Need a help. Interview is coming a week before Final Hearing of Divorce

[nastyamyr 0]

Hello to everybody!

I have a big confusion about what I should do. May be somebody know the immigration law ways to advice a right decision. I really need it.

I am married to US citizen from July 2011. I got my GC in December 2012. We filed jointly I-751 in September 2014. I got RFE in February 2015 and actually I want to divorce my husband because he is very abusive and I just started to afraid of him. I went to a lawyer that adviced me to stay married but answer on RFE with everything I am going through. The situation with my husband is different because he was in military (so he is a special person in USA), also he got a record of attempting murder ( as he said he got in fight). He is pretty tough sometimes to deal with so I put my whole story on a paper with this record and so on and that's what we sent to immigration. In our family life it didn't go well and I just had a break out. I was so stress and depressed so we separated. I left the US for a few month and actually really had a time for myself. I went to a doctor as well (even if I think I don't need that) because my family was saying I become pretty cruel and nervous. At the end of story I applied for a divorce. He tried to ruin everything but I still could do it because I live in FL.
My final hearing is supposed to happen on 15 on January of 2016 and I got the letter from immigration that I have an interview a week before.
My lawyer is telling me to go on interview with a notice of Final Hearing and bring all the documents I have to support my prove on marriage plus bring up all the problems and translate from my language doctors report of my mental health. I am not crazy but I do afraid to talk to him still I don't know why. Just a fear. H

My lawyer said immigration supposedly will give me 87 days to bring the Final Decision and will convert my Joint I-751 in a Waiver.

Here is coming the question:

- Is it by the immigration law they can not just denied me because I am in a process of divorce (actually 7 days prior Final Hearing which means its over for sure) and have to give me this days for upload and convert my petition
or it depends on a officer and he can just deny my joint petition right away because my divorce is not final and I would need to apply again for a waiver and through everything again?

Another thing what is really bothering me is being alone on interview. My lawyer said you will be fine, you are worry too much. But Hello? Of course I am. So I have an option to go alone

or

taking my lawyer with me (with a separate pay of 1000 dollars of course) but I am not sure what actually role of the lawyer at the interview? Have a feeling of protection (that what I think) or he really can turn something different way or may be I am just again confuse about all of this?

I know this forum helps a lot because a lot of people went through different situation and some really professional advisors are here too I am begging to help me with this situation!

[NickD 203]

May sound like a harsh question, but did you marry your spouse in good faith or just as a means to use him to come here, your first objective is to prove you married in good faith.

Then the reason for the abuse, were you a sweet young thing at home or were you playing around to cause him to be angry. And what was the follow through with the former, did you seek professional help, file a police report or even a restraining order? Do you have witnesses.

One of my wife's friends married a seemingly good guy, but really turned out to be a first class jerk treating this sweet young thing like #######. We were witnesses to this effect, this is the kind of help you need, or otherwise, its just your word against his.

When a marriage turns sour, first thing you do is to resubmit your I-751 with reasons and proof as to why.

[nastyamyr 0]

May sound like a harsh question, but did you marry your spouse in good faith or just as a means to use him to come here, your first objective is to prove you married in good faith.

Then the reason for the abuse, were you a sweet young thing at home or were you playing around to cause him to be angry. And what was the follow through with the former, did you seek professional help, file a police report or even a restraining order? Do you have witnesses.

One of my wife's friends married a seemingly good guy, but really turned out to be a first class jerk treating this sweet young thing like #######. We were witnesses to this effect, this is the kind of help you need, or otherwise, its just your word against his.

When a marriage turns sour, first thing you do is to resubmit your I-751 with reasons and proof as to why.

When I married my husband I was already "here" and the last thing on my mind was to get papers. We are from the same country and actually was planning to live not in US. But he could not get his citizenship back at least faster than 2 years and we decided to stay in US. He applied for me for a GC about a year later. So please don't put on me "hashtag" of using him.

