Vawa part3

[Galateia 1]

She already has a (conditional) green card, so she won't be filing for VAWA but can instead file to remove conditions on her green card using an I-751, but with a waiver of the joint filing requirement.

There is an option for filing with a waiver on the I-751 that indicates your spouse has abused you, but like VAWA you cannot just claim it, you need to have substantial amounts of proof that it happened (police reports, psychologists reports, photographs of injuries sustained, etc.)

Alternatively, if they divorce, there is a different waiver that does not indicate abuse but that she entered a marriage in good faith that was later terminated through divorce (or annulment). This waiver is said to have a lower burden of proof (because you don't need to document abuse, just a good faith marriage).

Galateia your friend to file I-751 waiver she must submit the divorce decree and she needs to prove a bonafide marriage.To file I-751 based in extreme cruelty she doesn't need to show the divorce decree but she has to prove bonafide marriage and extreme cruelty.To prove extreme cruelty is very hard and she needs a pshychological evaluation stating she is suffering major depression or pos traumatics disorder otherwise they won't approve her waiver based in mental abuse.

They are not divorced, her family is pushing her to stay quiet and put up with everything until she gets her ROC done, but as of right now, it's never going to *get* done because her husband is dangling it in front of her like a carrot.

Can she submit the waiver for the reason that he is refusing to participate and file the I-751 on her own? I believe she has proof of bona fide marriage.

[Sandra G. 5,047]

Cielo try to find a counselor at least .Call the 1800 hotline neumber they can give you some places to go or go to a shelter for victim of domestic violence and ask a referral to see a counselor and you don't have to pay for that.

[indianguyyyy 0]

Hi All,

This is a vawa forum for Form I-360 not I-751 forum... ..Please Redirect your question your question to I-751 Condition waiver because you already had green card...

Here in Vawa forum for Domestic violence who never had condition GC or some might have approved I-130 but not I-485....

Please Please dont ask question for I-751...We are here for ppl to to help for mental abuse,sexual abuse,domestic violence and physical abuse for I-360 Vawa which handles USCIS Vermont...Its special case...

Edited May 9, 2013 by indianguyyyy

[Sandra G. 5,047]

Indianguyy with all respect with green card or without green card abuse is abuse,not matter what! We are discussing here about Vawa, but form I-751 waiver can be filed with base in domestic violence as well and I don't see a reason why a green card holder who suffered abuse cannot ask questions here in this thread.We have in the Vawa thread 1 and 2 several green card holders that posted their questions without any problem.

Edited May 9, 2013 by sandranj

[Cielo14 2]

Sandra ....

My girls school counselor is a charming professional full of very optimistic and positive values, it me to helped me given much hope and reasons to keep fighting to get out later, she me is helping out of the depression that I have, which is very difficult for my days only I want to cry and cried so much that I can not open my eyes. She gives me peace, trust and hope. Now I need know if immigration asks me more evidence about my abuse, a letter or report of all my appointments with her would serve as evidence or I need to find a counselor in violence domestic. My first therapist last year said my diagnosis is 311 depression and my probono send my medical records with my application I-360 and more evidences,but I moved recently and not have carr any friend here yet ,I feel lost in the city and the school of my children where I found help I have very close to where we live. You think that she can continue helping me or I need another person

[Sandra G. 5,047]

Galateia she can file I-751 waiver if she has a divorce decree or she can file form I-751 based in extreme cruelty, and she does not need a divorce for that

[indianguyyyy 0]

yeah this forum is for VAWA means domestic violence..Sorry...............

[Sandra G. 5,047]

Cielo if she is a licensed counselor she can give you a report about the progress of the counseling . You submitted already your psychological evaluation then it's fine if you are having some counseling. The report will help your case as well, you can even submit right now if you want tho.

I always recommend to see a psychologist because most of the counselors are not licensed and because of that they can't give a diagnose, just counseling, but if they are licensed they can give report and evaluations as well.

[Sandra G. 5,047]

indianguy are you one of the visa Journey moderator? then you can redirect her case to another forum right, otherwise it's up to the moderators to decide, not me, not you.I am member of the visa a journey almost 9 years and i never saw VJ moderators asking members not to post here questions about I-751 waiver based in mental abuse, just saying.

Edited May 9, 2013 by sandranj

[Cielo14 2]

Sandra, Thank you, I will ask her about if she is a licensed counselor , she working at Elementary scholl.

Thank you soo much!

[indianguyyyy 0]

I am not moderator...It was my frustration that i never had condition gc even and I am thinking remove condition based on divorce and good faith marriage is very easy as i know couple of friends who done it and they never had problems...Only vawa is giving problems and vawa is very hard and it takes so much time to approve..... ...........No issues...............

[Sandra G. 5,047]

indianguyy i understand your frustration but the Law allows any individual to file I-751 based in extreme cruelty as well, it's up to the alien to decide if they want to file based in bonafide or cruelty, they have the right to decide, and when people do not know where to ask about mental abuse they come to the Vawa thread and it's ok I assume otherwise the moderators would redirect their questions to another forum.Just hang in there man, you will have your case adjudicate as well.

[indianguyyyy 0]

okay thanks for your help. I am thinking my case will be adjudicated in 2015 or may be denied as i am male applicant...lets see what god has written for my life..

[optimisticchic 7]

indianguy, the first place you lose the battle is in the mind. Think positively. What makes you think you will not get approved? With Him all things are possible. See yourself approved. When God puts a vision in your heart, He is faithful to bring it into completion. When you have negatiive thoughts, confess positive things. Have a great day.

[nids 0]

THank you sandra for your revert.

And all others stay hopeful. I submitted my application in January 2013. Rcvd the prima facie and Work authorization. Fingerprints also done for I 485 May 16th. I keep checking my status and it only shows application touched on January 29th.

Its been almost 5 months , i am just wondering don't the immigration officers check our application in 5 months, I mean if they need any more evidences , y cant it be done in 5 months time.

I saw yesterday Alma got approved in 3 months. hard to understand where is the delay.

But again we can just wait and hope for better days to come.