Complicated I-751 application advice needed

[WannastayUSA 0]

I was married to an American man and the marriage fell apart and I had to call the police on him for a domestic assault

I filed based on this constant abuse - he had problems with alcohol and was bad to me

Now he has gotten clean and we decided to give it another try - I filed a non prosecution affidavit so he would not go to jail and charges were dropped

Now I'm worried they are going to deny my application - how should I proceed?

I want to be honest with them so I have written a letter explaining the situation and that I would like them to consider my application based on my marriage - I have not sent this yet as I need your advice first

What should I do - I have just filed recently

[Drogs 24]

You said was married? are you divorced from him? and i am right in thinking you filed a waiver for cruelty?

Edited August 12, 2011 by Drogs

[MsZ 6]

Seems like you are still married.

Since you are reconciling, I would think that you WOULD have to change your filing. You are married and want to continue to be married to him. Maybe you should request an Infopass and get advice from them. It makes total sense that you would want to be honest with them. I think they will appreciate the honesty.

Here's what I would do if I were to not seek advice from USCIS :

I would gather all of the evidence that you need to support an application based on a good faith marriage..

I would include a copy of the affidavit and get anything you can from the police to support that you actually filed but that you have now chosen to remain married.

I would also get any information to support the fact that your husband has cleaned up his act -- affidavit from someone in his AA group or his rehab or however he managed to do it.

I would fill out a new application.

I would send the above with the letter you have written explaining the circumstances.

And I would hope that they would simply replace the old application with the new.

[Brother Hesekiel 2,236]

If you were married as you stated, that means you got a divorce. In this case he will have to file the I-751 with a waiver and proof that he entered the marriage in good faith. Whether or not you marry him again doesn't have much impact at this point in time. Even if they deny your husband's I-751, you could file a completely new petition for him and start from scratch.