Does I-751 waiver relate to VAWA?

[892 0]

I filed I-751 waiver(divorce based). A few days ago, my lawyer forwarded to me the USCIS pre-notification that my petition would be relocated to the field office and the interview would come.

However, USCIS customer service Tier-2 immigration officer explained to me that decision of whether to interview or not would be at field office discretion; I may be waived to conduct the interview.

Question 1) Did anybody hear similar responses from USCIS? Will the USCIS local office approve I-751 without interview within its own authorities?

My lawyer checked both bona fide marriage(option 1) and extreme cruelty(option 2) by the abusive spouse in the reasons of I-751 form document simutaneously. My case secured several supportive documents for the spouse's abuse

Question 2) Another immigration officer informed that my cases fell into VAWA case. Can I-751 waiver petition with extreme cruelty be assorted as VAWA automatically?

Edited April 20, 2014 by 892

[Hypnos 6,576]

It wouldn't be classified as a VAWA case, because that is for people without a green card and you already have one. Filing for a ROC waiver due to extreme cruelty shares many of the same provisions as a VAWA case though. Generally you will have an easier time just filing for a normal divorce waiver, rather than complicating things by adding abuse claims into the mix.

At this point I think there's a good chance you will have an interview, solely due to checking that box.

[AT20000 38]

Why on earth repeating "you are better off filing for ROC with "divorce" than checking "extreme cruelty" because it is SOOOOO difficult, It is SOOOOO long, level of proof is SOOOOO high" blah blah blah.... People repeat that in a loop because they heard that on another thread where the writer heard that from someone else, who heard that from someone else, who heard that from someone else etc... And in fact they have NO precise idea , not even the draft of the list of what one REALLY needs to meet the so called high requirements. So you read things like " if you haven't been physically hurt (stitches, cast, etc), you don't qualify" WRONG! And all these rumors only serve ONE person: the abuser.

Well, I happen to have this list of required exhibits thanks to an advocate of the DV hotline who got me directly in touch with a training manager in this specific matter. This wonderful lady took the time to send me this list and explain to me over the phone how proofs are being evaluated. She has been a life-saver.

Think about it for a minute: Why would "extreme cruelty" ( above all with proofs) throw you into an interview process that SHOULD be harder than just a regular divorce? What is more suspicious ? Someone who gets a divorce out of nowhere in 2 years of being here, or someone who has been subjected to proven cruelty and HAD TO DIVORCE ASAP for their own sake? If someone has the proofs of an abusive marriage why would an interview be even an issue?

Now, since I have been there, done that and heard the very same rhetoric in a loop. Here is how it works:

Scenario one: you just check divorce on your ROC application. USCIS is going to wait until your divorce is final to consider your ROC case. Now remember, we are dealing with an abuser and how long it takes to divorce from an abuser? Well, in most cases, a lot longer than average because his divorce lawyer is going to threaten you to delay your ROC pending case over and over until you accept a bunch of things you do not want (shared parenting, no alimony, etc)... Shared parenting is the best leverage the system has given to the abusers. They get to force you to live close to them, interact with you, threaten you to abduct the kids etc etc.

A quick divorce takes about a year (mandatory wait period of 6 months to show the judge you really tried to work things out, and scheduling your case for the final hearing takes about the same amount of time.) The risk is that the abuser is going to hold on to ANYTHING that could possibly delay the divorce and put you under duress in order to get their revenge from this effing b*** who dares to dump them. So they will ask for mediation (+ 3 months), custody evaluation (+ 6 months), they will sue you over deciding of the separation date because you are not financially responsible after this date. They will stall (+ 3 months), object, ask for more evaluation (+3 months), financial record etc etc... Oh and if they file for bankruptcy, the family court will wait until your bankruptcy case is judged to proceed with the divorce case and USCIS will wait until your divorce is final to process your ROC case... .

In the meantime you receive a one-year extension and at the end of the extension but will not process your case. One year later, you will either receive a request for your divorce decree or you will have to go to an appointment at your USCIS office to let them know what is going on with your divorce. If you do not have a divorce decree in hand at the time of this letter/appointment, USCIS will attempt to either deny the ROC ( you will have to file for an appeal and your lawyer will make 5000$ more and they love that!) or they will send another extension. Your abuser has plenty of time to sue you again, file false accusations that would affect your case which will be taken seriously by the USCIS as in this scenario, they have NO idea that you were being abused and that your abuser is using THEM and the family court system to seek revenge from you (another appeal, more lawyer fees) etc... You are looking at 24 to 36 months minimum of pure mayhem with difficulties to rent a place, find a stable job or stay in college, because you have only few months left on your extension and this will come back and bite you in the ####### during the divorce and for the ROC, Your lawyer gets richer, you get poorer, you get more vulnerable and you STILL don't have your 10 years GC....

