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Posted

I am in a curious situation now. I came to the US 5 years ago for a few months, met a guy and started relationship. 2 years later we both got into a PhD program, moved in together, and a year later got married. And 6 months after that I did not recognize my husband. I struggled for little less than a year, went to therapy and so on... no luck. I ended up getting kicked out of school, but then I got a good job, moved out and started a divorce. I went to the police and talked to the lawyer, but I don't have enough evidence to charge him with rape, abuse and animal cruelty, even though it all happened. I was stupid enough and in love enough to not recognize it and hope for a change. Oh well.

That's the background.

What's up now:

According to my lawyer, I will be divorced by the end of the Summer.

My CGC expires December 6, 1012.

I will technically be married for 2 years at the end of June, but separated since last May.

I started splitting our lives half a year ago, as soon as I moved out, obviously.

Proofs I got (NEW means we did not submit it for AOS):

A title for his car, both names (NEW)

A loan for a car we bought after the wedding

Statements from joint checking and savings accounts in the credit union (NEW)

Statement from an old joint checking account

Lease and lease amendment from an old place, showing that I removed my name from it.

Electricity bill under both names

Car insurance under both names

Probably a tax return filed jointly. Or at least a proof from IRS that it was filed jointly, if I don't have a copy. He has a copy, but won't give it to me, of course. (NEW)

A purchase statement for the dog, both names

Pictures of us since 2007

Frequent flyer statement showing my trips to the US over the years, no tickets.

Police reports from the old place: when he threatened to commit suicide, when I filed for abuse, when they went to talk to him about it (he admits he was rude to me and did bad stuff, doesn't admit abuse), and that I went in the old apartment with an officer to get my stuff. (NEW)

Summary of my treatment from the counseling center, stating that my original goal was to save the family, and that I worked on it and that my husband was controlling and unreasonable and was mistreating me and that I was getting all my emotional needs met by friends, not family. NEW

Medical records for depression medication related to the above matter.NEW

Affidavits from our mutual friends that they knew us as a couple and our marriage was real, and I struggled for a while but couldn't save it. NEW

I can submit a CD with a few records: him screaming at me, trying to make me do unsafe stuff while he is driving and calls me names; another one when he starts talking OK, and then all of a sudden flips out and trows my plate with dinner on the floor and screams. NEW

I think that's a lot of proofs that the marriage was real and that I tried to work it out, but he was crazy. I wish I could submit pics of his place after I left and his prescriptions for antidepressants and so on, but I guess the officers don't care. He also removed my name from our family cell phone plan so I won't get reimbursed when the company closed wireless branch, and I can't even get a copy of the contract now:(

Anyway, questions:

1)Do you think these proofs are good enough? I know, I know, you can't guess an outcome, but what's your personal opinion?

2)What exactly does a lawyer do when you hire one to file I-751?

3)Do you think I need one in my case?

The lawyer is asking for $1000 to file, and the form is 3 pages long and very easy. If lawyers generally just fill it out for you and tells you "submit statements, property, taxes and contracts",I can do it myself. If there is something else to it, I'd consider hiring. We didn't hire one for AOS, but my ex loves paperwork, he took care of the package. Is a lawyer allowed to come to the interview with me, if I must have one?

Thanks! and sorry for many letters, it's an unusual case, you see :)

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)

2. fill out the forms. asks you to review for completeness and accuracy (maybe). writes letters of attestation which you then sign (if you need those letters). IMO, that's about it.

re: lawyer allowed in to the building if you have an interview. Absolutely. Most charge 'per hour' for this.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Posted

2. fill out the forms. asks you to review for completeness and accuracy (maybe). writes letters of attestation which you then sign (if you need those letters). IMO, that's about it.

re: lawyer allowed in to the building if you have an interview. Absolutely. Most charge 'per hour' for this.

sooo.... the lawyer does nothing special for filing, really?:) And why would I want one for the interview? I can't discuss my answer with the lawyer anyway, so it's like... support?

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Finalize the divorce and then file for ROC. Submit evidence of bona fide relationship while living as married couple. Leave out the drama, you don't need to justify the divorce. No electronic media is accepted.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Finalize the divorce and then file for ROC. Submit evidence of bona fide relationship while living as married couple. Leave out the drama, you don't need to justify the divorce. No electronic media is accepted.

Thank you.

Good to know about drama and media.

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Posted

Exactly, unless she's going for VAWA.

First of all, thanks to both of you, but I know very well that I need to wait for my divorce to go through.

I am not going to file for abuse again, since the first try was denied by the police.

My questions mostly are

What does a lawyer do for these filing I-751?

Is the evidence of a real marriage seem OK to you?

thanks

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Filed: Citizen (pnd) Country: Indonesia
Timeline
Posted

The documents you listed look good to me. If he won't give you a copy of the jointly filed tax, just request the transcript from IRS. When you file ROC, you only need to include the documents that show that marriage was entered in good faith. The car title, bank statements, loan, etc on the top half of your list. Plus the divorce decree of course.

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Posted

The documents you listed look good to me. If he won't give you a copy of the jointly filed tax, just request the transcript from IRS. When you file ROC, you only need to include the documents that show that marriage was entered in good faith. The car title, bank statements, loan, etc on the top half of your list. Plus the divorce decree of course.

Does it mean I don't need to show the summary of my therapy? I thought of it as a proof that I tried to work it out with my ex-husband..

Thanks!

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

In my opinion, you don't need a lawyer at all. You even have more proof than a person who files I-751 jointly. You can send the therapy letters and all that, it doesn't hurt to send more but it does when you send less :wacko: . Remember to make copies of everything you send in case USCIS lost them.

Good luck!

 
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