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Filed: Citizen (apr) Country: Malaysia
Timeline
Posted (edited)

Hi everyone, I'd like to get your 2 cents on this...My wife (Being an immigrant) has a lot of immigrant friends...

One particular friend (Lets call her Jen). Arrived in the US from China about 6 months ago. She has a 2 year GC. The USC spouse, has been abusive, smacking her around, and now he also has a girlfriend elsewhere in NY. The last time the police were called, they took her to the hospital to get a psyche evaluation. I have a criminal procedure law background, and I know why they did that. (It was probably because she was the one lacking self-control).

Anyway, Jen has now called my wife for advice (from me) in regards to Jen's future ROC. Jen's husband has now left her all together. I know in a I-751, there's a waiver that permits Jen to file on her own, without her husband. I also know that she must prove 2 things. (good faith, and abuse).

My questions now....(Thanks for your patience)...

1- All Jen needs is an I-751 and no other forms?

2- Does police complaint reports and NY State Domestic Incident Reports satisfy the 2nd prong?

Edited by SteveAndTiff
Filed: Citizen (apr) Country: Thailand
Timeline
Posted (edited)

Hi everyone, I'd like to get your 2 cents on this...My wife (Being an immigrant) has a lot of immigrant friends...

One particular friend (Lets call her Jen). Arrived in the US from China about 6 months ago. She has a 2 year GC. The USC spouse, has been abusive, smacking her around, and now he also has a girlfriend elsewhere in NY. The last time the police were called, they took her to the hospital to get a psyche evaluation. I have a criminal procedure law background, and I know why they did that. (It was probably because she was the one lacking self-control).

Anyway, Jen has now called my wife for advice (from me) in regards to Jen's future ROC. Jen's husband has now left her all together. I know in a I-751, there's a waiver that permits Jen to file on her own, without her husband. I also know that she must prove 2 things. (good faith, and abuse).

My questions now....(Thanks for your patience)...

1- All Jen needs is an I-751 and no other forms?

2- Does police complaint reports and NY State Domestic Incident Reports satisfy the 2nd prong?

She doesn't need to prove abuse. That is for VAWA. Since she already has a 2 year green card, VAWA does not apply. She just needs to file the I-751 with the waiver if she is divorced. She'll need the divorce decree for that. Someone else will come along with a more detailed explanation of the waiver process, but VAWA is not in play here.The abuse might come into play for the divorce.

ETA:

You might dig around here for the info on divorce before ROC:

http://www.ilw.com/articles/2009,0924-lee.shtm

Edited by Karee

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Filed: Citizen (apr) Country: Malaysia
Timeline
Posted (edited)

Thanks Karee, so when she files the 751, and checks off the box to waive joint petition based on abusive spouse. She doesn't have to provide supporting documents of abuse?

OK, to add to this...She is not divorced yet, nor has any divorce been filed( I imagine there will be a decree in due time).

Edited by SteveAndTiff
Filed: Citizen (apr) Country: Thailand
Timeline
Posted (edited)

Thanks Karee, so when she files the 751, and checks off the box to waive joint petition based on abusive spouse. She doesn't have to provide supporting documents of abuse?

Hmm, I never realized the I-751 had a check box for abuse. Someone with more experience concerning this will be along to give you a better answer soon I'm sure. However, most of the discusiions I see here on VJ usually talk about checking box D. "I entered into the maraige in good faith, but the marraige was terminated through divorce or annulment" The important thing in that statement being "good faith." You can usually prove that by co-mingling of finances, both names on bills, things like that.

Basically the marriage didn't work out.

Edited by Karee

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Filed: Citizen (apr) Country: Malaysia
Timeline
Posted (edited)

OK I think I got it, just read the instructions on the I-751. If she is divorced by then, all that's needed is the decree citing abuse as the reason. If she isn't divorced by then (and filing to waive the joint requirement based on abuse). she will need to submit some supporting docs to her claim that she was an abused spouse....I think I got this...

Thanks again

Edited by SteveAndTiff
Filed: Citizen (apr) Country: Thailand
Timeline
Posted

OK I think I got it, just read the instructions on the I-751. If she is divorced by then, all that's needed is the decree citing abuse as the reason. If she isn't divorced by then (and filing to waive the joint requirement based on abuse). she will need to submit some supporting docs to her claim that she was an abused spouse....I think I got this...

Thanks again

Keep checking back the rest of the day though. Someone will come along soon and explain this much better than I just did. :thumbs:

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Filed: Citizen (apr) Country: Malaysia
Timeline
Posted

That takes me back to my original question...Is a couple of police reports and DIRs enough to serve as supporting documents?

Keep checking back the rest of the day though. Someone will come along soon and explain this much better than I just did. :thumbs:

yea I will, thanks.

Filed: Timeline
Posted (edited)

You only want to check one box on the 751 (roc) application. By checking more then one box like divorce and abuse it becomes twice as hard to prove.

So if you qualify for divorce and abuse, pick one or the other. If you only qualify for one- then you should only pick one.

(Some people are abused and not divorced, some people are divorced and not abused- some people are both. For 'Jen' she may be both, but again- pick one or be prepared to prove both- twice as hard and not recommended- abuse claims are hard to prove.)

To file for ROC with a divorce waiver is a fairly simple process. There are many many threads on the forum detailing the process. Its the same as the basic ROC process except you check the box stating you are divorced and you attach a copy of your divorce decree. Not divorced yet or its not finalized? Not a problem. You still must file in the 90 day ROC window and check the divorce tick box. You will get a RFE (request for evidence) asking for your divorce papers) when you get them you send them in. Dont have them in time to send in by the date on your RFE? Youll get called to court. Again, not a big deal. The judge will give you an extension to come back with them as they understand divorce courts move at their own pace and its different then immigration ROC deadlines.

