i751 waiver interview went bad.

[verysunny 0]

Hello Im new here and I want to share my story, its a little complicated not to say messed up. I feel so sad and depressed that Id like to share this with someone and get some advice besides get a lawyer which I am doing now and I know already. And because I feel terrible alone with this.

I had my interview for the i751 divorce waiver last monday Nov, 02 and I think it well pretty bad.My marriage was legit, but my exhusband was a real bad person and still.

We got married in 2010 in my country then waited 1 year and a half for me to be able to move to USA and lived as a married couple 2 years and a half, because that year 2014 he withdrew the joint i751 and I had to file a divorce waiver. I didnt know he did it, it was in a moment of anger, and then we both especially him tried to undo it but it was impossible and thats when we realized there was no solution for what he had done, so when I got letter from USCIS telling me about it I knew he had done it and I did what the letter said, which was wither appeal which was too late or divorce waiver and I did it, since it was a moment of anger from my ex, he calmed down and spoke to me so we continued and I forgave him as stupid and blind in love woman, I always forgave everything he did, because I loved him to death and still do. He did a lot of bad things to me, many threats, with police, immigration , deportation, many insults things like that yelling, then he wanted to fix all and I was so stupid to do it because of love. I was arrested for domestic violence because he set me up, told the police I scratched him and he cut his face and accused me so I went to jail for 20 hours then charges were dissmissed becasue of him, and then he called police for the same reason but this time he cut his stomach to make it look like I tried to stab him which I never did and this time police cauth him lying and almost arrested him but didnt happen because of lack of evidence. and I have that record where police explains all that and that he tried to make me go to jail for a crime I didnt do. he tried to do it a few more times but never succeed again, he was always verbally abusive and drinks a lot. I letf a few times to give each other time and it worked things got better but after some time it was almost the same. after we divorced, which we never planned on it, we continued together, and do the waiver to be together and I dont get deported, since it was a bad mistake from him. So we continued living together but divorced and I filed the waiver on august 11, 2014 and got the interview nov 02, 2015. It went bad, he didnt come with me, and I thought he didnt have to since its a waiver, plus I got all the marriage evidence that I sent but this time the original papers, and went. when this woman realized I still live in the same address it was like a red flag for her, but I explained, she had a hard time believing me, and couldnt believe we are still together and that we divorced instead of refile as marriage which I didnt know I could, I just did what the letter I got said and I told her and she said nothing. Then asked me about him I said since its a waiver we thought he didnt have to plus he coudnt and some health issues he has, she said he should have been there, which was a bad thing too, and then the fact I didnt have evidence from after the divorce, I didnt know I had to, because it was a waiver and its supposed to be all about the marriage, and I got and gave her the copies of that but she didnt want it, it was all good, but she focused on our life after divorced and together, I couldnt believe it, plus he sent numerous letters, and made calls to USCIS on my back, whenever he was stressed or angry at me, saying how bad person I am, how psycho, and fraudulent, which is not true at all. that was another terrible thing. I told her its not true, and I said to ther how bad he was but that we tried to fix all and move on because we love each other, which is true, but she said if he loved you he would be here sitting next to you explaining to me that those things he sent here were a mistake. also she said he buried me really well with what he sent she took copie of the police record where almost he got arrested which is so clear what he tried to do to me, plus ther arrest one, and I told her I was a month at a shelter, and thats where they got me that police record of what he did accusing me of stabbing him. She was having a hard time at the end and the interview lasted 1 hour and 20 min, at the beggining I noticed she wanted to deny me right away but she spoke to me more and then knew about my situation and how was all and how bad he is, so then she was a little bit more considered with me and was trying to help me out, I noticed despite how mean she was, that she was trying to find a way to help me but found no way to approve me taht day and told me, he is not there, now those letters he sent, lack of evidence of after divorce, and didnt take my photos, never fingerprinted me or made sign nothing. which I think is very bad sign. She said she was having a hard time, its like it was 50/50 and i was feeling so bad and exhausted that I wanted to give up because I thought she was going to deny me, and I asked her, am I going to get denied right? she said no, I need more time to do some research, look further, and call him,, she asked me 3 times if its ok for me that she call him to verify info, and what I said I said yes, and at the beggining she made me sign a paper explaining about fraud, that if I lie or Im fraud, there is a huge fine and 5 years in jail, and at the end I signed what she asked me and my answers, that got me scared to death. then she said she would send me a letter with the decision in the next 30 days, but I think thats a denial, I hope not I hope she asks me for evidence. or something but I honestly doubt it, I dont want to be deported, I suffered so much for this, and the marrriage was real and I have and still am in love with that guy. its all horrible and unfair, I feel lost and alone. Can someone give me any advice? also one friend told me that its not fair that she focused only on the time since we got divorced and not the marriage because thats what waivers are about and why USCIS cares about what we do after we divorce? that must not be on the law either, that we need evidence after we divorce too. Maybe is that true? All my ex wanted is get me deported and hope he does not get that done. Also Im surprised she didnt deny me right away, but decided to wait and study my case further, and do research she said, but again, she didnt ask me for neither photos, figerprints, nor signature. Please I need advice, Im getting a lawyer too of course. Thanks for reading my story.

