Not enough evidence to prove abuse/extreme cruelty

[Rachel7 0]

Hello everyone,

I'm divorced, the one year extension letter for the green card is going to expire on June 25 this year (next month). I'm trying to remove the conditions on my own.

My ex-husband was mostly psychologically abusive and borderline sexual and physical abusive. When it began to turn into physical and he threatened my life, I left the house and went to a shelter. I'd rather not to go into all the details, it's too painful to go over it again.

Recently I received the letter from Vermont center asking for more evidence to prove the abuse. The letter is 4 page long. It doesn't tell me which specific kinds of evidence they want from me, instead, it just lists all kinds of evidences that you can think of.

I thought psychological abuse is abuse too. However, on this letter, they put all the signs of psychological abuse under extreme cruelty. and I know extreme cruelty is extremely difficult to prove.

The only additional evidence I can come up with is to prove I stayed in a shelter (Yeah, big mistake I forgot to include it when I first filed the application).

The letter also asked for affidavits from witnesses of the abuse. The abuse happened when there was nobody around us. He could turn into a totally different person in a blink of the eye when there were other people around. So I really don't have any friends who can say they witnessed the abuse, all they knew was what they heard from me. Moreover, they don't want to be involved. My ex must have threatened them. One day they suddenly stopped answering my calls, and hide away to avoid seeing me. One of them told me it's better for me to disappear. I knew they were afraid of my ex-husband and didn't want any troubles. So I stopped contacting them long time ago.

My question is, is it better for me to withdraw the application and refile it under divorce? or should I try to come up with more evidence? If I continue under the abuse waiver, I feel the chances of being approved is very slim. Once it is denied, can I still refile it under divorce waiver? If I should withdraw my case, how to do it?

Since my one year extension letter is going to expire in 1.5 months, should I get a stamp in my passport before I withdraw my case?

Thanks everyone!

[woodsman4cb 8]

I am sorry to hear of your misfortune. I think it was smart of you to leave. DId you make a police report? Did they take pictures of any evidence such as bruises, or did you take any pictures yourself? Did anyone at the shelter see any evidence?

I know that it is difficult to think of doing things to build a case at the time, but having a police report, or a medical checkup showing evidence would help to strengthen a case.

Sometimes you can visit a lawyer once, to see how strong your case is in their eyes...without paying fees.

I hope you the best.

[NheryA 0]

Hi there, on a positive note, Lets all be glad that you are okay and that you were able to got out of it before anything has gotten worse. Thank God! It must be really hard for you but I can feel how strong you are fighting for this. To tell you honestly , I am not sure whether you should withdraw the case , I suggest that you hire an attorney to help you with this. I know. Attorneys' costs a lot, but there are still some out there who have a genuine heart to help. like those attys that doesnt ask for payment until they win your case. or until they help you finally get over with this green card issue. I would also think of just going back to my home country. but that is right after you have made you ex husbnad pay for everything he has done to you. this is a pretty heavy case. you can also sue him for domestic violence and he could go to jail. Godbless you hun. Everyhting will be okay, In God's time.

[VanessaTony 3,567]

I suggest you make an INFOPASS appointment to CHANGE your filing method. You do not need to refile, you just need to change it.

Take your divorce decree and adjust based on divorce, not abuse.

[belinda63 3,052]

Vanessa and Tony have the right idea. Why take the long, rough road when the smooth straight one is right there. You don't need to prove abuse to remove conditions. Just file the waiver and provide proof of a bonefide marriage.

[Rachel7 0]

Thanks for everyone who answered my post. All of you are so kind and make me feel warm at heart. I believe Vannessa&Tony's suggestion is the best action for me right now. I will certainly make an info pass. I've fought hard in the past two years. Now I just want to get it over with, forget everything and start a new life. Thanks for everyone again!

[SingleDad2usc 71]

OP, before leaving the forum - maybe you could do everyone a favor and attach their 4 page summary. This would be the freshest look at current guidelines, for everyone's benefit

Recently I received the letter from Vermont center asking for more evidence to prove the abuse. The letter is 4 page long. It doesn't tell me which specific kinds of evidence they want from me, instead, it just lists all kinds of evidences that you can think of.

I thought psychological abuse is abuse too. However, on this letter, they put all the signs of psychological abuse under extreme cruelty. and I know extreme cruelty is extremely difficult to prove.

[Rachel7 0]

I don't know how to attachment documents here, the past function is not allowed to use either. Can someone explain to me how to do it so I can put the guidelines up here?

[SingleDad2usc 71]

I've never tried, but there seems to be a DOWNLOAD button on the left of Facebook like

[Rachel7 0]

Update:

Just came back from Info Pass today. The officer told me she could not switch my application from abuse to divorce waiver and I need to reply to the request for evidence letter with whatever evidence I have and write a letter to explain my situation and ask them if I can switch.

So I made an appointment with the shelter where I stayed. Next week they will have a meeting with me to do all the paper work in order to write a letter for me.

I still can't figure out how to attach document here. The bottom line is, if you don't have strong evidence to prove physical abuse, don't file under abuse waiver. All forms of abuse other than physical abuse, including psychological and economic abuse falls under extreme cruelty. It's not fair but that's how it works. I wish I knew it from the beginning.

[Brian1967## 119]

Have you had a appointment with a social worker they may be able to sustain your claim, and yes you are right unless you have a police report a protective order or a TRO a physical abuse waiver is even hard to get, it is possible but you can ask sandraj, it is tough and the burden is VERY high, extreme cruelty us tough, even in divorce c to yet it is very hard, now you get to slug it out with USCIS trying to get proof that is really a personnel thinking, you picked a tough route, hope it works out.

Edited May 22, 2013 by Brian1967##

[Rachel7 0]

I didn't call the police. Back then I didn't know I should call the police or I was just so caught up in the situation. I didn't file for a protective order because I was afraid he would know where I lived. He threatened he would hire someone else to hurt me. So I felt protective order not only would not protect me but also would give away my whereabouts to him. Maybe I was totally wrong, but it's too late to go back to fix it.

I had been going to group counseling for abused women. They wrote me a letter which I had already included in the my application. But that's certainly now enough.

This week I just got a letter from the shelter where I stayed. I don't know how much this will help with my case.

[Sandra G. 5,079]

I have no idea why you though you could switch from abuse to waiver, of course you cannot switch.You have to file the I-751 waiver but keep in mind they may not accept anymore once the time to file the waiver is past due. YOU can ask in your letter after answering the RFE that in case they do not understand you have enough proof of the abuse for them to consider your I-751 based just in bonafide marriage. I always do that when I have to file I-751 for my clients when they want to file out based in violence.

[VanessaTony 3,567]

I have no idea why you though you could switch from abuse to waiver, of course you cannot switch.You have to file the I-751 waiver but keep in mind they may not accept anymore once the time to file the waiver is past due. YOU can ask in your letter after answering the RFE that in case they do not understand you have enough proof of the abuse for them to consider your I-751 based just in bonafide marriage. I always do that when I have to file I-751 for my clients when they want to file out based in violence.

Actually you CAN switch, no need to refile, I've seen it done.

Edited June 4, 2013 by Vanessa&Tony

[Sandra G. 5,079]

The infopass officer told that she cannot switch from abuse to bonafide What i expressed before is my opinion based in the Immigration Law.