What should I do and when?

[ARIANNA 0]

I am an immigrant in conditionary status. My soon to be EX beat me up and now we are in the middle of a divorce and an ugly custody battle.

I have proof of me entering the marriage in good faith and him being the one that failed.

So I think... If I read correctly, that I need to file an I-751 once I get the divorce decree and before my temporary visa expires. Correct?

Now, what can I include with the form to prove I did get married in good faith?

We had a daughter born in Mexico and lived there for 5 years together, our union didn't fall apart until we got here, that's when he beat me up.

Can I submit the photos of the bruises as proof?

What about the restraining order granted by the judge?

I just need prove I was not the one at fault.

Has anyone been through this and can you give any advice on how to file this correctly?

Thank you

[Darnell 8,478]

you'll need to submit evidence of a 'bonafide marriage' -

and it's 'just that' - evidence that the marriage was bonafide.

This could be records of utility bills, lease agreements, car titles, insurance paperwork,

basically all of the 'evidence' that one NORMALLY submits for the Removal of Conditions casetype.

Now, if you are doing anything with VAWA, that's different, that's a different set of evidence, and is focused on the abuse.

[ARIANNA 0]

you'll need to submit evidence of a 'bonafide marriage' -

and it's 'just that' - evidence that the marriage was bonafide.

This could be records of utility bills, lease agreements, car titles, insurance paperwork,

basically all of the 'evidence' that one NORMALLY submits for the Removal of Conditions casetype.

Now, if you are doing anything with VAWA, that's different, that's a different set of evidence, and is focused on the abuse.

When I left him I managed only to take my personal belonging and my daughters, I left all those papers with him.

What is VAWA?

[w8inglongtime 29]

When I left him I managed only to take my personal belonging and my daughters, I left all those papers with him.

What is VAWA?

VAWA means Violence Against Women Act. If you absolutely have no paper work/bills financial comingling, then you may have some difficulty lifting your conditions. Now if you have any proof/records of the violence metted out to you, you can go the VAWA way and that won't need the evidence of comingling. Good luck. Is your child from this marriage?

[ARIANNA 0]

VAWA means Violence Against Women Act. If you absolutely have no paper work/bills financial comingling, then you may have some difficulty lifting your conditions. Now if you have any proof/records of the violence metted out to you, you can go the VAWA way and that won't need the evidence of comingling. Good luck. Is your child from this marriage?

I have photographs of the bruises he gave me and I have a TPO against him for a year granted by a judge where I have custody of the child. I have pictures of us living in Mexico for 2 years with our daughter. She was born in Mexico, and we moved here when she was 2. I might only be able to get a copy of the car insurance that had both our names, other than that I have nothing else. Yes she is from him.

How do I go about the VAWA way?

I keep reading about this waiver based on abuse but I cannot find a link to it. Is it a form? Can anyone post the link to it, please?

Thank you

[mari&Ryan 93]

I have photographs of the bruises he gave me and I have a TPO against him for a year granted by a judge where I have custody of the child. I have pictures of us living in Mexico for 2 years with our daughter. She was born in Mexico, and we moved here when she was 2. I might only be able to get a copy of the car insurance that had both our names, other than that I have nothing else. Yes she is from him.

How do I go about the VAWA way?

I keep reading about this waiver based on abuse but I cannot find a link to it. Is it a form? Can anyone post the link to it, please?

Thank you

Hello,

Sorry for you are going through. This is the link from USCIS web site about VAWA:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

Also this is the link for the VAWA thread here in VJ with people filing in the same situation than you:

http://www.visajourney.com/forums/topic/176285-vawa/

Hope this helps. Good luck.

Edited September 22, 2010 by mari&Ryan

[ARIANNA 0]

Hello,

Sorry for you are going through. This is the link from USCIS web site about VAWA:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

Also this is the link for the VAWA thread here in VJ with people filing in the same situation than you:

http://www.visajourney.com/forums/topic/176285-vawa/

Hope this helps. Good luck.

Thank you!

So, if I understand correctly... If I file with VAWA then I am given a chance to stay if approved but I'd have to get a work permit? Can I apply for permanent resident after that?

[Krikit 1,164]

Moving from Removing Conditions to Effects of Major Changes.

[JimVaPhuong 4,863]

VAWA means Violence Against Women Act. If you absolutely have no paper work/bills financial comingling, then you may have some difficulty lifting your conditions. Now if you have any proof/records of the violence metted out to you, you can go the VAWA way and that won't need the evidence of comingling. Good luck. Is your child from this marriage?

Whoops!

Sorry, this isn't correct. Self-petitioning to remove conditions requires proof the marriage was entered into in good faith, whether the basis for self-petitioning is VAWA or divorce. The only exception is self-petitioning based on extreme hardship.