[Elf 146]

- Moved from Removing Conditions General discussion to Effect Of Major Family Changes On Immigration Benefits - question is about filing for ROC with divorce waiver with several complications -

[oceanborn 33]

Firstly, sorry to hear about your experience - it sounds like you had a really rough time.

There are certainly numerous red flags in your application, it's not at all a surprise the interview went the way it did. You need to lawyer up ASAP, especially (and I sincerely hope it won't) if it turns into a denial.

IF it does turn into a denial letter from USCIS, that's not the end of the road (and this is where the lawyer part is critical). You WILL have the opportunity to be heard before an immigration judge, who will have the final say in whether your case is adjudicated or not. At the same time, you have the right to re-file the I-751 if, for example, you had filed jointly and that was the interview you were called in for (in which case, appearing without the spouse was almost a guaranteed denial).

Right now, you need to be researching the best immigration lawyers in your area. They will be costly, but the experience they will bring will be invaluable to you over the next weeks and months.

[verysunny 0]

Oceanborn, thank you so very much for your response, yes, I guess all I have to do for now is wait, and look for a good lawyer, I really appreciate your answer and that you took the time to read my story. Have a great day!!

[verysunny 0]

Nigeria_USA I respect your opinion, not everyone thinks the same and you dont know me or what happened to me with my ex, so thats fine, I am not perfect and never said so, but what I have been through is just something that only my family, friends and God know.

Anyway, why you say you are sure I will be approved? You really think so? My case is really complicated.

[HUCKERMAN26@ 1]

I wish you the best ??????what state you in? I got a friend whit seme history she apply again and then get aproved I think you be fine ??????????

[Ontarkie 14,445]

~~Inappropriate post removed. Stick to answering the question or do not post.~~

[military-wife 9]

There are red flags in your case, but if she said she will call your exhusband to verify what you said and he doesn't contradict anything you said, I think you will be OK. The interviewer needs to make sure that this is not a fraud case. Maybe they will ask both of you to come for a second interview? Just look at your options, consult a lawyer. Stay positive! Good luck

Edited November 8, 2015 by military-wife

[Villanelle 4,122]

You havent got many responses to your thread and its really not surprising. Most people probably just dont know what to say...

So lets start with the big elephant in the room. Your husband is abusive. You can acknowledge this right? Your post talks about verbal abuse plus I dont even know what to call it- abuse of the legal system? He tried to get you falsely arrested... Hes called and written USCIS multiple times and told them lies about you in order to sabotage your legal status here. Your husband cut himself in order to try to frame you for a crime. How much more clear can it be? He is unstable. Why in the world are you still with him???

You have a very passive personality and probably suffer from low self esteem. Its evident both by the story you told and by the response you gave here to a nasty post- you replied politely and continued to try to engage in conversation with the poster.

You divorced not because you had enough of the abuse but because the USCIS paperwork told you it was the only option to ROC. You were in a shelter. Didnt they give you counseling? Did they not advise you to NOT return to your spouse/ex spouse?? Sigh. But thats neither here nor there at this point.

Look I know its very scary. Its very hard for some women to leave an abusive partner. But I believe you know deep inside its the right thing to do. You need to find the strength to make it happen.

As for your ROC-- well its no surprise it went the way it did. Im sure the officer is struggling with the fact that you stayed with all the abuse going on. Most people can not understand that besides other victims of abuse who understand the complexities of the situation. Im talking about being in love with someone and accepting the abuse.

Whats going to happen now is as explained they are reviewing your case. They will attempt to speak with your ex and confirm things. If they can do so- well they will probably approve you because it is not a crime to voluntarily live with an abusive partner. Its very sad but its allowed otherwise all victims would be forcefully removed and they are not.

As to the fact that they focused on after the divorce... Well with immigration everything is an open book. There is nothing off limits. You need to prove you the marriage was in good faith and nothing you did was for benefits. This is where it gets sticky because you divorced because of the ROC. So one can argue your relationship is still standing and you simply filed divorce paperwork to get the benefit/making you eligible for the waiver. But the whole thing is very sticky because divorce waivers are allowed. So is getting back together.

