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Posted

Hi, I need to apply for the I-751 in the next few days. I find it hard to organize all the paperwork because I have so many sheets and copies all over the place. My case is not a very happy one. I have a divorce decree on ground of abuse (the US citizen was the abuse, ofcourse). In my application I-751 should I use both grounds for self-petition? Good faith and abuse spouse ? if so, do I have to write two affidavits, one for each ground?

Does anyone know/heard about similar cases that were deinied? and why were denied?

(I am trying to figure out what to look out for).

Hoping for the best but prepare for the worst....

Thank you

K1 visa Sept. 2006

USA - arrived on January 2007

Married - March 2007

GC approved and received on September 12, 2007

August 2008 - filed for divorce

May 2009 - divorce decree

I-751 - September 4, 2009 (waiver - bonafide marriage)

NOA - September 17, 2009

Biomatrics - October 5, 2009

APPROVED ON DECEMBER 1, 2009

Posted
I believe you have to choose either or. It is a decision only you can make, really. But whichever you decide, we will be here for you. :)

Actually, according to the info on the USCIS, you have to prove "both".

One, that your a victim of abuse, and Two, that the marriage was entered in good faith.

Source

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Timeline
Posted
I believe you have to choose either or. It is a decision only you can make, really. But whichever you decide, we will be here for you. :)

Actually, according to the info on the USCIS, you have to prove "both".

One, that your a victim of abuse, and Two, that the marriage was entered in good faith.

Source

I stand corrected. thanks brother bobby!

Posted

Thank you for your answers

I got even more confused...

I thought that since I have a GC I don't need to file I-360. Do I have to file both? I 751 and I-360?

On the I-751 I need to check the box where I self petition as: divorced (marriage terminated ...) or spouse of USC abused by him. Should I check both?

K1 visa Sept. 2006

USA - arrived on January 2007

Married - March 2007

GC approved and received on September 12, 2007

August 2008 - filed for divorce

May 2009 - divorce decree

I-751 - September 4, 2009 (waiver - bonafide marriage)

NOA - September 17, 2009

Biomatrics - October 5, 2009

APPROVED ON DECEMBER 1, 2009

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Thank you for your answers

I got even more confused...

I thought that since I have a GC I don't need to file I-360. Do I have to file both? I 751 and I-360?

On the I-751 I need to check the box where I self petition as: divorced (marriage terminated ...) or spouse of USC abused by him. Should I check both?

I-751

YMMV

Posted
I believe you have to choose either or. It is a decision only you can make, really. But whichever you decide, we will be here for you. :)

Actually, according to the info on the USCIS, you have to prove "both".

One, that your a victim of abuse, and Two, that the marriage was entered in good faith.

Source

What if she proves one and fails to prove the other?

Posted
I believe you have to choose either or. It is a decision only you can make, really. But whichever you decide, we will be here for you. :)

Actually, according to the info on the USCIS, you have to prove "both".

One, that your a victim of abuse, and Two, that the marriage was entered in good faith.

Source

What if she proves one and fails to prove the other?

Then it will probably be denied.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
I believe you have to choose either or. It is a decision only you can make, really. But whichever you decide, we will be here for you. :)

Actually, according to the info on the USCIS, you have to prove "both".

One, that your a victim of abuse, and Two, that the marriage was entered in good faith.

Source

Your link is about I-360. The OP doesn't need to file I-360 because she is already a permanent resident. She needs to file I-751.

Posted
On the I-751 I need to check the box where I self petition as: divorced (marriage terminated ...) or spouse of USC abused by him. Should I check both?

If you check "abuse" waiver, you will have to prove that you have been abused, and if they think you were not abused, your petition will be denied. I would check "divorce" waiver, divorce waivers usually are very easily approved, all what USCIS needs from you for approving divorce waiver is only your divorce decree.

And, of course, you still have to show all your documents about bona fide marriage to prove that your marriage was real one :)

 
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