Removal of condition DENIED

[elzee 0]

I came in the states 5yrs ago on a K1 visa. Got married, had 2yr greencard. Filed for removal of the condition and got denied.

Summary:

When my k1 visa got approved left my daughter (not by my husband) in the Philippines.2010 I came here and married my husband. I spent 11months here and went back to Philippines to be with my child. It was 11months of stay outside the US, came back here for a month and be with my husband and went back to my origin country to be with my child again. That time we already processed her visa and while waiting for it, it also took me another 11months until I got back with her in the US.

I had some health problems that I needed to resolve before going back here. Primarily, it is more affordable there and we dont have insurance here.

Fastforward...

Filed for the removal, got interviewed and it didnt went well.

We didnt had sufficient evidence as well.

No evidence showing our names together such as; insurance, lease, joint bank account,utility bills, tax. Nothing!

I know at first it was not right. I told my husband about it but he said he is only protecting me from his debts. That's why he doesnt want my name or his name together.

2013 when I got back here with my child, it was a nightmare. He found a house to lease and He wanted me to buy the house. Expect me to buy it within 1 year with a broken credit score. It was our main issue for a year. Never ending fights.

In 2014, I had cancer. He treated me horribly, didnt even went with me to my operation day. I decided to end it. We ended it badly. I dont even wanna deal with him anymore.

And now I got a Notice of appearance for a removal proceeding.

My problem is I dont have anyone to represent me. The reason for the denial is that they think I am only married my husband for the sole purpose of obtaining a greencard. Which is not true! So I have to defend myself with very little evidence of combined life together.

We have collected more evidence such as pictures, affidavits from people who knows us, we got insurance together, bank account.

I already left my husband. I have no plan to come back to him and go through hell again.

What should I do now? Please help!

[Pitaya 2,577]

~Moved from ROC to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[elzee 0]

How do I do that? Just copy paste it there? Sorry im new to this. Thanks

[Hypnos 6,576]

You need a lawyer. You are far beyond what a DIY forum can do for you.

Don't get your hopes up. You have a weak case.

[Pitaya 2,577]

~My statement merely stated the actions already done with your posting. There is nothing for you to do.~

[elzee 0]

I am also physically and mentally abused by him. I have photos, voice records, video records on how he treat me as an evidence of the abuse. I also called womens shelter, domestic violence hotline but I dont have a report of it

[Cheezees 1,514]

I also think you need a lawyer. This is not a case you want to fight on your own. Having nothing joint for all these years is a terrible thing for your case. Good luck!

[belinda63 3,022]

I am confused, you got your green card in 2010 or maybe 2011 so you filed to remove conditions in 2012 or 2013? But you were out of the country for years two and three of the marriage so how did you file to remove conditions? And when was your ROC denied? Please give me some guidance here with dates.

You have multiple issues and a very difficult case to prove. If you can't prove it was a real marriage and USCIS has already made a determination that it wasn't then there is not much you can do.

You need an attorney.

Edited October 11, 2015 by belinda63

[elzee 0]

I got my 2yr gc in 2011 then I went back to the Philippines to be with my child.

In 2013 we filed for ROC and it was denied.

So we filed for an appeal, now I received a letter of the removal proceeding. I have to prove in the court that the marriage was bona-fide

[Hypnos 6,576]

The only thing I can think of will be to try and resurrect your denied I-751 in immigration court and change your filing type to an abuse waiver.

Again: you need a lawyer. There are resources and charities that can provide cheap or low-cost representation if you are a victim of spousal violence or abuse.

http://www.justice.gov/eoir/free-legal-services-providers

Edited October 11, 2015 by Hypnos

[elzee 0]

The reason why I went back to the Philippines after I greencard was to make up the lost time with my child. Then while I was there we processed her visa. It took a while I had to come back to the states for a month to be with my husband and for not abandon the status. When I came back again to the Philippines I had problem with my health, had operation there and then when my childs visa got approved we had to wait couple months coz my husband couldn't afford both our tickets.

Hypnos: I can change it even though it was already denied?

Yes, I will look for a lawyer.

[belinda63 3,022]

Even claiming abuse is going to be difficult. A decision has already been made that this was not a legitimate marriage and that is required even with a domestic violence waiver. You really, really need an attorney.

[elzee 0]

Cheezees: for the first 2 years of the marriage we didnt had enough proof since I was mostly with my child abroad, but when I came back we secured more evidence such as; insurance, tax, bank account

[belinda63 3,022]

Look at this from their point of view. You married him and as soon as you got your green card you left for two years. You didn't return until it was time to remove conditions. Add in the fact that you have left him since the ROC was denied and want a divorce. So from 2010 to now you lived together as man and wife for like two years? You are going to have a really hard time convincing an immigration judge that USCIS erred in their decision. Even with an abuse waiver you still have to prove it was a real marriage and you have failed to do that twice so far.

[Transborderwife 4,666]

Look at this from their point of view. You married him and as soon as you got your green card you left for two years. You didn't return until it was time to remove conditions. Add in the fact that you have left him since the ROC was denied and want a divorce. So from 2010 to now you lived together as man and wife for like two years? You are going to have a really hard time convincing an immigration judge that USCIS erred in their decision. Even with an abuse waiver you still have to prove it was a real marriage and you have failed to do that twice so far.

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