Joint I-751 vs Divorce Waiver

[Xsprkl 1]

Is it correct (as I read somewhere, on the endless web, on a lawyer's website) that the burden of proof to disprove bona fide marriage in joint I-751 ROC petitions is on the court (if it gets that far), while with a divorce waiver the court makes a far more subjective decision, that is less fact-based? In short, is it true that the joint petition for ROC is essentially facts and evidence based, and that the divorce waiver petition is harder to achieve because it's more based on impressions than hard evidence?

 

I am very familiar with the process and know that narratives and hard evidence can make a big difference with waiver petitions. 

 

My backstory: I entered into a genuine, good faith marriage with a USC after 15 months of dating, and successfully adjusted my status. I received my conditional GC 7 months ago. Some very upsetting domestic scenes have led me to realize that I don't want to have children with my husband, and this has damaged our intimate life (I am no longer comfortable being intimate with him). He is emotionally controlling and sometimes emotionally abusive, but a) I'm highly unlikely to ever press charges against him, because I love him and the cards are already stacked against him as a man of color with prior felony convictions for DUIs, in a conservative Christian state and b) there is unlikeyl to ever be enough evidence for an abuse-based waiver. Plus I still love him, as might be evident. 

  I can easily see myself staying with him long term, but feel I owe it to both of us to give us a shot at being happier single or with someone else. I do love him. I know this wil be repugnant to a lot of you, but I am deciding whether or not to intiate a conversation with him about whether or not we should stay together (given that I am unlikely to become sexually available to him again), and need to understand my legal options for staying in the US first. 

  I''m not asking for moral judgment of my situation - I'm heartbroken for both of us - but just trying to understand how much more likely I am to lose my entire life in the US if we end up deciding to split.

 

A note on either waiver petition: I have spoken to a lawyer who thinks I have a decent case. I have a lot of evidence of our bona fide marriage. We have a lot of financial intermingling although we do not own any joint assets. The biggest problem with regard to evidence  would be that we both work all the time and don't socialize with others together  (both of us are depressive introverts!) so letters from friends who socialize with us as a couple are almost impossible.

 

 

[Harmonia 211]

You don't need letters from friends for ROC. Our ROC didn't have any letters, and affidavits in general are not as strong of evidence compared to financial comingling. That's what you should focus on collecting. Joint bank statements, shared health insurance, life insurance policies with each of you as the beneficiary, joint renter's insurance if you don't own a home, a joint lease, rent receipts, joint cell phone plan. Many utilities, at least in my state, will only put 1 person on the account, so don't stress if you can't get that.

[Xsprkl 1]

You know, that's what I've read all over these forums. But two lawyers I've spoken with have said that letters are crucial. Maybe they are helpful in avoiding interviews

[Xsprkl 1]

9 hours ago, Harmonia said:

You don't need letters from friends for ROC. Our ROC didn't have any letters, and affidavits in general are not as strong of evidence compared to financial comingling. That's what you should focus on collecting. Joint bank statements, shared health insurance, life insurance policies with each of you as the beneficiary, joint renter's insurance if you don't own a home, a joint lease, rent receipts, joint cell phone plan. Many utilities, at least in my state, will only put 1 person on the account, so don't stress if you can't get that.

Also, its helpful to read that you didn't have letters

[Harmonia 211]

16 hours ago, Xsprkl said:

You know, that's what I've read all over these forums. But two lawyers I've spoken with have said that letters are crucial. Maybe they are helpful in avoiding interviews

Very few people get interviewed. Its unusual.

 

Letters can be faked. How does USCIS even know the people who write the letters exist? Or, if they're your friends/family, how can they be trusted? They're not impartial sources. Hard facts like bank records and joint insurance policies are most important. Focus on that. 

[Xsprkl 1]

Notarized letters can't be faked without committing perjury. Anyway, I'm applying for a divorce waiver where interviews are 90% the norm

 

[Harmonia 211]

On 4/17/2017 at 0:37 AM, Xsprkl said:

Notarized letters can't be faked without committing perjury. Anyway, I'm applying for a divorce waiver where interviews are 90% the norm

 

All notarization does is verify the identity of the person. It doesn't verify the information.

 

I can write a letter, prove my identity to a notary public, but the letter contents can be fake. 

 

[Xsprkl 1]

That's correct, but then you've perjured yourself, which is a major problem.

On 3/7/2017 at 0:01 PM, Harmonia said:

 

 

Edited April 24, 2017 by Xsprkl

[nightingalejules 678]

8 hours ago, Xsprkl said:

That's correct, but then you've perjured yourself, which is a major problem.

 

This is kind of irrelevant, but a letter (even an "affidavit letter" in the context of an immigration application) is not considered to be sworn testimony, thus not subject to perjury laws. This is why "affidavit letters" are not considered to be primary evidence by USCIS.