Is there any statute of limitation on I-751 waiver based on cruelty?

[tenino 0]

My gc about to expire. I been through lot in marriage. I feel I should tell my story. I should get abuse waiver. My in-laws are very crazy. Out to do anything in they power. I am so lonely and alone and I don't have any help and support. Its very embarrassing, and painful to go over everything again and again and document and consult with lawyer and I don't have enough time. I am scarred that if I do alone and I say something and visa officer can blow it out of proportion and then gonna use against me so I control my emotions so I decided to file good faith waiver ASAP with joint bills and stuff.

I don't have enough time and money to consult lawyer and see pychologist to pursue abuse waiver. But at some point in time I may have to explain what happend in marriage.

I read somewhere there is a limitation of 2 years from the date of abuse to file extreme cruelty waiver, and by the time I gather enough paperwork and get proper consultation, I may end up outside 2 year window.

After filing good faith waiver can i file later extreme cruelty waiver if they ask for more proof. But I am afraid it will be more than 2 years and then I can not do it and then can not tell my story and how they hurt me.

At the moment I have package ready for good faith waiver, so there is one more question regarding that. I am only including cover later and I am not putting up an story or statement of sort coz I want to later keep an option open for abuse waiver and I don't want to put anything that might end up incriminating me.

Please help, I apologize if I am sounding very confusing as my thoughs are very disoriented.

[NikLR 13,227]

It's easier to just file with a divorce waiver than trying to prove abuse.

Leave, file for divorce, and ROC BEFORE your green card expires.

[tenino 0]

I apologize. I forgot to mention that divorce is finlized.

[NikLR 13,227]

Then ROC with a divorce waiver. Abuse is very hard to prove, good faith marriage is not comparatively.

[tenino 0]

but I am afraid, if i give documents of good faith marriage, how can i explain why i was divorced. Although I did not file divorce, how does I make put two and two togather.

[tenino 0]

does anyone know if i i haave right information or not? is there any statute of limitation that abuse waiver can not be filed 2 years after abuse?

[NikLR 13,227]

but I am afraid, if i give documents of good faith marriage, how can i explain why i was divorced. Although I did not file divorce, how does I make put two and two togather.

You were in an unhappy marriage. Obviously you were. You entered the marriage in good faith. You didn't get along with your in-laws. They were abusive towards you. Your marriage ended (doesn't matter who ended it.. it's done.)

Abuse is hard to prove because you'll need police reports, psychiatric evaluations, etc... It requires a lot of evidence meanwhile if you co-mingled your finances and tried to have genuine marriage (not a GOOD marriage, a genuine marriage) that's easier to prove.

That doesn't mean the abuse didn't happen or that you shouldn't bring it up at an interview. But I would not suggest filing an abuse waiver.

You're asking a legal question we can't answer. We can tell you how to file immigration proceedings. Anything else requires a lawyer.

[Villanelle 4,122]

You were in an unhappy marriage. Obviously you were. You entered the marriage in good faith. You didn't get along with your in-laws. They were abusive towards you. Your marriage ended (doesn't matter who ended it.. it's done.)

FYI abuse cant be by the inlaws for USCIS purposes. Must be the USC or LPRs alien spouse, the alien parent of a USC in case of the elderly, and for children the child of a USC or LPR.

[EM_Vandaveer 2,408]

Look at it like this:

for a divorce waiver, you have to prove bona fide marriage & divorce.

For an abuse waiver, you also have to prove bona fide marriage BUT you have to prove abuse as well. Why make it harder on yourself?

Just file the divorce waiver, plenty of people do it. As long as you can prove co-habitation & co-mingling of finances for the duration of the marriage, you'll be fine.

[Raccoon_CA 5]

but I am afraid, if i give documents of good faith marriage, how can i explain why i was divorced. Although I did not file divorce, how does I make put two and two togather.

The fact that you got divorced does not mean that your marriage was not entered in good faith. What matters is your intent at the time you were married, and to show that you did not create this marital union to gain an immigration benefit. The circumstances that occurred after that won't affect your case.

You need to file a divorce waiver and I would strongly encourage you to also check the extreme cruelty box. Extreme cruelty is challenging to prove, but it doesn't necessarily means that you need a lawyer or that USCIS won't believe what you have been through, as long as you are honest and truthful about the facts. I would highly recommend that you write a detailed declaration explaining chronologically what happened. If the police was ever called subsequent to a domestic incident with your spouse, try to obtain a copy of the police report. There may be some resources in your state where you can seek free therapy services and obtain a psychological report for no charge depending on your current situation. Other examples of strong evidence would be a restraining order, photos of body scars or bruises due to an assault by your spouse, or threatening text messages or emails from your spouse or his family.

As for the deadline, you have 90 days prior to expiration of your conditional residence to submit Form I-751, regardless of the waiver you choose. Beyond that, your status as a U.S. resident will be terminated.

If you fail to meet the above deadline, you still have 2 years from the date your divorce was finalized to file a VAWA petition (Form I-360) and prove extreme cruelty.

I am really sorry to read about your hardships and hope things will eventually get better. Good luck and be safe.

[Hypnos 6,576]

You can file an I-751 under a waiver of the joint filing requirement at any point before you are removed from the US. In practice this means before you are ordered to appear in immigration court.

This is stated in the I-751 instructions.

[tenino 0]

FYI abuse cant be by the inlaws for USCIS purposes. Must be the USC or LPRs alien spouse, the alien parent of a USC in case of the elderly, and for children the child of a USC or LPR.

Thank you all for your response. I apologize for delay in response. I don't have steady internet. I try to check as much as I can.

Thank you for clarification, I am gonna keep that in mind in how I am explaining in my statement. It was USC. In-laws always on standby and making threats but USC was main.

[tenino 0]

The fact that you got divorced does not mean that your marriage was not entered in good faith. What matters is your intent at the time you were married, and to show that you did not create this marital union to gain an immigration benefit. The circumstances that occurred after that won't affect your case.

You need to file a divorce waiver and I would strongly encourage you to also check the extreme cruelty box. Extreme cruelty is challenging to prove, but it doesn't necessarily means that you need a lawyer or that USCIS won't believe what you have been through, as long as you are honest and truthful about the facts. I would highly recommend that you write a detailed declaration explaining chronologically what happened. If the police was ever called subsequent to a domestic incident with your spouse, try to obtain a copy of the police report. There may be some resources in your state where you can seek free therapy services and obtain a psychological report for no charge depending on your current situation. Other examples of strong evidence would be a restraining order, photos of body scars or bruises due to an assault by your spouse, or threatening text messages or emails from your spouse or his family.

As for the deadline, you have 90 days prior to expiration of your conditional residence to submit Form I-751, regardless of the waiver you choose. Beyond that, your status as a U.S. resident will be terminated.

If you fail to meet the above deadline, you still have 2 years from the date your divorce was finalized to file a VAWA petition (Form I-360) and prove extreme cruelty.

I am really sorry to read about your hardships and hope things will eventually get better. Good luck and be safe.

Thank you sympathatic words and encouragement.

[tenino 0]

Thank you all good members of this community for your helpful support and advise and helping clear my head.

conditional gc expiring in two weeks. tomorrow sending good faith waiver documents.

I will start with abuse paperwork once I get extension. In hurry it gets difficult to even look at anything and think coherent. I tried two three times and get my tshirt wet in night. But I want to face it once if needed and be prepared in time.

Text and email in foriegn language and I also have some voice recordings in foreign language. I never called cops.

[tenino 0]

Does anyone know how to check if you are in removal proceedings coz there is a question in form that ask if you were ever been in removal proceedings.