So when a ROC applicant has the proofs of the abuses what is point in putting yourself through all that bull?.

Scenario two: You check "extreme cruelty" Now USCIS KNOWS that you have been abused so first your case will be reviewed by VAWA adjudicators ( because they have received a specific training) AND whatever your soon-to-be-ex-spouse tries, they"ll look at it through the "Yeah-right" filter rather than the "this-is-a- bad-immigrant-who-defrauded-the-oh-so-poor-USC" filter. And it makes a huge difference in the outcome.

Let's talk the truth here, lots of USC have gone completely paranoiac with the creepy legend of the-bad-immigrant-that-cons-them-into-a-fake-marriage. This is totally nonsensical above all when the spouse comes from one of the world top ten democracies, but the problem with common sense is that "Common sense is not that common" (Voltaire)... Then, there is also the huge lot of USC who are uttering or just hinting these immigration fraud accusations as a way to shut their foreign born spouse off during arguments or use it just as a way to hurt, threaten or retaliate. I'd be curious to see how many foreign born spouses would swear on their children's life that their USC spouse has NEVER EVER dropped such a hint at least ONCE... Anyways, this is on everybody's mind here so better make sure to place your case in the "yeah right" box.

Second advantage: Your case will probably take a little longer than a married couple filing jointly BUT not as long as the wait until your divorce is final followed by the ROC normal processing time. This "cruelty provision" has been created to allow battered/abused immigrant to cut all ties with their abuser ASAP. Once you have filed for cruelty you can file for RO, separate, divorce, move to the other side of the country NONE of that will affect your case.

So to answer your questions (sorry it was long but people need to stop advocating against VAWA and extreme cruelty just because of hearsay as it actually causes a lot of harm to real victims) :

1) No I have not received the same letter from USCIS, I have received a receipt notice. I have filed for "extreme cruelty" on Jan 20, I have been granted with the fee waiver 3 days later, I have received my extension 30 days later (delayed by post office otherwise they issued the notice within a week) and I have received my biometrics appointment notice 40 days after filing. (time between filing and fingerprints: 2 months). Yes the local office can decide if they want to interview you or not (it goes the same way for a married couple ROC also. Some are being approved without interview, some are called in for an interview)

2) No it is not "assorted of VAWA", all cases of extreme cruelty are reviewed by VAWA adjudicators because they have been trained in identifying the proofs and evaluate if they meet the burden of proof individually or together ( some proofs meet the burden directly, some need to be confirmed by other proofs in order to reach the level). Just so you know and according to Victim Assistance Network, what is central is YOUR affidavit, above all if it is supported by documentation ( I have written my story and given police report, hospital report, DV group attendance log form and therapist report plus other proofs of other abuses such as refusal of dental care -while he has one for himself- isolation, deprivation of an possibility to work etc.) I have the full list of documents, I can send it to you by MP if you want. Feel free to ask.

Hope this help.

[Villanelle 4,122]

AT20000- Things arent always so black and white. While I agree with your post (esp the point that people shouldnt be so eager to just cut and paste the same advice to every situation- because each situation is unique) That is exactly what your post is doing as well.

Both your answer and Hypnos answer are correct depending on the situation. An immigrant who was married for close to the two years and is seeking a divorce (mutual or not) gains nothing from checking the cruelty tic box if they have all the evidence of the marriage. It just causes them to have to prove 2 things (bonafide marriage and abuse) instead of one. Its unnecessary and makes it harder.

An immigrant however that came and was married a short period of time, has little proofs due to the abuse, stayed in the marriage a short time due to the abuse- yes checking that box is extremely important in getting approved for all the reasons you outlined above.

You cant just brush everyone into the same box.

As for the OPs questions,.

#2 when you check off the cruelty tic box it doesnt get processed through the normal centers. It goes to the adjudicators at Vermont at the VAWA unit to review. As they are the only ones trained to review abuse cases. Normal adjudicators dont review paperwork like that. So alot of people loosely call it "VAWA" when technically its not a VAWA for a green card. But it is still at the VAWA unit, hence the casual language discrepancies.

