Removing condition based on abuse waiver

[Vordana 6]

Is there anyone there that can share their experience filing waiver based on emotional abuse only?

A friend of mine has the required evidence , DV shelter report, mental assessment, written evidence of the husband admitting yelling, name calling, etc. She was diagnosed with borderline anxiety and was prescribed medication by a psychiatrist. She is undergoing individual therapy as well.

Her husband was physically aggressive to her several times, shoved her, threw objects at her. No police report because there was no physical injury yet, so she didnt want to call the police because the husband would not bet arrested. However her husband was threatening her to become violent. She ran away very scared. He has criminal record of his physical aggression to a girlfriend before.

She had her conditional green card for only few months when she fled from her abuser, but immigration counselors and attorneys has told her there is not problem with that as long as she can prove the marriage is bona fide. She has all documents to prove it.

Anyone with a similar experience?

• What happens if a divorce is final between the time she files based on abuse waiver and the time she attends the immigration interview to remove the condition? Does she has to start the process all over again? She is not focusing on divorce now. She is focusing on her emotional well being and getting back on her feet financially because her husband was preventing her from making decent money.
• She was told by a paid attorney that filing both waivers together, divorce and abuse, will make the case stronger because emotional abuse is difficult to prove. Does it make any sense? Isnt emotional abuse serious enough for immigration?

Thank

[Georgia16 2,858]

She already have her GC. She can divorce and file ROC with a divorce waiver and proof of bonafide marriage.

[Vordana 6]

Divorce is imminent; to her being married to an abuser does not make sense. They were married for only 7 months when she had to leave her abuser's house. The entire relationship lasted over a year; but he changed his demeanor as soon as they got married. The abuse was worsening with time.

What if divorce is final before one year marriage? Even if the ground for divorce is cruel treatment. How USCIS will see that. I mean, such a short marriage (it was bonafide thought. I can tell she was very much in love, then really broken. She has all the documents to prove it was bonafide marriage)

Is it actually better to submit I-751 with both waivers, emotional abuse and divorce?

Thanks

[LoveAlways2 90]

As I understand, (and please anyone correct me if I am wrong) for a divorce waiver you need to prove you entered the marriage in good faith (bonafide).

For an abuse waiver, you need to prove both; bonafide marriage and abuse.

I would think that abuse waivers would be used when the evidence for a divorce waiver is not so strong due to the abuse (control of finances and thus not having joint accounts, retention of documents by the abuser, etc) but this is just my opinion.

If I were your friend and I had enough evidence of bonafide marriage, I would just to the divorce waiver.

Divorce is imminent; to her being married to an abuser does not make sense. They were married for only 7 months when she had to leave her abuser's house. The entire relationship lasted over a year; but he changed his demeanor as soon as they got married. The abuse was worsening with time.

What if divorce is final before one year marriage? Even if the ground for divorce is cruel treatment. How USCIS will see that. I mean, such a short marriage (it was bonafide thought. I can tell she was very much in love, then really broken. She has all the documents to prove it was bonafide marriage)

Is it actually better to submit I-751 with both waivers, emotional abuse and divorce?

Thanks

[Vordana 6]

Thanks everyone. All the answers are helpful

She is concerned about the marriage being so short and then using only the divorce waiver. She left the house after only 7 months of marriage and one year of relationship (including the dating months), because she couldn't put up with the constant violent threads, yelling, name calling, crazy making, etc.

For that reason, both waivers look like a reasonable option, but we still need to hear from someone you went trough a similar situation.

[bspouse 1]

I was in the same boat as you friend is.

the list of document I submitted before RFE ( originally )

- police report ( case was not pursued since I didn't cooperated with the DA and wanted to save my USC spouse)

- 2 sentence report from my counselor saying I discussed marital problem and abuse to my counselor

- a personal statement

I got RFE and I did a major revision of my personal statement ( which I believe is one of the most important piece here)

Other things I submitted was ..

- a psychological evaluation from a new counselor who stated that I am suffering from PTSD

- two letters from school officials stating my condition during the abuse period

- three letters from friend with whom I have shared abuse

I got approved two days after they received the RFE response from me.

I am not divorced yet or not even legally separated. technically I am n ot with my USC spouse for more than two years.

and during this time I worked really hard to stabilize my mental and emotional and physical well being . .. this is the most important thing.

God bless your friend or whatever. its hard and really hard but this will all be over.

[Vordana 6]

Hi bspouse

Thanks for your answer.

Was your waiver based on battered spouse (physical abuse) or extreme cruelty (emotional abuse)?

[bspouse 1]

Hi bspouse

Thanks for your answer.

Was your waiver based on battered spouse (physical abuse) or extreme cruelty (emotional abuse)?

extreme cruelty