Case Denied

[Junction 0]

I really hope I can get through this without crying. My fiance came here on a K1 4 years ago. After he and his girlfriend got married she emotionally and mentally abused him and his children. After several months, he sent his children back to his country. The abuse continued until one day she put him out of their home. We met about a month later. Six months after he was put out, he moved in with me and we have been together ever since (3 years). We filed his 751 requesting a waiver for battery/extreme cruelty. He had his interview last month and received a notice today that it was denied. It stated he did not prove he was subjected to battery/extreme cruelty. He submitted an affidavit from 2 witnesses of the abuse, police reports and a statement explaining everything that happened. He was honest with the officer in telling her that we met one month after he was put out, but she did not believe him. We both believe that she thinks he was cheating on his wife which is why she put him out. She even asked him that. Just to clarify, I did not even know him while he and his wife were together. We planned on getting married and now it looks as though we will need to do that sooner in order for him to have any chance of staying here. We did seek an attorney and have an appt with him on Monday. Does anyone have any experience with this? I'd like to know if there is any hope for us. Thank you.

[Tero 105]

Sorry about your ordeal. While reading through your post, I was thinking about suggesting an attorney, but I saw you've gotten that covered already. I hope your attorney turns your case around for the better. Good luck.

[Deputy Purple 1,294]

Please confirm a few things:

He received a 3 year greencard based on his marriage to the original Finacee.

He is divorced from the original woman.

The bar is higher to prove abuse for removal of conditions than it is if you're just requesting the Divorce Waiver, why did he choose the more difficult path?

[Junction 0]

Please confirm a few things:

He received a 3 year greencard based on his marriage to the original Finacee.

He is divorced from the original woman.

The bar is higher to prove abuse for removal of conditions than it is if you're just requesting the Divorce Waiver, why did he choose the more difficult path?

He is not divorced from her yet. He was afraid to file for divorce since you can't be in proceedings when you file the I-751. Papers have been drawn up and lawyer is mailing them to her on Tuesday. I think she will sign. Takes 31 days from the date of her signature to receive final decree. We would marry then. The abuse waiver didn't seem like it would be difficult, because it is the truth and he provided proof. Apparently he was not abused enough.

This forum is not for this type of comments. She is seeking help. Either you help, or shut up, none should judge.

Thank you.

[Brad and Vika 129]

It is a violation of the VJ TOS to: Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

I have removed a post that clearly violates this rule, and all posts that quoted it. Thanks to all the members who reported it.

[Mavisgrind 1]

Seems to me that your boyfriend has a couple of problems. The first is the time frame. He was supposed to send the I-751 in during the 90 day window prior to the two year anniversary of his receiving the original conditional green card. Having failed to do so, it seems to me that he would be considered to have abandoned his case and is now two years out of status. That is irrespective of him living with you or not. The second problem is that since he was living with you while still married to his first wife and even before his conditional residency had expired it looks very suspicious to the government as to what his original intentions were. I'm not commenting on the veracity of them, just how it would look to the person adjudicating the case.

I know of another case where a woman from my wife's home country was married to a very cruel man. She divorced him after filing the original AOS. After that, she met a very kind man and rather than filing an I751 and citing divorce for cruelty, she filed another I485 package. Even though she was being honest and thought that she was doing the right thing, her AOS was denied. It is seven years now, many thousand of dollars in lawyers fees, and she is still fighting it.

I hope things work out better for you.

Cheers!

[Junction 0]

Seems to me that your boyfriend has a couple of problems. The first is the time frame. He was supposed to send the I-751 in during the 90 day window prior to the two year anniversary of his receiving the original conditional green card. Having failed to do so, it seems to me that he would be considered to have abandoned his case and is now two years out of status. That is irrespective of him living with you or not. The second problem is that since he was living with you while still married to his first wife and even before his conditional residency had expired it looks very suspicious to the government as to what his original intentions were. I'm not commenting on the veracity of them, just how it would look to the person adjudicating the case.

I know of another case where a woman from my wife's home country was married to a very cruel man. She divorced him after filing the original AOS. After that, she met a very kind man and rather than filing an I751 and citing divorce for cruelty, she filed another I485 package. Even though she was being honest and thought that she was doing the right thing, her AOS was denied. It is seven years now, many thousand of dollars in lawyers fees, and she is still fighting it.

I hope things work out better for you.

Cheers!

Thanks for the comments. Just to clarify, he did file his i-751 90 days prior to his 2nd anniversary.

[Junction 0]

Also, does a justice of the peace marriage seem suspicious to uscis? We really don't have the time or money to plan a regular wedding with all of the work we have ahead of us.

[w8inglongtime 29]

Thanks for the comments. Just to clarify, he did file his i-751 90 days prior to his 2nd anniversary.

We filed his 751 requesting a waiver for battery/extreme cruelty.

I'm a bit confused. Did he file it with you or he did it alone before you met. You've said He/We filed. did he file his 1-751 as divorced? If not, as far as the government is concerned, he's still married to his wife and if an IO sees that he's been living with you instead of his wife for the past 3 years, I can see where the IO might be a bit hesitant to approve the case. I'ts a good thing you've taken the initiative to get an attorney. It still seems like a salvageable case with a competent attorney. Good luck

Edited February 5, 2011 by w8inglongtime

[Inky 1,110]

Also, does a justice of the peace marriage seem suspicious to uscis? We really don't have the time or money to plan a regular wedding with all of the work we have ahead of us.