#1 Interviews are done at the local offfices discretion based on a number of factors. Its a complicated bureaucratic formula. Basic outline- first petitions are divided into three categories A B and C by the adjudicators. A's are perfect, B's are good and C's are must interview. They are sent to the local offices. A small percentage of A's are selected to be interviewed even though they were considered perfect. A percentage of Bs are selected for interviews even though they were good. All Cs are interviewed no matter what. How many As and Bs get picked depend on your local offices caseload and requirements and whats going on behind the scenes there.

Not all cruelty waiver cases are considered Cs and must be interviewed. If you follow the Roc thread or the VAWA thread youll see people were approved w/o interview for it. So its really going to depend on the evidence you submitted, length of marriage and a bit of luck.

[markwpb 0]

I've been doing a lot of research about this and some people say one thing, and others say a different story. I have also called some immigration attorneys, and some of them even say it may be possible and others say it won't be.

So here is the quick story.

1) Married for only 1 year and divorced already.

2) Obtained my 2 year conditional green card.

3) 2 year conditional green card about to expire.

4) I was part of an abusive relation. I have lots of evidence and

proof to make my case really strong and with a good chance to have it approved.

I'm planning to apply with the I-751 under option 1.e Waiver that says....

" I entered the marriage in good faith, and during the marriage I was

battered, or was subject of extreme cruelty, By my U.S Citizen or permanent

resident spouse"

Now we all know that with regular Waiver on the I-751 if you have been married less than a year, we all have to wait 5 years total before applying for the citizenship.

However, some have said that EVEN THOUGH if you have been married LESS than 3 years, that if you apply with Option 1.e that it would be SORT OF CONSIDERED as if it was a Vawa case and thus REDUCED the number of years you have to wait before submitting your N-400 application.

In my case it would be 3 years total (2 years of my current green card + 1 more year to wait) before I can submit my N-400.

Any facts about this?

Any ideas about this?

Anything would help. Thank you!!

[onye uwaoma 131]

Why on earth repeating "you are better off filing for ROC with "divorce" than checking "extreme cruelty" because it is SOOOOO difficult, It is SOOOOO long, level of proof is SOOOOO high" blah blah blah.... People repeat that in a loop because they heard that on another thread where the writer heard that from someone else, who heard that from someone else, who heard that from someone else etc... And in fact they have NO precise idea , not even the draft of the list of what one REALLY needs to meet the so called high requirements. So you read things like " if you haven't been physically hurt (stitches, cast, etc), you don't qualify" WRONG! And all these rumors only serve ONE person: the abuser.

Well, I happen to have this list of required exhibits thanks to an advocate of the DV hotline who got me directly in touch with a training manager in this specific matter. This wonderful lady took the time to send me this list and explain to me over the phone how proofs are being evaluated. She has been a life-saver.

Think about it for a minute: Why would "extreme cruelty" ( above all with proofs) throw you into an interview process that SHOULD be harder than just a regular divorce? What is more suspicious ? Someone who gets a divorce out of nowhere in 2 years of being here, or someone who has been subjected to proven cruelty and HAD TO DIVORCE ASAP for their own sake? If someone has the proofs of an abusive marriage why would an interview be even an issue?

Now, since I have been there, done that and heard the very same rhetoric in a loop. Here is how it works:

Scenario one: you just check divorce on your ROC application. USCIS is going to wait until your divorce is final to consider your ROC case. Now remember, we are dealing with an abuser and how long it takes to divorce from an abuser? Well, in most cases, a lot longer than average because his divorce lawyer is going to threaten you to delay your ROC pending case over and over until you accept a bunch of things you do not want (shared parenting, no alimony, etc)... Shared parenting is the best leverage the system has given to the abusers. They get to force you to live close to them, interact with you, threaten you to abduct the kids etc etc.

A quick divorce takes about a year (mandatory wait period of 6 months to show the judge you really tried to work things out, and scheduling your case for the final hearing takes about the same amount of time.) The risk is that the abuser is going to hold on to ANYTHING that could possibly delay the divorce and put you under duress in order to get their revenge from this effing b*** who dares to dump them. So they will ask for mediation (+ 3 months), custody evaluation (+ 6 months), they will sue you over deciding of the separation date because you are not financially responsible after this date. They will stall (+ 3 months), object, ask for more evaluation (+3 months), financial record etc etc... Oh and if they file for bankruptcy, the family court will wait until your bankruptcy case is judged to proceed with the divorce case and USCIS will wait until your divorce is final to process your ROC case... .

