Jump to content
Singhpreet
 Share

27 posts in this topic

Recommended Posts

Singhpreet Contributor

Singhpreet   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

Hi I need a advice as I file I 751 abuse in June and am done with fingerprints but m not divorced because it's being 1 year we r seperated..

Thank you

Link to comment
Share on other sites
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

What is your question?

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Link to comment
Share on other sites
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Why not just file for divorce and apply with a divorce waiver? That way you can get rid of the loser and get your 10-yr greencard.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Link to comment
Share on other sites
Singhpreet Contributor

Singhpreet   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
  • Author
Posted

I already filed my case through a lawyer on the basis of i 751 abuse by US citizen and my lawyer said its not that important to get divorce because I don't want to give divorce to my husband and I never receive divorce papers from my husband. Now it's being 2 months I am done with my biometrics so can you please tell me is there will be any problem in getting my 10 yr gc. I attached one detailed affidavit in my file explaining how I entered a good faith marriage and how it ended because my in laws were too bad they gave me such a hard time. One day they throw me out of house and from that day m seperated from them.

Link to comment
Share on other sites
Macarena Contributor

Macarena   6

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Your lawyer is correct. You don't have to be divorced to file an abuse waiver. However, you will need a lot more than one detailed statement:

Proving Battery and “Extreme Cruelty” for This Waiver

What USCIS considers to be battery is straightforward: physical violence committed against you by your spouse. This can include punching, slapping, pushing, any other infliction of bodily injury, and forced sex.

USCIS defines “extreme cruelty” to be nonviolent abuse that your U.S. citizen spouse intentionally inflicted upon you in order to dominate, control, or humiliate you. The following are some examples of behavior that conditional residents have used to prove “extreme cruelty,” but every person’s case is different and this list is not exhaustive:

  • Threatening to report you to USCIS or any other government agency, or a refusal to jointly file Form I-751 with you.
  • Threatening to divorce you, especially if divorce is taboo in your culture or religion.
  • Threatening to physically hurt you or your loved ones, especially if done in order to put you in fear of your spouse.
  • Invading your privacy in order to control you, including reading or intercepting your mail and emails, monitoring your phone calls and computer usage, and snooping in your personal belongings.
  • Withholding money or food from you as punishment or to control you.
  • Not allowing you to contact your family or friends or associate with them.
  • Taking away your means of transportation or important documents (for example, your driver’s license or passport) in order to keep you from leaving the home.
  • Intentionally destroying or disposing of your personal property.
  • Repeatedly exhibiting uncontrollable anger or screaming, even knowing that this behavior would hurt and upset you.
  • Name calling and making cruel insults (both in public and in private) to humiliate you.

You will need to provide as many details and specific instances of your spouse’s abusive actions and how these actions hurt you and controlled your life. It can be painful and emotionally difficult to recount instances of this behavior, but it is necessary in order to convince USCIS to grant you a waiver.

You will need evidence to prove that you were a victim of domestic violence, so you should ideally provide more than just a personal statement. Official reports from police and medical personnel, medical records and photographs of injuries, and affidavits from social workers and school officials are excellent evidence. You can also submit affidavits from others who can describe instances of abuse and battering that your spouse inflicted upon you.

http://www.nolo.com/legal-encyclopedia/filling-out-form-i-751-with-waiver-based-abuse-battering.html

Link to comment
Share on other sites
KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

I already filed my case through a lawyer on the basis of i 751 abuse by US citizen and my lawyer said its not that important to get divorce because I don't want to give divorce to my husband and I never receive divorce papers from my husband. Now it's being 2 months I am done with my biometrics so can you please tell me is there will be any problem in getting my 10 yr gc. I attached one detailed affidavit in my file explaining how I entered a good faith marriage and how it ended because my in laws were too bad they gave me such a hard time. One day they throw me out of house and from that day m seperated from them.

Why wouldn't you divorce that loser if he's so bad? Sorry but your posts make it sound like you're more interested in a 10 yr GC than saving your marriage. Have you two tried counselling?