And it is so easy to say just call to police. No I never done that. How can I look in his face after that? He is my husband not a random person that bothering me. I am not trying to put him in jail but looks like in your opinion if marriage turns sour I need to right away try to find a reason or proof for immigration? Immigration was not on my priority list by then. I was trying to be "happily ever after".

But let me give you example my reasons to be mentally unstable depressed nervous or wathever.

1. My husband got attempting murder and domestic battery.

2. I took him out of friends apartment when he was hiding there all in blood after car accident drunk (pretty much DIU) with injured people and escaping hospital because police looking for him. After taking care of some stuff like "Going to his office apartment to through away !!!drugs!!! and calling and screaming at me calling my boss and screaming at him that I need to live my job. My friend help me to reach some kind of apartment and we got in car accident as well. Because we was so nervous and scared cause you don't know ####### is going on.

3. Waiting for judge to decide if your husband will go to jail because he beat somebody so hard that person in coma for over a month.

Do you think its normal marriage life? I started to be very scared for me. Because it can take just 1 time for everything turn very bad.

sorry I am very emotional right now but please don't make your assumptions just because I don't have restricted order.

[nastyamyr 0]

Still need help. :crying:

[belinda63 3,038]

I don't know about converting the I-751 or if you will be told you need to file a new one with a divorce waiver. Anyway what proof of the marriage do you have? Do you have bank statements showing joint accounts, insurance policies with you listed as the beneficiary, joint property, jointly filed taxes, etc.? What proof do you have that this was a real marriage?

[NickD 203]

Not my view, you asked for experience and how the USCIS looks at it/

First and foremost is proof that the marriage was entered into in good faith.

After this actually have three alternatives, marriage simply did not work out, would be an extreme hardship for you to return to your home country, or abuse.

You and your attorney will have to decide this, also can tell you, you would be far better off if your attorney was present with you. They have an entirely different attitude when an attorney is present. And this also holds true for just about any court case in this country. The real problem is trying to find a good one. So why doesn't your attorney want to go in with you?

You also have the opportunity to appeal, you have to be prepared, and a good attorney will guide you through this.

[nastyamyr 0]

I don't know about converting the I-751 or if you will be told you need to file a new one with a divorce waiver. Anyway what proof of the marriage do you have? Do you have bank statements showing joint accounts, insurance policies with you listed as the beneficiary, joint property, jointly filed taxes, etc.? What proof do you have that this was a real marriage?

In total after getting RFE:

- Joint taxes 2012, 2013, 2014

- Joint bank accounts from 2 banks (1st closed in December 2012 another opened in July 2013, actually my husband joint my account because he cant open an account anywhere)

- Renters insurance

- Car insurance

- Medical insurance

- Lease 2014, 2015

- Correspondence (bills, letters from family and so on) + his Military papers + photos (that savvied, after computer disk burned)

- Affidavits from 6 ppl (landlords, neighbors, bosses, friends)

If I am not missing something that's it

[nastyamyr 0]

Not my view, you asked for experience and how the USCIS looks at it/

First and foremost is proof that the marriage was entered into in good faith.

After this actually have three alternatives, marriage simply did not work out, would be an extreme hardship for you to return to your home country, or abuse.

You and your attorney will have to decide this, also can tell you, you would be far better off if your attorney was present with you. They have an entirely different attitude when an attorney is present. And this also holds true for just about any court case in this country. The real problem is trying to find a good one. So why doesn't your attorney want to go in with you?

You also have the opportunity to appeal, you have to be prepared, and a good attorney will guide you through this.

Thank you for all your advices NickD anyway.

My attorney is being separate paid for every thing. He said I can do everything myself on interview. If I want him to go with me it will cost money. A 1000$ its pretty big money to me. And I am trying evaluate what is better or even right thing to do because my case is not easiest at all. I understand that.

And my husband want to go to interview with me. But what we will say that we separated and I am afraid to meet him so we just talk sometimes on the phone. I really started to afraid of him. Sorry

[NickD 203]

Evidence looks good to me, in particular joint taxes and a joint lease.

Other factor in a court of law, very difficult not to get emotional, judge doesn't want to hear that, just as brief as possible, cold hard facts.