In the meantime you receive a one-year extension and at the end of the extension but will not process your case. One year later, you will either receive a request for your divorce decree or you will have to go to an appointment at your USCIS office to let them know what is going on with your divorce. If you do not have a divorce decree in hand at the time of this letter/appointment, USCIS will attempt to either deny the ROC ( you will have to file for an appeal and your lawyer will make 5000$ more and they love that!) or they will send another extension. Your abuser has plenty of time to sue you again, file false accusations that would affect your case which will be taken seriously by the USCIS as in this scenario, they have NO idea that you were being abused and that your abuser is using THEM and the family court system to seek revenge from you (another appeal, more lawyer fees) etc... You are looking at 24 to 36 months minimum of pure mayhem with difficulties to rent a place, find a stable job or stay in college, because you have only few months left on your extension and this will come back and bite you in the ####### during the divorce and for the ROC, Your lawyer gets richer, you get poorer, you get more vulnerable and you STILL don't have your 10 years GC....

So when a ROC applicant has the proofs of the abuses what is point in putting yourself through all that bull?.

Scenario two: You check "extreme cruelty" Now USCIS KNOWS that you have been abused so first your case will be reviewed by VAWA adjudicators ( because they have received a specific training) AND whatever your soon-to-be-ex-spouse tries, they"ll look at it through the "Yeah-right" filter rather than the "this-is-a- bad-immigrant-who-defrauded-the-oh-so-poor-USC" filter. And it makes a huge difference in the outcome.

Let's talk the truth here, lots of USC have gone completely paranoiac with the creepy legend of the-bad-immigrant-that-cons-them-into-a-fake-marriage. This is totally nonsensical above all when the spouse comes from one of the world top ten democracies, but the problem with common sense is that "Common sense is not that common" (Voltaire)... Then, there is also the huge lot of USC who are uttering or just hinting these immigration fraud accusations as a way to shut their foreign born spouse off during arguments or use it just as a way to hurt, threaten or retaliate. I'd be curious to see how many foreign born spouses would swear on their children's life that their USC spouse has NEVER EVER dropped such a hint at least ONCE... Anyways, this is on everybody's mind here so better make sure to place your case in the "yeah right" box.

Second advantage: Your case will probably take a little longer than a married couple filing jointly BUT not as long as the wait until your divorce is final followed by the ROC normal processing time. This "cruelty provision" has been created to allow battered/abused immigrant to cut all ties with their abuser ASAP. Once you have filed for cruelty you can file for RO, separate, divorce, move to the other side of the country NONE of that will affect your case.

So to answer your questions (sorry it was long but people need to stop advocating against VAWA and extreme cruelty just because of hearsay as it actually causes a lot of harm to real victims) :

1) No I have not received the same letter from USCIS, I have received a receipt notice. I have filed for "extreme cruelty" on Jan 20, I have been granted with the fee waiver 3 days later, I have received my extension 30 days later (delayed by post office otherwise they issued the notice within a week) and I have received my biometrics appointment notice 40 days after filing. (time between filing and fingerprints: 2 months). Yes the local office can decide if they want to interview you or not (it goes the same way for a married couple ROC also. Some are being approved without interview, some are called in for an interview)

2) No it is not "assorted of VAWA", all cases of extreme cruelty are reviewed by VAWA adjudicators because they have been trained in identifying the proofs and evaluate if they meet the burden of proof individually or together ( some proofs meet the burden directly, some need to be confirmed by other proofs in order to reach the level). Just so you know and according to Victim Assistance Network, what is central is YOUR affidavit, above all if it is supported by documentation ( I have written my story and given police report, hospital report, DV group attendance log form and therapist report plus other proofs of other abuses such as refusal of dental care -while he has one for himself- isolation, deprivation of an possibility to work etc.) I have the full list of documents, I can send it to you by MP if you want. Feel free to ask.

Hope this help.

You're a bomb lol... I totally understand your post and I feel you did not understand what Hypnos advised above. Hypnos appeared to understand all the rigors of vawa petition and simply advised that divorce waiver is easier than pursuing both route. your analysis is good for the protection of the victim, which is primarily the jurisdiction of a competent law court. It is up to the court to issue a restraining order and that's not what uscis can do. protective orders protect the victim and they can always provide evidence when uscis ask for one. Why would you choose to labor so hard when you can achieve results with minimum effort? if you have been abused, follow the abusive waiver route which will not require any divorce judgment to adjudicate. checking both boxes is ill-advised!