Are you from the Punjab? I've seen several posts on numerous online forums about abuse claims in that community.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites
Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

It makes no sense to me why your lawyer filed on a basis of abuse instead of with a divorce waiver.

You can file and be approved with a divorce waiver and prove that you entered a good faith marriage.

As was stated you need a lot more to substantiate an abuse case.

So you plan on staying married to an abuser ? Why ? I do not see the point.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Link to comment
Share on other sites
Singhpreet Contributor

Singhpreet   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
  • Author
Posted

My husband did fraud with me he left me alone and took my all stuff with him like passport and green card and than when I came back to my inlaws house they refuse me to enter inside house than I call police and they help me to go inside and than my inlaws said we will see how u can survive alone in this country and my husband said he will not give me divorce and he said I will deport u and u will not get further gc. So after all this I went to lawyer and he suggested me to file I 751 abuse because my inlaws they gave me such a hard time like my husband beats me no food and all.. And yes m from Indian culture and in our culture it's hard for a girl after divorce

Link to comment
Share on other sites
Macarena Contributor

Macarena   6

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted (edited)

It makes no sense to me why your lawyer filed on a basis of abuse instead of with a divorce waiver.

You can file and be approved with a divorce waiver and prove that you entered a good faith marriage.

As was stated you need a lot more to substantiate an abuse case.

So you plan on staying married to an abuser ? Why ? I do not see the point.

You cannot file a divorce waiver if you are not divorced. That is a a fact. So what her lawyer is doing is the right thing. Please do not discourage her.

The abuse waiver is filed if you are still married but your spouse is making it difficult for you to remove conditions jointly and will not grant divorce.

So Singhpreet is on the right path.

Edited by Macarena
Link to comment
Share on other sites
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

My husband did fraud with me he left me alone and took my all stuff with him like passport and green card and than when I came back to my inlaws house they refuse me to enter inside house than I call police and they help me to go inside and than my inlaws said we will see how u can survive alone in this country and my husband said he will not give me divorce You do not need your husband's approval for a divorce in the US. Fire the lawyer if you told him this info and he said "OK, instead we'll file an abuse waiver" and he said I will deport u and u will not get further gc. So after all this I went to lawyer (fire him, seriously, like right now!) and he suggested me to file I 751 abuse because my inlaws they gave me such a hard time like my husband beats me no food and all.. And yes m from Indian culture and in our culture it's hard for a girl after divorce but you're in the US now. Divorce for a woman is pretty sweet actually. Even after the abuse waiver, you planned on staying married to him and alone your whole life (or go back to him???) This makes no sense.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Link to comment
Share on other sites
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Why wouldn't you divorce that loser if he's so bad? My exact sentiments. Sorry but your posts make it sound like you're more interested in a 10 yr GC (There is no shame in being interested in her permanent rsidency, which she is legally entitled to) than saving your marriage. Have you two tried counselling? Never EVER EVER suggest that an abused spouse seek counseling to "save" the marriage to an abuser. NEVER DO IT!

Are you from the Punjab? I've seen several posts on numerous online forums about abuse claims in that community. On this I will keep my mouth shut.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Link to comment
Share on other sites
KCMO Enthusiast

KCMO   84

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

i agree with MACARENA. she says her husband took her gc , passport . uts a clear case of abuse. divorce without mutual consebt can take more time than this abuse waiver. perhaps she will divorce him soon and while her i751 is processing.

i agree with MACARENA. she says her husband took her gc , passport . its a clear case of abuse. divorce without mutual consebt can take more time than this abuse waiver. perhaps she will divorce him soon and while her i751 is processing.

Link to comment
Share on other sites
Singhpreet Contributor

Singhpreet   1

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
  • Author
Posted

I have submitted such evidences like

Joint bank statement

Insurance copies

Affidavits from family members

Wedding photos

Photos from vacations

I have submitted such evidences like

Joint bank statement

Insurance copies

Affidavits from family members

Wedding photos

Photos from vacations

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...