Waiver for I-751

[DaleGlobo 0]

Married in 2008, now not living together. In december my conditional residency expires. I filed for divorce but the decree will not done before that.

Questions.

My wife was violent... I have police reports.

1) I only have 2 police reports... Can I file I-751 as "Abuse Spouse"

2) Should I file for I-751 as Extreme Hardship?

Please,give some advise if you have one.

Thanks to all

[Brother Hesekiel 2,236]

No and no.

For the I-751 to be approved, you will have to prove that you ENTERED the marriage in good faith. If you claim abuse, you have to prove that in ADDITION to that. Why would you? The hardship waiver is extremely hard to get. I don't know your personal situation but I venture to guess that you don't qualify unless you can prove that you will be arrested and executed the moment you set foot in your home country.

[DaleGlobo 0]

No and no.

For the I-751 to be approved, you will have to prove that you ENTERED the marriage in good faith. If you claim abuse, you have to prove that in ADDITION to that. Why would you? The hardship waiver is extremely hard to get. I don't know your personal situation but I venture to guess that you don't qualify unless you can prove that you will be arrested and executed the moment you set foot in your home country.

I have proof of a good faith marriage... I only have 2 police reports for abuse... that's all. I already file for divorce but the time I have the decree my GC will be expired.

In the mean time, how should I file the I-751. Hardship or abuse... becuase to waive for Marriage in good faith I need the divorce decree... do I think I file now for Hardship once I get my divorce decree I re-file "ENTERED the marriage in good faith".

Thanks.

[Brother Hesekiel 2,236]

Globo,

this morning, when answering your question, I was on my netbook, an typing on it is like pulling teeth with a coat hanger.

Here's the way this is going to work for you:

If your Green Card expires in December, you will send your singularly filed I-751 about 9 days before it expires. Use USPS Express Mail for it. About 10 days later you will have your NOA1, which extends your card's expiration date by 1 year.

Another few weeks into the game they will notice that you did not enclose a divorce decree. They will send you an RFE for it. Usually you have just under 90 days to respond. By the time it's due we'll have March 2011.

If you are still not divorced by then, USCIS will start deportation proceedings against you. That's totally automatic, done by brainless drones. Since it takes the decision of an immigration judge to terminate residency of a Green Card holder residing in the US, you'll get a day in court. And it's April already.

If you are not divorced by April, you will hire a lawyer to represent you in court. That lawyer will ask the judge to put deportation proceedings on halt until your divorce is final and you can respond to the RFE. That is usually granted, unless you are a really bad boy.

Once divorced, your attorney sends the divorce decree to USCIS who then will finally adjudicate your I-751. If you can prove that you entered the marriage in good faith, your ROC petition should be approved.

P.S.

I think it's okay to provide a good cover letter, explaining your situation. Make sure you are not emotional, but clearly state what's going on.

Edited October 16, 2010 by Just Bob

[Zen Den 18]

Married in 2008, now not living together. In december my conditional residency expires. I filed for divorce but the decree will not done before that.

Questions.

My wife was violent... I have police reports.

1) I only have 2 police reports... Can I file I-751 as "Abuse Spouse"

2) Should I file for I-751 as Extreme Hardship?

Please,give some advise if you have one.

Thanks to all

so you're up for removal of onditions....you should file w/in 90 days before your gc expires. yes you certainly can file alone, with your evidences:

read on it here http://www.visajourney.com/content/family-status-immigration-b

Q: What if the petitioner/spouse refuses to file the adjustment of status application?

A: Typically, the marriage-based petition requires that the parties be in a viable marriage. But if the spouse (either an US citizen or LPR) refuses to file the adjustment of status application or withdraws the application prior to its adjudication, provided the alien meets the eligibility requirements, he or she can self-petition as an abused spouse under provisions of VAWA, without the help of the spouse. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. A consultation with an immigration attorney is strongly advised. (More on abuse later in the FAQs)

[VanessaTony 3,567]

Q: What if the petitioner/spouse refuses to file the adjustment of status application?