Edited August 11, 2014 by onye uwaoma

[onye uwaoma 131]

AT20000- Things arent always so black and white. While I agree with your post (esp the point that people shouldnt be so eager to just cut and paste the same advice to every situation- because each situation is unique) That is exactly what your post is doing as well.

Both your answer and Hypnos answer are correct depending on the situation. An immigrant who was married for close to the two years and is seeking a divorce (mutual or not) gains nothing from checking the cruelty tic box if they have all the evidence of the marriage. It just causes them to have to prove 2 things (bonafide marriage and abuse) instead of one. Its unnecessary and makes it harder.

An immigrant however that came and was married a short period of time, has little proofs due to the abuse, stayed in the marriage a short time due to the abuse- yes checking that box is extremely important in getting approved for all the reasons you outlined above.

You cant just brush everyone into the same box.

As for the OPs questions,.

#2 when you check off the cruelty tic box it doesnt get processed through the normal centers. It goes to the adjudicators at Vermont at the VAWA unit to review. As they are the only ones trained to review abuse cases. Normal adjudicators dont review paperwork like that. So alot of people loosely call it "VAWA" when technically its not a VAWA for a green card. But it is still at the VAWA unit, hence the casual language discrepancies.

#1 Interviews are done at the local offfices discretion based on a number of factors. Its a complicated bureaucratic formula. Basic outline- first petitions are divided into three categories A B and C by the adjudicators. A's are perfect, B's are good and C's are must interview. They are sent to the local offices. A small percentage of A's are selected to be interviewed even though they were considered perfect. A percentage of Bs are selected for interviews even though they were good. All Cs are interviewed no matter what. How many As and Bs get picked depend on your local offices caseload and requirements and whats going on behind the scenes there.

Not all cruelty waiver cases are considered Cs and must be interviewed. If you follow the Roc thread or the VAWA thread youll see people were approved w/o interview for it. So its really going to depend on the evidence you submitted, length of marriage and a bit of luck.

I agreed

[AT20000 38]

Sorry but I don't think you really understood what I demonstrated AND what is the ulterior motive of many people here. Also when you assert something, how about you support that with documents/links? For example many things that you say in your post are outright false and you would have noticed should you have verified.

First point: I understood very late in the process that many people, USC hiding behind profiles from all around the globe, are not here to help the LEGAL immigrants community, but to spread false "information" in order to mislead LEGAL immigrants. They are either anti-immigration militants or vengeful people who were dumped by a foreign spouse. They lost their marbles and all decency altogether because frankly, taking it out on LEGAL immigrant Domestic violence victims, is both stupid and disgusting. Last world champion class but equally odious, some are here to boost their pathetic ego by posing as the expert they are not, while they have truly no clue of what they are talking about. they have not VERIFIED the "information" they give, they have not gone through this process themselves, they either have read some baloney on another forum and are parroting it, or they plainly fabricated what they say. Anyways, whether it is to pamper their ego, to assuage their desire for vengeance or to serve a political agenda, it is despicable to an unbelievable point.

Second point: I am talking about TRUE DV victims ( i.e: not the one who claims abuse because their spouse refused to buy a red car and bought a grey one instead). So with regard to TRUE DV, IF someone is somewhat articulate, it is NOT difficult to gather hospital bills and reports, 911 call reports and transcripts, testimonies, written threats, proofs of financial abuse and lastly to put together the main part in a cruelty ROC which is the victim's statement ( corroborated by the exhibits here above listed ). USCIS makes it very easy ( I have posted the list of documents one needs on another post but feel free to ask by PM)

Third point: I don't know where you got your "information", but what you say : " It goes to the adjudicators at Vermont at the VAWA unit to review. As they are the only ones trained to review abuse cases" is TOTALLY false ( you are basically making my point: taking some time to verify an information BEFORE asserting whatever is always, always better than being assertive without knowing).Here is what happens for real: ROC cruelty files go to Vermont OR to California depending on where you live ( and I have a very good source for that as MY OWN cruelty file went to California, not Vermont. And get this, I happen to know someone in my situation but from a different state whose file ALSO went to California). That said, how in the world, the fact that a cruelty file is sent to a specific SC, could make its adjudication more difficult? It does not make sense, unless you can explain HOW difficulty and location can POSSIBLY be related. In reality, when one of the 2 SC falls behind their schedule, files are transferred from one SC to the other ( has happened to the person I just mentioned, she was transferred from Vermont to California) As for your ABC classification hum... By all means, my own case was not perfect at all to say the least as for example, at the time of the filing, I have not left the house and my USC husband did not cause any serious physical wounds that could have qualified me instantly. BUT I got approved in 4 months without the slightest interview.