Im sure the officer is questioning and researching the matter. Because again when the joint application was withdrawn you had the option of filing with a divorce waiver or an abuse waiver. You chose the divorce waiver. She was also correct that you couldve simply refiled a joint application. You did create quite a mess so they need time to figure things out.

In my personal opinion they are going to take a bit of time reviewing this. If your husband cooperates and answers all the questions giving the same story as you- well you probably be approved. You do meet the definitions for the waiver and all the requirements.

However if by the odd chance they decide not to believe you or him or he doesnt cooperate they can deny it. You would then need to get an immigration attny and appeal. Its not like you are denied and thats it youre out of luck and will be deported. You will get an opportunity to plead your case to a judge.

In regards to immigration- all you can do now is wait.

For your personal life- well you need to seek out a consular. You are a victim of abuse and need help. Talking with someone can help you figure out why you are staying in abusive relationship. It can also help give you the strength to leave it.

[Zats&Bryan 30]

Im sorry to hear about this. As many have stated, you will need a good and experienced immigration lawyer. I do not know how your relationship with The Lord is, but I advise you to pray for His help. He can help you overcome not just this immigration matter but also your current situation. You do not have to endure abuse because of love. Trust me. It will only get worse without counseling or psychological help for your ex. Good luck. I will be praying for you.

Im sorry to hear about this. As many have stated, you will need a good and experienced immigration lawyer. I do not know how your relationship with The Lord is, but I advise you to pray for His help. He can help you overcome not just this immigration matter but also your current situation. You do not have to endure abuse because of love. Trust me. It will only get worse without counseling or psychological help for your ex. Good luck. I will be praying for you.

[Eric-Pris 1,607]

I think the problem that the interviewer had/is having, is that you divorced but yet you still live together? And you filed a waiver instead of re-filing jointly? Those are big issues. Hopefully, your (ex?) husband verifies all that you told her.

I would wait for a decision and then get a lawyer, if you are denied. And if you look for one, make sure it's a lawyer who has experience dealing waivers, not the typical immigration lawyers, who is also a personal injury and medical malpractice lawyer. You need a good immigration lawyer with experience specifically dealing with waivers.

Good luck.

Edited November 10, 2015 by Eric-Pris

[verysunny 0]

I think the problem that the interviewer had/is having, is that you divorced but yet you still live together? And you filed a waiver instead of re-filing jointly? Those are big issues. Hopefully, your (ex?) husband verifies all that you told her.

I would wait for a decision and then get a lawyer, if you are denied. And if you look for one, make sure it's a lawyer who has experience dealing waivers, not the typical immigration lawyers, who is also a personal injury and medical malpractice lawyer. You need a good immigration lawyer with experience specifically dealing with waivers.

Good luck.

Yes I think so too, its a complicated case.

You are right, I will just do that, wait.

Thank you so much!!

[verysunny 0]

Im sorry to hear about this. As many have stated, you will need a good and experienced immigration lawyer. I do not know how your relationship with The Lord is, but I advise you to pray for His help. He can help you overcome not just this immigration matter but also your current situation. You do not have to endure abuse because of love. Trust me. It will only get worse without counseling or psychological help for your ex. Good luck. I will be praying for you.

Im sorry to hear about this. As many have stated, you will need a good and experienced immigration lawyer. I do not know how your relationship with The Lord is, but I advise you to pray for His help. He can help you overcome not just this immigration matter but also your current situation. You do not have to endure abuse because of love. Trust me. It will only get worse without counseling or psychological help for your ex. Good luck. I will be praying for you.

I know I need a good and experienced lawyer.

Im leaving in a few weeks my ex, I cant deal with him anymore, he asked me to try things out but sends USCIS letters saying Im fraud and other things on my back, its the last straw.

I have a good relationship with God, and Im praying yes, Im psychologically good, Im fine.

I really appreciate your answer, thank you so much!!

[verysunny 0]

There are red flags in your case, but if she said she will call your exhusband to verify what you said and he doesn't contradict anything you said, I think you will be OK. The interviewer needs to make sure that this is not a fraud case. Maybe they will ask both of you to come for a second interview? Just look at your options, consult a lawyer. Stay positive! Good luck

Yes indeed there are red flags, but marriage was legit, I guess its going to be hard to prove I dont know. But she gave me a hard time about my life with my ex after the divorce so I dont know now. Yes I think so too Ill see if she calls him and then things get better. I was thinking about the 2nd interview, maybe.

Thank you very much for your answer!!!

[verysunny 0]

I wish you the best ??????what state you in? I got a friend whit seme history she apply again and then get aproved I think you be fine ??????????

Thank you very much!!! I am in Florida, wow reallly? same story ? thats surrising to me because my case is so bad. I wish I get approved, again, thank you so much!!!