A: Typically, the marriage-based petition requires that the parties be in a viable marriage. But if the spouse (either an US citizen or LPR) refuses to file the adjustment of status application or withdraws the application prior to its adjudication, provided the alien meets the eligibility requirements, he or she can self-petition as an abused spouse under provisions of VAWA, without the help of the spouse. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. A consultation with an immigration attorney is strongly advised. (More on abuse later in the FAQs)

The OP is applying for ROC, which means they already HAVE their greencard. ROC is NOT Adjustment of Status. VAWA does not apply here. Completely different process.

[DaleGlobo 0]

Globo,

this morning, when answering your question, I was on my netbook, an typing on it is like pulling teeth with a coat hanger.

Here's the way this is going to work for you:

If your Green Card expires in December, you will send your singularly filed I-751 about 9 days before it expires. Use USPS Express Mail for it. About 10 days later you will have your NOA1, which extends your card's expiration date by 1 year.

Another few weeks into the game they will notice that you did not enclose a divorce decree. They will send you an RFE for it. Usually you have just under 90 days to respond. By the time it's due we'll have March 2011.

If you are still not divorced by then, USCIS will start deportation proceedings against you. That's totally automatic, done by brainless drones. Since it takes the decision of an immigration judge to terminate residency of a Green Card holder residing in the US, you'll get a day in court. And it's April already.

If you are not divorced by April, you will hire a lawyer to represent you in court. That lawyer will ask the judge to put deportation proceedings on halt until your divorce is final and you can respond to the RFE. That is usually granted, unless you are a really bad boy.

Once divorced, your attorney sends the divorce decree to USCIS who then will finally adjudicate your I-751. If you can prove that you entered the marriage in good faith, your ROC petition should be approved.

P.S.

I think it's okay to provide a good cover letter, explaining your situation. Make sure you are not emotional, but clearly state what's going on.

Hello, thank for your detail explanation.... I have a few more questions... d

How should I send the I-751? "Entered the marriage in Bona Fide", Extreme Hardship or Batered Spouse?

I did start my divorce and I only have the papers from the court house where has only a case number... but for sure the divorce will be by January. the GC will be expired.

So the question is.. I File the I-751 lonely with all the proof of a BonaFide Marriage.. even If i don't have the divorce yet.... correct?

Thanks again.

[Darren&Laura 3]

I apologize to the OP as I don't have any good advice myself, (I wish I could help but I don't know the intricacies of the system), although I wish you the very best of luck in resolving your current dilemma and am sorrowful your new life and marriage didn't work out as intended.

I simply had to respond to the post below though and say that this post epitomizes everything that is fantastic about VJ --- excellent advice, objectively put with no agenda other than helping a fellow person. Brilliant - and kudos to you. Advice like this is priceless when it is correct and informed.

Globo,

this morning, when answering your question, I was on my netbook, an typing on it is like pulling teeth with a coat hanger.

Here's the way this is going to work for you:

If your Green Card expires in December, you will send your singularly filed I-751 about 9 days before it expires. Use USPS Express Mail for it. About 10 days later you will have your NOA1, which extends your card's expiration date by 1 year.

Another few weeks into the game they will notice that you did not enclose a divorce decree. They will send you an RFE for it. Usually you have just under 90 days to respond. By the time it's due we'll have March 2011.

If you are still not divorced by then, USCIS will start deportation proceedings against you. That's totally automatic, done by brainless drones. Since it takes the decision of an immigration judge to terminate residency of a Green Card holder residing in the US, you'll get a day in court. And it's April already.

If you are not divorced by April, you will hire a lawyer to represent you in court. That lawyer will ask the judge to put deportation proceedings on halt until your divorce is final and you can respond to the RFE. That is usually granted, unless you are a really bad boy.

Once divorced, your attorney sends the divorce decree to USCIS who then will finally adjudicate your I-751. If you can prove that you entered the marriage in good faith, your ROC petition should be approved.

P.S.

I think it's okay to provide a good cover letter, explaining your situation. Make sure you are not emotional, but clearly state what's going on.