That being established ( and no matter what can be blathered on here by the above described self-proclaimed "experts");

1 - USCIS ALWAYS wait until the divorce is final to process one's ROC request. (So the delay is ALWAYS divorce processing time PLUS ROC processing time)

2 - Most states have mandatory wait time, several months on av. & up to TWO full years to finalize an uncontested divorce ( Illinois for example) which has to be added to the USCIS processing time.

3 - Average processing time ( Vermont or CA) for cruelty cases according to USCIS: 6 months ( in my case 4 months). PERIOD

4 - Average processing times (Vermont or CA) for divorced cases according to USCIS, 6 months to which divorce length should be added.

5 - A divorce can drag for years, above all against an abusive spouse & USCIS' RFE will ask for the final Div. decree, so no way to get a ROC without it!

6 - Abusive spouses tend to use immigration process delays to create issues that can jeopardize the victim's legal status ( frivolous court complaints, etc)

7 - Gathering a cruelty file IS NOT DIFFICULT if the victim is a bit organized, goes to a DV association, gathers the documents along the course of the events ( ask for your copy of medical records, of shelters, of counselors reports, testimonies, etc) and takes time to write the central piece: the victim's detailed declaration. In addition, gathering proofs of bona fide marriage is not difficult either ( I have attached 3 pics of his parents and me attending an event together and the last Christmas card they sent with all our names on it, plus the insurance with both our names, end of the story.)

8 - Filing for cruelty allows for the victim to file for a fee waiver.

9 - Filing for cruelty allows for the victim to file totally unbeknownst to their abuser = security +++

10- It allows the victim to prepare for leaving their abuser without the abuser being able to figure anything of what the victim is plotting = security +++

11- The victim can file for a restraining order as soon as their card has arrived and leave the house on the spot, it is immediate = security +++

12- Last but not least being granted a ROC on cruelty basis allows for a citizenship application in 3 years instead of 5 ( see memorandum of USCIS )

May I add to that the interest of telling the truth to the US authorities? I have quoted USCIS documents in this message so I hope that people will have AT LEAST the decency to read the documents and to NOT discuss these points ( contradict USCIS written rules that I quoted would be flat stupid indeed but, I have read so many absurd things on here that it would not surprise me to tell the truth). Now with regard to what I KNOW about THIS specific kind of ROC, in my own cruelty ROC case few months ago (January 2014), being honest with USCIS has been VERY rewarding, my fee waiver got approved immediately and I had my ROC in FOUR MONTHS... IF I had filed for divorce first, then for ROC I would STILL be waiting for my ROC by now. Working few hours on my ROC file saved me from 12 to 16 months of a grueling wait.

[AT20000 38]

I'm planning to apply with the I-751 under option 1.e Waiver that says....

" I entered the marriage in good faith, and during the marriage I was

battered, or was subject of extreme cruelty, By my U.S Citizen or permanent

resident spouse"

Now we all know that with regular Waiver on the I-751 if you have been married less than a year, we all have to wait 5 years total before applying for the citizenship.

However, some have said that EVEN THOUGH if you have been married LESS than 3 years, that if you apply with Option 1.e that it would be SORT OF CONSIDERED as if it was a Vawa case and thus REDUCED the number of years you have to wait before submitting your N-400 application.

In my case it would be 3 years total (2 years of my current green card + 1 more year to wait) before I can submit my N-400.

Any facts about this?

Any ideas about this?

Anything would help. Thank you!!

ABSOLUTELY there are facts and as said on this memo, it seems that it is 3 years ( not 5) in my case and in yours :

Chack this USCIS memo: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/sec319a012705.pdf

[onye uwaoma 131]

Sorry but I don't think you really understood what I demonstrated AND what is the ulterior motive of many people here. Also when you assert something, how about you support that with documents/links? For example many things that you say in your post are outright false and you would have noticed should you have verified.

First point: I understood very late in the process that many people, USC hiding behind profiles from all around the globe, are not here to help the LEGAL immigrants community, but to spread false "information" in order to mislead LEGAL immigrants. They are either anti-immigration militants or vengeful people who were dumped by a foreign spouse. They lost their marbles and all decency altogether because frankly, taking it out on LEGAL immigrant Domestic violence victims, is both stupid and disgusting. Last world champion class but equally odious, some are here to boost their pathetic ego by posing as the expert they are not, while they have truly no clue of what they are talking about. they have not VERIFIED the "information" they give, they have not gone through this process themselves, they either have read some baloney on another forum and are parroting it, or they plainly fabricated what they say. Anyways, whether it is to pamper their ego, to assuage their desire for vengeance or to serve a political agenda, it is despicable to an unbelievable point.

