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Posted
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.

That RFE you received says that they [uSCIS] thinks you to be filing under the extreme hardship category. do you have a copy of your original petition that you filed? What box(es)es did you check in Part2 of the petition?

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Posted
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

can I check both categories? D & E? my lawyer said that we actually can do it: 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.

I do not have any evidence for extreme cruelty by my ex husband. But now i think if I ended up filing as E, I can may be use VAWA??!! thoughts?

Posted
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?

my lawyer wants just to refile everything.

I did mail them divorce decree. but of course could mail it again.

As for more evidence, i don't have anything (except affidavits from friends and family). should I try to go to couselor and ask to write a professional letter confirming my mental/ controling abuse from 3 yrs ago?

don't you think it will be jus teasier to file as category D: entered in good marriage and we got divorces.?

Posted
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.

That RFE you received says that they [uSCIS] thinks you to be filing under the extreme hardship category. do you have a copy of your original petition that you filed? What box(es)es did you check in Part2 of the petition?

i checked box E

can you check more than 1 box?

City: California/Bayern - Filed K-1 from China Filed: Lift. Cond. (pnd) Country: Germany
Timeline
Posted

Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

K-1 VISA:

3/4/06: I-129F Sent to CSC

3/14/06: NOA1

7/21/06: IMBRA RFE received by CSC

8/22/06: NOA2

9/8/06: Case arrives at NVC

9/16/06: NVC departure letter received

9/22/06: Left NVC bound for China

10/6/06: Case arrives at Guangzhou consulate

10/20/06: Received Packet 3

10/26/06: Sent DS-230 back to consulate

11/9/06: Sent OF-169 back to consulate

11/17/06: Received Packet 4

11/25/06: Completed Medical Exam in Beijing

12/15/06: Interview in Guangzhou (Success!!)

12/19/06: Received K-1 visa

1/12/07: Entered U.S. (POE: SFO)

ADJUSTMENT OF STATUS:

1/26/07: Applied for SSN

2/8/07: Medical exam for vaccinations

2/9/07: Received SSN

3/3/07: Married!! (WooHoo!!)

3/16/07: Changed name on SSN

4/3/07: Sent AOS application to Chicago

4/5/07: AOS application arrived in Chicago

4/16/07: Received NOAs for AOS, EAD, & AP (NOA date: 4/12)

4/24/07: Received biometrics appt. letter

5/7/07: Biometrics appointment

5/25/07: Received interview appt. letter

6/25/07: Received AP documents

6/28/07: Received EAD card

7/18/07: AOS Interview (Approved!)

7/30/07: Received 2-year green card

REMOVAL OF CONDITIONS:

4/24/09: I-751 sent to CSC

4/27/09: I-751 arrived at CSC

5/13/09: Received NOA letter (NOA date: 4/27)

6/4/09: Received biometrics appt. letter

6/13/09: Biometrics appointment

8/6/09: Card production ordered

8/12/09: Received card in mail

Posted
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

so, you don't think I should try to do VAWA?

Posted
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

can I check both categories? D & E? my lawyer said that we actually can do it: 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.

I do not have any evidence for extreme cruelty by my ex husband. But now i think if I ended up filing as E, I can may be use VAWA??!! thoughts?

No, please see Part 2. Basis for Petition on the I-751 petition, there is notation that you must (Check one)

Why did you check box E if you did not have enough evidence to prove the extreme cruelty from the very beginning? Did you not read the instructions, and see all the evidence you must include if you claim that particular basis?

As for your next steps...theoretically if you have successfully withdrawn your previous application (you did this right, and have confirmation of it?) you can re-file based on category D- good faith marriage that ended w/ divorce.

BUT, I really think you need another lawyer, a good one and who can explain your options to you better OR, please inform yourself a lot better regarding this process. Please do not take this the wrong way, but you're throwing terms around without really understanding their pertinence to the immigration process or understanding the implications of your actions.

