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Filed: Country: Philippines
Timeline
Posted

Good day everyone.

I have been doing a lot of reading but I can't seem to find a guide on removing conditions alone due to abuse.

I have several questions, to raise.

First is, I don't have my income. I would like to remove my condition now while things are not that complicated.

-What form should I fill out for removing of conditions?

-What can I do to waive the payment?

-Do I need to remove now or wait for the 90 days?

-Or should I get divorce first in coherent with the eligibility of waiving the joint petition?

My evidence of the abuse are:

-3 police reports

-1 notarized statement from my mother in law's friend that she has been witnessing the abuse.

-A statement of me and my mother in law signed by the coroner stating that I have been abused and my husband is violent and suicidal so he needs a protective custody.

-A certification from the women shelter that I reside there for a night (before I flew here at my cousin's house) and it's stated their that I flee from domestic violence.

Do you think this is enough? Any suggestions?

Please help me.

Thank you so much.

Filed: Other Timeline
Posted

Please enter your nationality and timeline so that we have a better idea about the sequence of events.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Country: Philippines
Timeline
Posted

I have read this information from USCIS,

I-751 filed -Prior to termination of marriage

Does this mean, if I file the I-751 based from abuse, I should give them a response within 80 days about for a divorce decree??

Am I getting this right?

Or ...?

PLease help me understand this. Thank you.

Filed: Timeline
Posted
Good day everyone.

I have been doing a lot of reading but I can't seem to find a guide on removing conditions alone due to abuse.

I have several questions, to raise.

First is, I don't have my income. I would like to remove my condition now while things are not that complicated.

-What form should I fill out for removing of conditions?

-What can I do to waive the payment?

-Do I need to remove now or wait for the 90 days?

-Or should I get divorce first in coherent with the eligibility of waiving the joint petition?

My evidence of the abuse are:

-3 police reports

-1 notarized statement from my mother in law's friend that she has been witnessing the abuse.

-A statement of me and my mother in law signed by the coroner stating that I have been abused and my husband is violent and suicidal so he needs a protective custody.

-A certification from the women shelter that I reside there for a night (before I flew here at my cousin's house) and it's stated their that I flee from domestic violence.

Do you think this is enough? Any suggestions?

Please help me.

Thank you so much.

Fromadistance,

To fill out a waiver of the joint filing requirement due to domestic violence, fill out the form I-751 and check the box that says you were battered or subject to extreme cruelty from your spouse. I would suggest that you gather all evidence you have of the abuse and submit it with your package. In addition, in cases like yours, it helps immensely if you can write a declaration (ie, tell how you met, why you got married, what happened in your relationship, etc). If you decide to get a divorce before you file the I-751, make sure you check the "good faith marriage but ended in divorce." Once you meet any of the criteria for waiver of the joing filing requirement, you can file at any time - no need to wait until during the 90 days to file.

In addition, if you are having financial hardships paying the I-751 $500+ filing fee, I would write a letter to USCIS under the penalty of perjury that says something along the lines of "I am filing a waiver of the I-751 joint filing requirement and would like you to waive my filing fee. My monthly income is this, my expenses (ie, phone, rent, insurance, etc) are this much, I have property/dont have property, I have savings/don't have savings" (of course, you wouldn't write it in those exact words - it just gives you an idea). Include this waiver with your package.

Best of luck - let me know if I can be of any more help.

Filed: Country: Philippines
Timeline
Posted
Fromadistance,

To fill out a waiver of the joint filing requirement due to domestic violence, fill out the form I-751 and check the box that says you were battered or subject to extreme cruelty from your spouse. I would suggest that you gather all evidence you have of the abuse and submit it with your package. In addition, in cases like yours, it helps immensely if you can write a declaration (ie, tell how you met, why you got married, what happened in your relationship, etc). If you decide to get a divorce before you file the I-751, make sure you check the "good faith marriage but ended in divorce." Once you meet any of the criteria for waiver of the joing filing requirement, you can file at any time - no need to wait until during the 90 days to file.

In addition, if you are having financial hardships paying the I-751 $500+ filing fee, I would write a letter to USCIS under the penalty of perjury that says something along the lines of "I am filing a waiver of the I-751 joint filing requirement and would like you to waive my filing fee. My monthly income is this, my expenses (ie, phone, rent, insurance, etc) are this much, I have property/dont have property, I have savings/don't have savings" (of course, you wouldn't write it in those exact words - it just gives you an idea). Include this waiver with your package.

