going to require a lot more documentary proof that affidavits from friends/family and after-the-fact visits to a counselor.

-P

here's the letter that I got with request for more evidence. Seems that they are asking to proof extreme hardship. When, I checked the box for cruelty and NOT extreme hardship that will be casued to me if i'm being removed from the country. I tried to call USCIS, but they could not provide any information on the phone, and i didn't know what else to do, this is why i hired the lawyer.

I_751.pdf

[Chica Yeyé 41]

so the instructions of what you should have done were right there sister --- why on earth don't you just submit what they ask for?

I have the feeling your lawyer is an idiot --- he should be telling you all this. And he should know about VAWA.

[ASAPNeedHelp 0]

so the instructions of what you should have done were right there sister --- why on earth don't you just submit what they ask for?

I have the feeling your lawyer is an idiot --- he should be telling you all this. And he should know about VAWA.

that's the feeling i'm getting about my lawyer as well... unfortunately already stuck with him...

but going back to the evidence: what do you mean submit what they ask for? my understanding is that they ask to proof that extreme hardship will be caused if I will be removed from the country. am i correct? i didn't file my application based on it. so this is where i get confused.

[Minya's wife 25]

Makes a bit more sense, yes.

You will need documentation if you plan to file what is known as a VAWA claim (Violence Against Women Act). Didn't you lawyer tell you this? Is he an immigration attorney or a family law/divorce attorney?

As far as withdrawing your already filed petition; I have no clue if it can be done.

Sorry I could not be of more help; but your case seems to be complex.

this is such a great information. My lawyer is supposedly an immigration lawyer, BUt i don't really trust him. and I cannot change him b/c i paid him a lot opf money already.

how do i start a VAWA claim? how long does it takes? should I go to a counselor and ask them write a letter. Is it might be a problem that it was 3 years ago? it's not too late for filing now about it? I never wanted to "deal" with the abuse and make it "public" that's why we just got divorced and I don't know where my ex husband is now...

wouldn't it be easier to just file as we were married and got divorced?

thank you so much for all the information... you have no idea how I appreciate it!

You will be best served by reading the guides here, and browsing a little through the Forums, paying more attention to the "Effects of Major Family Changes on Immigration Benefits" forum.

In order to file under Petition Basis category E - I am a conditional resident spouse who entered a marriage in good faith, and during the marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or permanent resident spouse or parent, you will need to provide the following information:

If you are filing to waive the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty, also file your petition 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.

Do you have this evidence in your possession now? If not, you may need to consider filing in the D - I entered into the marriage in good faith but the marriage was terminated through divorce or annulment category. For this the evidenciery proof is the same as for the I-751 based on ongoing marriage PLUS you must include the final divorce decree.

-P

[~krakatoa~ 27]

deleted

Edited February 24, 2009 by myra

[Chica Yeyé 41]

It is pretty simple:

they are asking for 2 things:

FIRST: your divorce decree.

SECOND: they did not think your evidence of hardship was enough. You need more evidence.

As simple as that. what does your so called attorney have to say about this?