-P

funny-dog-pictures-wtf.jpg
Posted
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

can I check both categories? D & E? my lawyer said that we actually can do it: 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.

I do not have any evidence for extreme cruelty by my ex husband. But now i think if I ended up filing as E, I can may be use VAWA??!! thoughts?

No, please see Part 2. Basis for Petition on the I-751 petition, there is notation that you must (Check one)

Why did you check box E if you did not have enough evidence to prove the extreme cruelty from the very beginning? Did you not read the instructions, and see all the evidence you must include if you claim that particular basis?

As for your next steps...theoretically if you have successfully withdrawn your previous application (you did this right, and have confirmation of it?) you can re-file based on category D- good faith marriage that ended w/ divorce.

BUT, I really think you need another lawyer, a good one and who can explain your options to you better OR, please inform yourself a lot better regarding this process. Please do not take this the wrong way, but you're throwing terms around without really understanding their pertinence to the immigration process or understanding the implications of your actions.

-P

I really agree with you on everything you wrote above, and really appreciate all the help, advice and information. I'm very lucky that I found this site. Unfortunately where I live, there are very few if not only 2 immigration lawyers. and they want $ for every word coming out of their mouth. so it makes its really hard to get a good advice regarding the situation. I really, really appreciate all your help.

Posted
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

so, you don't think I should try to do VAWA?

Lady, by your own admission you have no tangible proof that your husband abused you. You have some letters from friends...not enough given the level of detailed evidence USCIS expects to see on an abuse claim. Why is it so difficult for you to just prove that your marriage was good faith while it lasted, and now you're divorced?

-P

funny-dog-pictures-wtf.jpg
Posted (edited)
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

As for more evidence, i don't have anything (except affidavits from friends and family) . should I try to go to couselor and ask to write a professional letter confirming my mental/ controling abuse from 3 yrs ago?

don't you think it will be jus teasier to file as category D: entered in good marriage and we got divorces.?

so, you don't think I should try to do VAWA?

Why are you still asking this? You have already answered this yourself.

Edited by mobama94
Posted
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

so, you don't think I should try to do VAWA?

Lady, by your own admission you have no tangible proof that your husband abused you. You have some letters from friends...not enough given the level of detailed evidence USCIS expects to see on an abuse claim. Why is it so difficult for you to just prove that your marriage was good faith while it lasted, and now you're divorced?

-P

i believe it's not hard to proof that we were married and now divorced. It's just when I was filing, I guess I did not put the emphasys on all the proofs that I had to show to show the abuse. and he was abusing me. the only thing I have for abuse is: letters from friends, and police report that shows that he fraudly opened cc under my name and spent $10,000. so i have proof of it by police, creditors and amex (where he opened the account). Based on all that, and not being advised properly, i decided to check box for cruelty.

Posted
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

so, you don't think I should try to do VAWA?

Lady, by your own admission you have no tangible proof that your husband abused you. You have some letters from friends...not enough given the level of detailed evidence USCIS expects to see on an abuse claim. Why is it so difficult for you to just prove that your marriage was good faith while it lasted, and now you're divorced?

-P

i believe it's not hard to proof that we were married and now divorced. It's just when I was filing, I guess I did not put the emphasys on all the proofs that I had to show to show the abuse. and he was abusing me. the only thing I have for abuse is: letters from friends, and police report that shows that he fraudly opened cc under my name and spent $10,000. so i have proof of it by police, creditors and amex (where he opened the account). Based on all that, and not being advised properly, i decided to check box for cruelty.

this is why understanding the instructions and implications of each form is of paramount importance. I will ask again, have you followed proper procedure and witdrawn your other I-751 you filed? I would follow the suggestion of the member that said to request an Infopass appointment and go speak with an immigration officer. Once you're sure your previous app is withdrawn, you can re-file, using filing basis D.

BTW, an ex or even a current husband fraudulently opening a card and spending 10K is not battery or extreme curelty as understood by USCIS. He abused your creditworthyness by doing this, not abused you.