Second point: I am talking about TRUE DV victims ( i.e: not the one who claims abuse because their spouse refused to buy a red car and bought a grey one instead). So with regard to TRUE DV, IF someone is somewhat articulate, it is NOT difficult to gather hospital bills and reports, 911 call reports and transcripts, testimonies, written threats, proofs of financial abuse and lastly to put together the main part in a cruelty ROC which is the victim's statement ( corroborated by the exhibits here above listed ). USCIS makes it very easy ( I have posted the list of documents one needs on another post but feel free to ask by PM)

Third point: I don't know where you got your "information", but what you say : " It goes to the adjudicators at Vermont at the VAWA unit to review. As they are the only ones trained to review abuse cases" is TOTALLY false ( you are basically making my point: taking some time to verify an information BEFORE asserting whatever is always, always better than being assertive without knowing).Here is what happens for real: ROC cruelty files go to Vermont OR to California depending on where you live ( and I have a very good source for that as MY OWN cruelty file went to California, not Vermont. And get this, I happen to know someone in my situation but from a different state whose file ALSO went to California). That said, how in the world, the fact that a cruelty file is sent to a specific SC, could make its adjudication more difficult? It does not make sense, unless you can explain HOW difficulty and location can POSSIBLY be related. In reality, when one of the 2 SC falls behind their schedule, files are transferred from one SC to the other ( has happened to the person I just mentioned, she was transferred from Vermont to California) As for your ABC classification hum... By all means, my own case was not perfect at all to say the least as for example, at the time of the filing, I have not left the house and my USC husband did not cause any serious physical wounds that could have qualified me instantly. BUT I got approved in 4 months without the slightest interview.

That being established ( and no matter what can be blathered on here by the above described self-proclaimed "experts");

1 - USCIS ALWAYS wait until the divorce is final to process one's ROC request. (So the delay is ALWAYS divorce processing time PLUS ROC processing time)

2 - Most states have mandatory wait time, several months on av. & up to TWO full years to finalize an uncontested divorce ( Illinois for example) which has to be added to the USCIS processing time.

3 - Average processing time ( Vermont or CA) for cruelty cases according to USCIS: 6 months ( in my case 4 months). PERIOD

4 - Average processing times (Vermont or CA) for divorced cases according to USCIS, 6 months to which divorce length should be added.

5 - A divorce can drag for years, above all against an abusive spouse & USCIS' RFE will ask for the final Div. decree, so no way to get a ROC without it!

6 - Abusive spouses tend to use immigration process delays to create issues that can jeopardize the victim's legal status ( frivolous court complaints, etc)

7 - Gathering a cruelty file IS NOT DIFFICULT if the victim is a bit organized, goes to a DV association, gathers the documents along the course of the events ( ask for your copy of medical records, of shelters, of counselors reports, testimonies, etc) and takes time to write the central piece: the victim's detailed declaration. In addition, gathering proofs of bona fide marriage is not difficult either ( I have attached 3 pics of his parents and me attending an event together and the last Christmas card they sent with all our names on it, plus the insurance with both our names, end of the story.)

8 - Filing for cruelty allows for the victim to file for a fee waiver.

9 - Filing for cruelty allows for the victim to file totally unbeknownst to their abuser = security +++

10- It allows the victim to prepare for leaving their abuser without the abuser being able to figure anything of what the victim is plotting = security +++

11- The victim can file for a restraining order as soon as their card has arrived and leave the house on the spot, it is immediate = security +++

12- Last but not least being granted a ROC on cruelty basis allows for a citizenship application in 3 years instead of 5 ( see memorandum of USCIS )

May I add to that the interest of telling the truth to the US authorities? I have quoted USCIS documents in this message so I hope that people will have AT LEAST the decency to read the documents and to NOT discuss these points ( contradict USCIS written rules that I quoted would be flat stupid indeed but, I have read so many absurd things on here that it would not surprise me to tell the truth). Now with regard to what I KNOW about THIS specific kind of ROC, in my own cruelty ROC case few months ago (January 2014), being honest with USCIS has been VERY rewarding, my fee waiver got approved immediately and I had my ROC in FOUR MONTHS... IF I had filed for divorce first, then for ROC I would STILL be waiting for my ROC by now. Working few hours on my ROC file saved me from 12 to 16 months of a grueling wait.