Best of luck - let me know if I can be of any more help.

Thank you very much!!!! This gives me a solid idea about my situation.

We are not yet in the divorce process, but I want to file it now while everything is still fresh. So I should still check the box that says ""good faith marriage but ended in divorce.""?

Should I notarize my personal statement?

Filed: Timeline
Posted
Thank you very much!!!! This gives me a solid idea about my situation.

We are not yet in the divorce process, but I want to file it now while everything is still fresh. So I should still check the box that says ""good faith marriage but ended in divorce.""?

Should I notarize my personal statement?

Hello Fromadistance,

I'm glad I could be of help to you. If you are not in the divorce process, you certainly will not have a divorce decree in hand to file for a waiver under the good faith marriage criteria. If you are not in dissolution proceedings, I wouldn't even bother checking it. Just check the extreme cruelty/battered box, and that should be enough.

As for the personal statement/declaration of the events that happened in your relationship - no need to get that notarized, since you are writing it under penalty of perjury. Before concluding the declaration, write "I, [your name], affirm, under penalty of perjury, that all of the foregoing statements are true and correct to the best of my knowledge." Then be sure to date and sign the declaration.

I would also suggest writing a cover letter with your package, so USCIS will be alerted to the fact that (1) You are requesting a waiver of the filing fee; and (2) You have a declaration. Makes things easier for them, I guess. Let me know if you need anything else.

-Hopefulend

Filed: Country: Philippines
Timeline
Posted
Hello Fromadistance,

I'm glad I could be of help to you. If you are not in the divorce process, you certainly will not have a divorce decree in hand to file for a waiver under the good faith marriage criteria. If you are not in dissolution proceedings, I wouldn't even bother checking it. Just check the extreme cruelty/battered box, and that should be enough.

As for the personal statement/declaration of the events that happened in your relationship - no need to get that notarized, since you are writing it under penalty of perjury. Before concluding the declaration, write "I, [your name], affirm, under penalty of perjury, that all of the foregoing statements are true and correct to the best of my knowledge." Then be sure to date and sign the declaration.

I would also suggest writing a cover letter with your package, so USCIS will be alerted to the fact that (1) You are requesting a waiver of the filing fee; and (2) You have a declaration. Makes things easier for them, I guess. Let me know if you need anything else.

-Hopefulend

Thank you so much hopefulend. I can say that you have broad knowledge in this type of matter, I am very thankful of your replies.

I sure will ask you more questions until I finally toss my petition in.. please do bare with me. thank you very much!!!

  • 2 years later...
Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Goodluck:-)

Adjusting from B2,married to my U.S army husband:-)

March 17-married in Las Vegas
June 11-AOS sent
June 13-touched
June 15-NOA1
June 26-Notice for Biometric
June 29-RFE notice(2011 tax)
July 09-Biometric 1:00 pm at Buena Park,CA
July 11-RFE sent
July 12-Notice I-30 transferred from CSC to NBC
July 16-Response Review
July 20-email saying I-30 transferred to USCIS office
Aug 07-recieved email for interview (Sept 10,2012)
Au9 09-interview letter in the mail at Santa Ana@10:30am
Aug 15-EAD card production
Aug 23-EAD card in hand
Sept 10-Interview Day-APPROVED ON THE SPOT..thank You God:-)
Nov 6-After info pass and Service request finally it updated to DECISION.....
Nov 9-Card Production
Nov 15-Green card in hand:-)

Filed: Timeline
Posted

Theres a form available for applying for a fee waiver- I-192

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4c30003cf147c210VgnVCM100000082ca60aRCRD&vgnextchannel=6ca66d26d17df110VgnVCM1000004718190aRCRD

rather then sending a written request, I would use the form. It also tells you what you need to send along with it as proof (prior tax returns etc) and what the income guidelines are.

(If you need your tax return transcripts you can get them online or at a walk in IRS taxpayer assistance center)

But I wouldnt worry too much about your previous income and if its above the poverty guidelines, because if you read the form theres plenty of space on it to explain your hardship and your current situation.

 
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