So submit your ROC packet with the supporting evidence it asks for. Proof of a legitimate marriage and divorce records (if you have them), sign where it says, attach the fee and wait for your receipt. Follow all notices and instructions you receive back from USCIS and good luck.

Edited by capri
Filed: Other Country: Brazil
Timeline
Posted (edited)

She can file ROC based in abuse, but she needs to have substantial proof of the abuse(at least police report and restraining order),it seems she doesn't have enough prove of the abuse. It's better she files based just in bonafide marriage, not bases in abuse.To file based in abuse she doesn't need the divorce decree, for bonafide marriage she needs the divorce decree.

Edited by sandranj
Filed: Citizen (apr) Country: Australia
Timeline
Posted
OK I think I got it, just read the instructions on the I-751. If she is divorced by then, all that's needed is the decree citing abuse as the reason. If she isn't divorced by then (and filing to waive the joint requirement based on abuse). she will need to submit some supporting docs to her claim that she was an abused spouse....I think I got this..

No you're confused. Here's how it goes. If she files based on divorce, she need only prove bonafide marriage and provide the divorce decree. If she files based on abuse, she needs to prove abuse AND bonafide marriage. It is significantly harder to get approved based on the latter option.

She should file for divorce (or wait for him, whatever she wants). Once the divorce is final she MUST file ROC with a divorce waiver. She does not wait for the window... BUT

If her 90 day window comes up BEFORE she is divorced, she needs to file the ROC stuff anyway but of course she wouldn't have the decree. She will be given an RFE for the decree and 86 days to respond. If she doesn't have the decree in time her ROC will be denied and she will go before an immigration judge who will order a halt on her ROC proceedings until her divorce is final. Once her divorce is final she submits her decree and her ROC continues to process.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

No you're confused. Here's how it goes. If she files based on divorce, she need only prove bonafide marriage and provide the divorce decree. If she files based on abuse, she needs to prove abuse AND bonafide marriage. It is significantly harder to get approved based on the latter option.

She should file for divorce (or wait for him, whatever she wants). Once the divorce is final she MUST file ROC with a divorce waiver. She does not wait for the window... BUT

If her 90 day window comes up BEFORE she is divorced, she needs to file the ROC stuff anyway but of course she wouldn't have the decree. She will be given an RFE for the decree and 86 days to respond. If she doesn't have the decree in time her ROC will be denied and she will go before an immigration judge who will order a halt on her ROC proceedings until her divorce is final. Once her divorce is final she submits her decree and her ROC continues to process.

Bingo! They should probably pin this somewhere. Maybe it already is, but I couldn't find it.

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Filed: Citizen (apr) Country: Malaysia
Timeline
Posted

The way I read the I-751 instructions is as such...

"If filing to waive joint filing requirement because your marriage has been terminated, then submit divorce dcree." Now let me ask you this...a divorce decree here citing irroconcilable differences, would let her stay here if she entered the marriage in good faith? OK Next...

"If you're filing to waive the joint filing requirement because you were battered or subject to extreme cruelty" submit evidence of the abuse...ie reports, official records, etc...And a divorce decree citing abuse as reson for the termination of the marriage...

Vanessa and Karee, I see what you're saying in terms of the route that she should take in regards to ROC. But those weren't my original questions...

The questions were...

1-if the I-751 is the only form required (which has been answered)

2- Are police complaint reports and Domestic Incident Reports enough to prove abuse? (assuming she has to file for waiver under the abuse reason). What level of proof is the USCIS looking for?

Filed: Timeline
Posted (edited)

Police reports and Dv incident reports are NOT enough to file to remove conditions under abuse on your own.

Please see -http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22063.html#0-0-0-14597

(3) Application for waiver based on alien's claim of having been battered or subjected to extreme mental cruelty . A conditional resident who entered into the qualifying marriage in good faith, and who was battered or was the subject of extreme cruelty or whose child was battered by or was the subject of extreme cruelty perpetrated by the United States citizen or permanent resident spouse during the marriage, may request a waiver of the joint filing requirement.

Evidence of physical abuse may include, but is not limited to, expert testimony in the form of reports and affidavits from police, judges, medical personnel, school officials and social service agency personnel. The Service must be satisfied with the credibility of the sources of documentation submitted in support of the application.

Does she have a restraining order? Photo evidence? medical reports? multiple police reports? statements from doctors? etc. Please see the VAWA thread for examples and stories of filers who currently have pending abuse claims and see the struggles they are going through in getting documentation to meet the standards. The standards are high. Sandranj is your best resource when it comes to evaluating if you meet the burden of proof for a physical abuse claim with USCIS. So I would suggest listing all potential evidence you would have, and asking her again. If all you have is police reports, then she already answered, it seems she doesn't have enough proof of the abuse to qualify.

Edited by capri
Filed: Citizen (apr) Country: Malaysia
Timeline
Posted

Thanks Capri, sandranj is a great help. I read through that link. those are higher levels of proof. The only thing she has so far is 2 police complaint reports, 2 NY state Dometic incident reports, and 1 psychological evaluation from a hospital. From my assessment through this thread, she's probably better off filing for divorce (or let her husband file for divorceZ), and go that route.

You guys have been very helpful. Thanks.

 
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