751 waiver USC false swearing

[clinsas 0]

My USC wife became verbally abusive and asked me to leave the house after few days after AOS. She threatend to file for divorce and stop my green card. Now I understand that it is not upto her to stop the green card. However, due to her abusive nature I thought it is best to leave the house because she might make some false accuses.

Now she filed for divorce without me knowing about it. She filed a false affidavit for publication claiming she can not locate me so that she can get divorce without me knowing about it. She knew exactly where I lived, but she blocked all modes of communication with me, and did not even attempted to serve me divorce papers. My divorce lawyer thinks there is a strong possibility for convicting her with FALSE SWEARING. In the divorce complain she is mentioning that I left the house soon after I got GC, which is also not true since I can prove that she asked me to leave.

Now, if I can successfully get a judgement that she lied on her affidavit in order for circumventing the proper process and if she faces criminal charges, would that be helpful with my ROC application?

I am thinking about filing ROC with extreme cruelty and abuse. How hard it is to prove? Verbal abuse and False affidavit counts?

Edited December 7, 2014 by clinsas

[onye uwaoma 131]

My USC wife became verbally abusive and asked me to leave the house after few days after AOS. She threatend to file for divorce and stop my green card. Now I understand that it is not upto her to stop the green card. However, due to her abusive nature I thought it is best to leave the house because she might make some false accuses.

Now she filed for divorce without me knowing about it. She filed a false affidavit for publication claiming she can not locate me so that she can get divorce without me knowing about it. She knew exactly where I lived, but she blocked all modes of communication with me, and did not even attempted to serve me divorce papers. My divorce lawyer thinks there is a strong possibility for convicting her with FALSE SWEARING. In the divorce complain she is mentioning that I left the house soon after I got GC, which is also not true since I can prove that she asked me to leave.

Now, if I can successfully get a judgement that she lied on her affidavit in order for circumventing the proper process and if she faces criminal charges, would that be helpful with my ROC application?

I am thinking about filing ROC with extreme cruelty and abuse. How hard it is to prove? Verbal abuse and False affidavit counts?

Abuse is cancerous so you better protect yourself from your abuser... Although false criminal claim in your case does not amount to extreme cruelty; but, you must provide documentary evidence of abuse for purpose of roc... Otherwise, divorce and file i751waiver with evidence of Bona fide marriage and explain the reason you left your matrimonial home and all that transpired thereafter... Sorry this is happening to you... Good luck!

[Sandra G. 5,054]

I couldnt read anything in your post showing that you were subjected to extreme cruelty.If you were subjected to extreme cruelty you need to submit a psychological evaluation stating that you developed post traumatic disorder, or major depression due the abuse inflicted upon you, and proof that you are attending therapy sessions to overcome the abuse suffered.

Considering what you mentioned here your marriage just failed,and not that you suffered extreme cruelty and you can't function properly anymore .

Edited December 8, 2014 by sandranj

[onye uwaoma 131]

I couldnt read anything in your post showing that you were subjected to extreme cruelty.If you were subjected to extreme cruelty you need to submit a psychological evaluation stating that you developed post traumatic disorder, or major depression due the abuse inflicted upon you, and proof that you are attending therapy sessions to overcome the abuse suffered.

Considering what you mentioned here your marriage just failed,and not that you suffered extreme cruelty and you can't function properly anymore .

I believe there were some sort of abuse going on but like you said, I agree there was nothing close to extreme hardship as OP asserted. So it I think OP should divorce and move on...

[clinsas 0]

If I can prove that I had been subject to cruetly, do i still have to be depressed or disfunctional or mentally retarted in someway to get vawa waiver?

Abuse is NOT an abuse if my wife abused me but I am not crazy?

[NikLR 13,228]

Actually the AOS was up to her to stop. She could easily pull the I-864 and you would not get a green card.

Or do you mean ROC, like the title says? In which case ROC and present evidence that you entered the marriage in good faith. You do not need the USC's approval to ROC. But claiming abuse after the AOS is done, is rather moot.

[onye uwaoma 131]

If I can prove that I had been subject to cruetly, do i still have to be depressed or disfunctional or mentally retarted in someway to get vawa waiver?

Abuse is NOT an abuse if my wife abused me but I am not crazy?

It is still abuse but it does have to meet some certain standard just to filter out fraud... Otherwise, anybody could simply claim abuse if no measure is set... That said, abuse is always the same so sorry you're in this...

[Brother Hesekiel 2,236]

Your wife filed for divorce in absentia. It doesn't really matter if she served you or not, 'cause based on the duration of your marriage and the fact that she will state suspected fraud as a reason to dissolve the marriage it will be a smooth ride all theway. You can claim all kinds of stuff, but in the end you'll be going home. My advise to you: accept that your marriage didn't work out, and go home without much fuss. Wisdom is knowing when you can't win a fight, and cut your losses. It's really that simple.

[Sandra G. 5,054]

Oh yeah you need to prove you are still suffering major depression due to the abuse, and/or post traumatic disorder,number of therapy sessions attended,.referral to see a doctor.I handle Vawa cases over 15years and filed thousands of Vawa,I can recognize a Vawa case,and I don't believe you have a Vawa case at all. Vawa Unit is highly trained regarding identifying abuse as well.

Edited December 17, 2014 by sandranj

[Sandra G. 5,054]

I meant to say extreme cruelty case,not Vawa.

[onye uwaoma 131]

Oh yeah you need to prove you are still suffering major depression due to the abuse, and/or post traumatic disorder,number of therapy sessions attended,.referral to see a doctor.I handle Vawa cases over 15years and filed thousands of Vawa,I can recognize a Vawa case,and I don't believe you have a Vawa case at all. Vawa Unit is highly trained regarding identifying abuse as well.

True...

[Eric-Pris 1,607]

Now, if I can successfully get a judgement that she lied on her affidavit in order for circumventing the proper process and if she faces criminal charges, would that be helpful with my ROC application?

Some people will do whatever it takes to get or keep a greencard.