Here's what I want you to know: if you have documentary evidence of abuse, file to remove condition based on abuse waiver. That way, you'll not be required to produce divorce decree. If you choose to file both waiver, you will be attempting to do too much. It is that simple. What is so difficult for you to understand? It's not about too much story!

[AT20000 38]

Onye uwaoma I forgot to answer one of your points: Why assuming that proving cruelty is "laboring so hard"? For someone who has really been abused gathering proofs of "extreme cruelty" IS MORE THAN DOABLE. Better, extreme cruelty for a ROC actually lowers the burden of proof of mingled interests in bona fide marriage.

One simple example related to the increased difficulty of proving "mingled interests" as a proof of bona fide marriage in a ROC-divorce case for a DV victim: As a divorced applicant you need to provide proof of former marital life PLUS proofs of former mingled interests: common bank account statements, testimonies, property in common, credit cards with both names, holidays pictures, leases etc...

-Guess what you PRECISELY DO NOT HAVE when married to an abuser?.... PRECISELY bank statements, testimonies, property in common, credit cards with both names, etc! Why that? Because this is how 99% of abusive spouses prevent their victim from escaping! They keep all money, property, credit card etc to their name ! So HOW do you prove "mingled interests" when you have been abused and you want to self petition for divorce instead?Huh? Well... YOU CAN'T! So this is the best way to be denied for insufficient evidence of bona fide marriage.

That right there shows how beyond stupid and dangerous it is to advise a person who has been abused and has a case, to go for a ROC-divorce instead "because it is easier" It is NOT easier, as proven here, it is harder!

Besides, to underline again the blithering stupidity of this "check divorce box instead" advice, USCIS officers (who are trained on this type of support: Power and Control.pdf look under economic abuse ) treat these self-petition applications with a standard that is being called the " Any credible evidence standard" meaning that to alleviate the difficulty for the DV victims to gather documents, USCIS accepts a VAST VAST range of acceptable proofs. I will quote the LAW about "extreme cruelty waivers ( Immigration and citizenship act 2011 part 4 of the § 216 (8 USC 1186a))

: "In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application".

Now you know, considering the level of the replies I read on here, if anyone can counter that with another law, they are more than welcome to do so, on here by quoting this other law ( i.e not by telling another baloney pure figment of their imagination) but if they have no LAW to quote or other OFFICIAL text ( i.e: memo from USCIS, INA, etc) they may want to keep their mouth shut instead of supporting USC batterers by misleading the victims of their crimes . I am not interested in debating with incoherent people holding an incoherent reasoning. So far 100% of people I have heard repeating in a loop that "extreme cruelty is hard to prove", either have a politic agenda AND/OR have NEVER been through this very process themselves, they have no official list of documents, no official guidance memo in hand to support what they say ( while I do), no NOTHING, and yet you hear them trumpeting all around that "the burden of proof for extreme cruelty is very high". B-A-L-O-N-E-Y!

Hey! I have been there MYSELF. No later than last January, I have put together not one but TWO ROC-extreme cruelty files ( mine & my adult son's). BOTH of them have been approved in 4 months without interview or even a RFE, so I don't just assume, I just did it and I got accepted. It barely took me a day to gather & organize proofs, and to build the 2 declarations around the proofs I had. I took an hour or so the next day to review the whole file, that is ALL. ONE DAY of work a "hard labor" for a 10 years Green card ( and some peace of mind)? Even if it had represented 10 days of continuous work, no biggie. Or we might not have the same definition of what "hard labor" is maybe...

[AT20000 38]

Here's what I want you to know: if you have documentary evidence of abuse, file to remove condition based on abuse waiver. That way, you'll not be required to produce divorce decree. If you choose to file both waiver, you will be attempting to do too much. It is that simple. What is so difficult for you to understand? It's not about too much story!

Well you obviously don't understand what is written very well yourself... Where did you see me say that they should check both divorce AND cruelty? Nowhere? Haaaa that's unfortunate!

On the contrary I clearly separated both options (Scenario 1, and Scenario 2).

Now with regard to your assertion that checking the extreme cruelty box would trigger an interview, it is again something you assert, like so many people on here, without one tiny piece of proof.

In my case and in my son's case we BOTH checked "extreme cruelty", we both got approved in 4 months, no request for evidence and NO INTERVIEW, we received our cards in 4 months PERIOD. It does not really add up with what you say, don't you think...?

Edited August 14, 2014 by AT20000