I think in general a JP marriage is a very common thing for USCIS to see. Many people on K-1 entrys do a JP wedding and then have a larger cerimony later on with family.

The issue would be what all happened before your marriage, the divorce and the really quick marriage then filing to hold status in the US, that is what they would look at more so than just the JP wedding.

[coraliesolms 47]

Also, does a justice of the peace marriage seem suspicious to uscis? We really don't have the time or money to plan a regular wedding with all of the work we have ahead of us.

No, in fact a lot of immigrants or intending immigrants simply go in front of a JP, since there is so much cost and paperwork involved. Usually once the pending immigration is settled, then a ceremony or reception is held to commemorate the marriage. All the USCIS cares about is that your are legally married.

I am sorry for your and your boyfriends ordeal. I hope that with the right kind of help your case will be settled soon.

[Junction 0]

We filed his 751 requesting a waiver for battery/extreme cruelty.

I'm a bit confused. Did he file it with you or he did it alone before you met. You've said He/We filed. did he file his 1-751 as divorced? If not, as far as the government is concerned, he's still married to his wife and if an IO sees that he's been living with you instead of his wife for the past 3 years, I can see where the IO might be a bit hesitant to approve the case. I'ts a good thing you've taken the initiative to get an attorney. It still seems like a salvageable case with a competent attorney. Good luck

Thanks for the reply. I'm sorry I keep saying he/we. Everything is he. Since we are not legally married(yet), all of the paperwork thus far has been filed independently. Yes, his wife put him out after she abused him mentally, emotionally and financially. He moved in with his cousin. About a month later i met him. We became friends and soon after started dating. He was very honest with me about his situation the entire time. We fell in love and i asked him to move to GA from FL (I live in GA and he lived in FL). He did, and we've been living together happily ever since (3 years). He filed his i751 on time with the extreme cruelty waiver. He could not file with the divorce waiver because he is still not divorced. he was afraid to file for divorce because he was told he could not be in proceedings when he filed his i751, so he waited, filed the i751 and is now ready to file for divorce and we plan to marry. I hope that clarifies everything. I think an option may be to file another i751 using the divorce waiver after the divorce is final. It's my understanding that the IJ will not order deportation if another i751 is pending? I don't know if that's true? He was also considering i-360, but if they said he didn't have enough evidence on the i-751, then the i-360 may have the same outcome.

Thanks so much to everyone that has posted a reply. Two heads are always better than one.

[MikeandJaq 0]

Opps its look like familiar this story to me sorry lemme ask something this lady from ethopia?

I really hope I can get through this without crying. My fiance came here on a K1 4 years ago. After he and his girlfriend got married she emotionally and mentally abused him and his children. After several months, he sent his children back to his country. The abuse continued until one day she put him out of their home. We met about a month later. Six months after he was put out, he moved in with me and we have been together ever since (3 years). We filed his 751 requesting a waiver for battery/extreme cruelty. He had his interview last month and received a notice today that it was denied. It stated he did not prove he was subjected to battery/extreme cruelty. He submitted an affidavit from 2 witnesses of the abuse, police reports and a statement explaining everything that happened. He was honest with the officer in telling her that we met one month after he was put out, but she did not believe him. We both believe that she thinks he was cheating on his wife which is why she put him out. She even asked him that. Just to clarify, I did not even know him while he and his wife were together. We planned on getting married and now it looks as though we will need to do that sooner in order for him to have any chance of staying here. We did seek an attorney and have an appt with him on Monday. Does anyone have any experience with this? I'd like to know if there is any hope for us. Thank you.

[tanyaru 3]

Thanks for the reply. I'm sorry I keep saying he/we. Everything is he. Since we are not legally married(yet), all of the paperwork thus far has been filed independently. Yes, his wife put him out after she abused him mentally, emotionally and financially. He moved in with his cousin. About a month later i met him. We became friends and soon after started dating. He was very honest with me about his situation the entire time. We fell in love and i asked him to move to GA from FL (I live in GA and he lived in FL). He did, and we've been living together happily ever since (3 years). He filed his i751 on time with the extreme cruelty waiver. He could not file with the divorce waiver because he is still not divorced. he was afraid to file for divorce because he was told he could not be in proceedings when he filed his i751, so he waited, filed the i751 and is now ready to file for divorce and we plan to marry. I hope that clarifies everything. I think an option may be to file another i751 using the divorce waiver after the divorce is final. It's my understanding that the IJ will not order deportation if another i751 is pending? I don't know if that's true? He was also considering i-360, but if they said he didn't have enough evidence on the i-751, then the i-360 may have the same outcome.

Thanks so much to everyone that has posted a reply. Two heads are always better than one.

Do you know when he received his first GC? Divorced or not the actual relationship with his wife fell apart too fast and thats what immigration cares for. Talk to a GOOD lawyer. This case may have more complications if you marry and try to adjust together since he came on K1 and can only file for immigration benefits with the original petitioner. God bless.

Edited February 5, 2011 by tanyaru

[w8inglongtime 29]

Opps its look like familiar this story to me sorry lemme ask something this lady from ethopia?

HUH? You're asking if the OP is from Ethiopia? Why is that relevant in this case?