To be honest, self-petitioning based on divorce is easier than self-petitioning based on abuse. Both require the proof of good faith marriage, but the divorce waiver only requires a divorce decree, whereas the abuse waiver requires proof of the abuse.

Arianna, you've been together for a long time. Any evidence you can get, especially from the early years of your relationship, will be useful. Photos, sworn affidavits from family and friends, etc. Since you lived together in Mexico for years they're a lot less likely to suspect you married him for a green card. Good luck!

Edited September 23, 2010 by JimVaPhuong

[ARIANNA 0]

Whoops!

Sorry, this isn't correct. Self-petitioning to remove conditions requires proof the marriage was entered into in good faith, whether the basis for self-petitioning is VAWA or divorce. The only exception is self-petitioning based on extreme hardship.

To be honest, self-petitioning based on divorce is easier than self-petitioning based on abuse. Both require the proof of good faith marriage, but the divorce waiver only requires a divorce decree, whereas the abuse waiver requires proof of the abuse.

Arianna, you've been together for a long time. Any evidence you can get, especially from the early years of your relationship, will be useful. Photos, sworn affidavits from family and friends, etc. Since you lived together in Mexico for years they're a lot less likely to suspect you married him for a green card. Good luck!

Yes, I never intended to move up here, it was his decision. But now that I'm here I don't want to leave.

All I have are photos of us together and maybe a letter he wrote me when we first started dateing and I think it does have a date on it. I have all my papers and my daughters too.

When I had asked for the divorce when we were still living together he stole all those papers, all my immigration papers and my passport and my daughters birth certificates and her passport. He said he wouldn´t give them back. So when I had the police escort me to get my things out of the house he admited they were under the stove. He had told me that he had thrown them in the dumpster. Ugh... He really put me through hell.

And now he insists that he is going to get me deported and take the child from me. I'm scared.

[JimVaPhuong 4,863]

Yes, I never intended to move up here, it was his decision. But now that I'm here I don't want to leave.

All I have are photos of us together and maybe a letter he wrote me when we first started dateing and I think it does have a date on it. I have all my papers and my daughters too.

When I had asked for the divorce when we were still living together he stole all those papers, all my immigration papers and my passport and my daughters birth certificates and her passport. He said he wouldn´t give them back. So when I had the police escort me to get my things out of the house he admited they were under the stove. He had told me that he had thrown them in the dumpster. Ugh... He really put me through hell.

And now he insists that he is going to get me deported and take the child from me. I'm scared.

He can't "get you deported". At this point, only an immigration judge can do that. There are, unfortunately, many ignorant American citizens who think that because they are instrumental in helping someone immigrate to the US that they can also be instrumental in making them leave; e.g., "I'll get you deported!". It ain't true. Your future immigration status is now between you and USCIS. Your soon-to-be ex-husband has nothing whatever to say about it.

Were you renting an apartment together? Can you get a letter from your landlord? Was your name added to any of the bills - gas, electricity, whatever? If so, you can probably get copies of those bills from the utility company. Did you have a joint bank account? You can get copies of the statements from the bank. Also, any evidence you can get of your relationship before the marriage, going as far back as possible. The best evidence comes from unbiased third parties - landlords, utility companies, banks, or people who knew you as a married couple but are not relatives or close friends. Sworn affidavits from family and friends are also good, but they don't carry as much weight with USCIS.

You have time now, while the divorce is pending, to collect your evidence. Once the divorce is final, send your evidence and a copy of your divorce decree with your I-751. This isn't too difficult. Most people are approved. The people who most often fail are the ones who have a suspicious timeline - start of the relationship is followed quickly with the start of the immigration process - receipt of the conditional green card is followed quickly with the start of the divorce process. You had a long relationship before immigrating. I doubt this is going to 'smell' like immigration fraud to USCIS.

Good luck!

[Darnell 8,478]

ya, if you two were leasing an apartment, then there's a lease document.

if both of yer names were on the lease document - hey - even better.

USUALLY, a COPY of the lease with signatures can be had from the leasing agent, best to inquire via phone with a follow up postal letter.

So, as a bit of 'something to do', you should try for a copy of the lease document.

Edited September 23, 2010 by Darnell

[leahandlucas 15]

Go to your bank, get statements of joint account if you had one together, lease if you had a contract together, things like that...good luck!

[ARIANNA 0]

Thank you all for responding.

I was on the lease agreement, the problem is that he works for the apartment complex I used to live in with him, and they are not honest people and favor him. I am afraid to go there and ask. He works and lives there.

We did have a gas bill together, completely forgot to take my name off it. I hope he hasn´t run my name to the ground with it.

And we had the car insurance together, I'm pretty sure I can get a copy of that one.

We had no bank accounts together, he never let me know how much money he had or didn´t have or what he spent it on.

Thank you all again, i am going to try and collect as much evidence as possible. Bless you all for your help.

Edited September 24, 2010 by ARIANNA