I751 timing

[tishtash 0]

Hello everyone,

I have a question about filing the i751. My conditional greencard will be expiring in June 2011. I recently discovered my husband was cheating and he decided to leave me, this was not a mutual decision but he has forced me to live in the basement and I can no longer deal with the emotional abuse and threats, forcing me to leave the home. In the state of Virginia where we live divorce law states that we must be separated for 6 months before I can file for divorce and I will not have a divorce decree until approxamitely two-four months after my conditional greencard expires. Would it be wise to turn in my i751 so late after my greencard expires? I am so scared and I can not afford a lawyer all advice is greatly appreciated. Thanks in advance guys!

Natasha

[Inky 1,111]

I don't know if you can apply after you have no status to apply from anymore.

Have you tried looking for free services with a church or womens help group or something? very often there are things in place to help people for free when they are in bad situations.

[tishtash 0]

In addition,

I have been doing some more research on the forum and I was wondering if anyone thinks it would be logical for me to file under the basis of abuse. Throughout the marriage my husband has hit me on several occasions. I have only called the police once because I needed an escort into our home after he threatened my life with a gun. He is verbally abusive towards me and is always cheating on me things got so bad that I threatened to kill myself, and once again cops had to be called into the situation. Would these two police reports help to support a case involving emotional/physical abuse?

[Brother Hesekiel 2,236]

- You get a divorce going ASAP.

- You mail your I-751 about 9 days before your GC expires. You absolutely cannot submit it late.

- You do not do VAWA for this very reason: you will have to prove that you entered the marriage in good faith. When going the VAWA route, you will have to prove the abuse in addition to this, and it won't get you bonus points.

Sorry for the shorty; I'm on a netbook and typing on it is quite a challenge.

[Ojay 1]

In addition,

I have been doing some more research on the forum and I was wondering if anyone thinks it would be logical for me to file under the basis of abuse. Throughout the marriage my husband has hit me on several occasions. I have only called the police once because I needed an escort into our home after he threatened my life with a gun. He is verbally abusive towards me and is always cheating on me things got so bad that I threatened to kill myself, and once again cops had to be called into the situation. Would these two police reports help to support a case involving emotional/physical abuse?

Oh dear! It's tough. I just filed mine. My GC is also due to expire in June 11. Fortunately and equally unfortunately, I had been married for a yr and 5 months but living in the states for 5 months only when things went sour. I say fortunately because it was all fresh, I was the bread winner so in terms of carrying on in life, it was easier to deal with. Also unfortunately, such a short lived marriage is hard to prove. And in my case my ex hid his bad credit from me and maintained such continuity with his parents home - so we didn't merge finances and all his mail was still going to his parents home as we just moved. That said, I filed under extreme cruelty and battery. It's all about the proof you have.

You'll need your police reports. Was he arrested? Did you go to court? - you will need all of that. Have you seen a counsellor? Did you go to any shelter, use any advocates, see your priest, go to hospital, any witnesses? All statements and records will help.

Good faith marriage? - photos are not primary but expected and a good way not to get establish trust. You live together - do you have joint accounts, joint insurance, leases or mortgages, travel, wedding photos, counselling records etc?

If you do, I think you can, in any case get a separation agreement signed and confirm that you can not file for a divorce within the 6 months. I think it is that you won't get a court date or your decree won't be issued before the 6th month. Speak with an advocate (Doorways is pretty good). They will advice you on next steps. Good luck!

[tishtash 0]

I have no problem showing that urease good faith marriage I have photos, affidavits, car insurance policy, auto loan, lease, will, power of attorney and I am an authorized user on all the bills I am mainly worried about when I should send the i751 and under what circumstances... I will be going into a shelter because things are getting out of control. J spoke to some lawyers and I'm getting mixed messages, some say that I can file late once I get the divorce others say to fill it out on time with some kind of explanation attached. If anyone has experience or advice in the matter thanks in advance for any and all help.

[tishtash 0]

- You get a divorce going ASAP.

- You mail your I-751 about 9 days before your GC expires. You absolutely cannot submit it late.

- You do not do VAWA for this very reason: you will have to prove that you entered the marriage in good faith. When going the VAWA route, you will have to prove the abuse in addition to this, and it won't get you bonus points.

Sorry for the shorty; I'm on a netbook and typing on it is quite a challenge.

Thank you for the response JustBob, do you know if once I send the application they send the noa/1 year ext. First or will they send an rfe first?

[Inky 1,111]

I would send it with explanation attached before expiration, It would be too worry-some to apply after it was already expired and trying to deal with that can of worms.

[Ojay 1]

I have no problem showing that urease good faith marriage I have photos, affidavits, car insurance policy, auto loan, lease, will, power of attorney and I am an authorized user on all the bills I am mainly worried about when I should send the i751 and under what circumstances... I will be going into a shelter because things are getting out of control. J spoke to some lawyers and I'm getting mixed messages, some say that I can file late once I get the divorce others say to fill it out on time with some kind of explanation attached. If anyone has experience or advice in the matter thanks in advance for any and all help.

Someone will hopefully back me up on this. What I was saying is if you can establish the battery and/or extreme cruelty, you are allowed to file without a divorce.

"... You may apply for a waiver of this joint filing requirement if: ... 3)You entered the marriage in good faith and have remained married, but you have been battered..." See I751 Instructions.