I 751 abuse

[KierenHby 899]

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.

This 'abuser' is the reason she's in the US, and until any divorce, he will continue to be her husband. As a legally married couple (however volatile that relationship), nothing wrong with trying to seek counseling. Foreign nationals often times aren't familiar with the counseling option.

People can change, granted not all, when confronted with stark options like divorce.

[Ebunoluwa 6,136]

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

What do you mean he did fraud with you ?

[Macarena 6]

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

Did you attach examples of these documents? If you did not, please start collecting them and putting together just incase you get an RFE. You should have included a detailed personal statement detailing all these:

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.

-nolo.com

Do you have photos of injuries, police reports when you called the police, threatening emails, broken personal stuff..just any documentary evidence. If did not send, just keep them ready as you will need them.

[Ebunoluwa 6,136]

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.

She can file and mark the box 'divorce' and submit the final divorce decree later. The divorce does not need to be final at the time of filing.

I am not discouraging her, where do you get that from ?

He does not need to grant her a divorce, she can file now with or without his approval. Once the divorce filing is in motion as I said the

final decree can be submitted later, depending on the timing with an RFE response.

OP, you can integrate into American culture and live just fine as a divorced woman here, you are no longer in India.

This ancient oppressing way of thinking is not benefiting you. Empower yourself. It is YOUR choice, nobody else's if you

want to remain married to an abuser or live your life the way you see fit. Life is too short for putting "culture" ahead of happiness.

Free your mindset.

[Cheezees 1,514]

She can file and mark the box 'divorce' and submit the final divorce decree later. The divorce does not need to be final at the time of filing.

I am not discouraging her, where do you get that from ?

He does not need to grant her a divorce, she can file now with or without his approval. Once the divorce filing is in motion as I said the

final decree can be submitted later, depending on the timing with an RFE response.

OP, you can integrate into American culture and live just fine as a divorced woman here, you are no longer in India.

This ancient oppressing way of thinking is not benefiting you. Empower yourself. It is YOUR choice, nobody else's if you

want to remain married to an abuser or live your life the way you see fit. Life is too short for putting "culture" ahead of happiness.

Free your mindset.

This^^^^ and this, again!

[Macarena 6]

She can file and mark the box 'divorce' and submit the final divorce decree later. The divorce does not need to be final at the time of filing.

I am not discouraging her, where do you get that from ?

He does not need to grant her a divorce, she can file now with or without his approval. Once the divorce filing is in motion as I said the

final decree can be submitted later, depending on the timing with an RFE response.

OP, you can integrate into American culture and live just fine as a divorced woman here, you are no longer in India.

This ancient oppressing way of thinking is not benefiting you. Empower yourself. It is YOUR choice, nobody else's if you

want to remain married to an abuser or live your life the way you see fit. Life is too short for putting "culture" ahead of happiness.

Free your mindset.

So what if she does not get a divorce in time for the interview?

[Singhpreet 1]

Yes I have submitted all documents at the time of filing like police report and his traveling ticket and boarding pass when we went to our country and we he alone came back and etc

[Ebunoluwa 6,136]

So what if she does not get a divorce in time for the interview?

Filing an I-751 With a Divorce Waiver

For instructions on how to complete Form I-751, see “Filling Out USCIS Form I-751, Petition to Remove Conditions on Residence (Line by Line).” In order to file a Form I-751 with a waiver based on divorce, you must submit your completed and signed petition along with the following:

• Filing fee or, if you can’t afford to pay the fee, Form I-912, Request for Fee Waiver (For a list of current USCIS fees, see www.uscis.gov/forms.)
• A copy of your permanent resident card (front and back sides)
• A copy of the divorce decree or annulment document that ended your marriage (if available; if not, evidence that the divorce proceedings are underway)
• Evidence that the marriage was genuine. For a list of documents that conditional residents have used to prove that their marriage was entered into in good faith, see: “Submitting Evidence of Good Faith Marriage With Form I-751.”

If you cannot wait to file the I-751 until your divorce is final (as might be the case if the two-year deadline is about to expire or if you are already in removal proceedings), USCIS gives you a little bit of a break. USCIS will accept your I-751 without evidence of a final divorce, and then send you a “Request for Evidence” asking for the final divorce decree within 87 days.

Divorce proceedings can take several months or longer if contested, but 87 days might be enough time to get the final divorce decree.

OP has the abuse basis already in motion so if there is enough evidence then she can be successful. I do not know where she is timewise

but if the conditional card expires soon and the husband contests (assets, children etc) then it can take longer and she may or may not get

an extension per divorce waiver. The ideal thing would have been to divorce long before the deadline to file ROC approaches.

[Macarena 6]

Yes I have submitted all documents at the time of filing like police report and his traveling ticket and boarding pass when we went to our country and we he alone came back and etc

I think you will be fine. Keep the hope

[Singhpreet 1]

What if my husband file for Divorce but I didn't give any response than according to my case is that uscis will ask for final divorce decree or not

[Singhpreet 1]

Hi everyone,

It's being 3 months I am done with fingerprints.. Anybody can tell please how long more it will take.

Thank you

[EM_Vandaveer 2,408]

ROC can take long. If you sent it to Vermont Service Center, then even longer than CSC (California).

About one year tops, although there are folks here on VJ who have been waiting for longer.