Good luck,

-P.

funny-dog-pictures-wtf.jpg
Posted
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

so, you don't think I should try to do VAWA?

Lady, by your own admission you have no tangible proof that your husband abused you. You have some letters from friends...not enough given the level of detailed evidence USCIS expects to see on an abuse claim. Why is it so difficult for you to just prove that your marriage was good faith while it lasted, and now you're divorced?

-P

i believe it's not hard to proof that we were married and now divorced. It's just when I was filing, I guess I did not put the emphasys on all the proofs that I had to show to show the abuse. and he was abusing me. the only thing I have for abuse is: letters from friends, and police report that shows that he fraudly opened cc under my name and spent $10,000. so i have proof of it by police, creditors and amex (where he opened the account). Based on all that, and not being advised properly, i decided to check box for cruelty.

this is why understanding the instructions and implications of each form is of paramount importance. I will ask again, have you followed proper procedure and witdrawn your other I-751 you filed? I would follow the suggestion of the member that said to request an Infopass appointment and go speak with an immigration officer. Once you're sure your previous app is withdrawn, you can re-file, using filing basis D.

BTW, an ex or even a current husband fraudulently opening a card and spending 10K is not battery or extreme curelty as understood by USCIS. He abused your creditworthyness by doing this, not abused you.

Good luck,

-P.

I already scheduled an InfoPass appointment for tomorrow. will bring all my papers there and will make sure that it's all withdrawn properly.

as of the abuse- there was more than just creditworthyness, but i don't like to go into it, especially that i don't have any writen professional evidence for it.

Thank you all for your help.

Filed: Other Country: Argentina
Timeline
Posted
Might not be a bad idea to schedule an infopass appointment to find out what your options are at this stage, but it seems you don't have the evidence to prove abuse. You may just have to pursue it as a divorce from a good faith marriage.

Excellent, excellent idea. :thumbs:

so, you don't think I should try to do VAWA?

Lady, by your own admission you have no tangible proof that your husband abused you. You have some letters from friends...not enough given the level of detailed evidence USCIS expects to see on an abuse claim. Why is it so difficult for you to just prove that your marriage was good faith while it lasted, and now you're divorced?

-P

i believe it's not hard to proof that we were married and now divorced. It's just when I was filing, I guess I did not put the emphasys on all the proofs that I had to show to show the abuse. and he was abusing me. the only thing I have for abuse is: letters from friends, and police report that shows that he fraudly opened cc under my name and spent $10,000. so i have proof of it by police, creditors and amex (where he opened the account). Based on all that, and not being advised properly, i decided to check box for cruelty.

this is why understanding the instructions and implications of each form is of paramount importance. I will ask again, have you followed proper procedure and witdrawn your other I-751 you filed? I would follow the suggestion of the member that said to request an Infopass appointment and go speak with an immigration officer. Once you're sure your previous app is withdrawn, you can re-file, using filing basis D.

BTW, an ex or even a current husband fraudulently opening a card and spending 10K is not battery or extreme curelty as understood by USCIS. He abused your creditworthyness by doing this, not abused you.

Good luck,

-P.

I already scheduled an InfoPass appointment for tomorrow. will bring all my papers there and will make sure that it's all withdrawn properly.

as of the abuse- there was more than just creditworthyness, but i don't like to go into it, especially that i don't have any writen professional evidence for it.

Thank you all for your help.

If your abuse or what you claim as abuse cannot be verified by police reports, letters from shelters, legal documents, etc. then you do not have a case for removing conditions based on abuse. Your abuse better be quite significant and provable.

As everyone here has mentioned, you are totally free to remove conditions based on the fact that you entered into a good faith marriage and it didn't work out.

Here's my question - are you trying to not have to pay for the I-751? If that is the case, you should also have a very significant issue to justify that. My friends actually received a waiver for payment as she has breast cancer, no insurance and they are having to pay for her medical care out of pocket. The USCIS actually did have a heart for that - but they are notorious for not giving a rat's azz about the despair you might be in.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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