roc Help and advice please

[A1987WA 11]

35 minutes ago, Lemonslice said:

Just divorce and file to remove the conditions.

No need to show proof of abuse, abandonment, infidelity, etc.  The divorce waiver just need you two to be divorced and have entered the marriage in good faith/had bona fide relationship.

I love her truly; I just want her to come back with love and respect as before. But the more I am trying the more she is walking far. Her all words in one line: JUST STAY AWAY FROM MY ROAD! I really tried to prepare myself for divorce; but my love to her stopped me. And divorce waiver gets refused alot. If I miss to remove condition then my all educational and property investment will be jeopardized as well. She told me that she will help me to remove condition. But I want her as wife; not as condition remover. She said it like: I want to give you a good life. Just guess how pathetic it is. Does divorce waivers really get approved? Based on my given evidences?

 

[A1987WA 11]

17 minutes ago, mindthegap said:

Firstly, calm down.

 

The divorce waiver is available to anyone.

There is no 'risk' associated as such, as divorce petitions are still adjudicated on the evidence provided - you are just completely removing the USC spouse from the filing and the entire process from then onwards. The only requirement is that divorce proceedings have formally commenced, and that they are final before a final adjudication by USCIS (which can involve an RFE and other delays).

 

Your evidence list looks fine to me.

 

 

By the way, threatening someones immigration status 'unless xxx', has been demonstrated, as well as plenty of other types of behaviour, to be suitable for an abuse waiver. Proving this on the other hand....not so easy, but as you say you have psychiatrist reports, police records, documented threats and phycological tortures, you may well have a provable abuse waiver case.

 

 

 

I love her truly; I just want her to come back with love and respect as before. But the more I am trying the more she is walking far. Her all words in one line: JUST STAY AWAY FROM MY ROAD! I really tried to prepare myself for divorce; but my love to her stopped me. And divorce waiver gets refused alot. If I miss to remove condition then my all educational and property investment will be jeopardized as well. She told me that she will help me to remove condition. But I want her as wife; not as condition remover. She said it like: I want to give you a good life. Just guess how pathetic it is. Does divorce waivers really get approved? Based on my given evidences?

[mindthegap 2,605]

But hang on, one of your pieces of evidence in your list is:

 

Copy of Divorce petition and Divorce decree

 

Are you currently divorced, or not?

 

[A1987WA 11]

6 minutes ago, mindthegap said:

But hang on, one of your pieces of evidence in your list is:

 

Copy of Divorce petition and Divorce decree

 

Are you currently divorced, or not?

 

I am not divorced; but I warned her: If she keeps on acting like this and staying separate, maintaining communication with her Ex then I will file for divorce coz I can never tolerate seeing my wife doing all these stupid staffs. 

[A1987WA 11]

Just now, A21 said:

I am not divorced; but I warned her: If she keeps on acting like this and staying separate, maintaining communication with her Ex then I will file for divorce coz I can never tolerate seeing my wife doing all these stupid staffs. 

And She warned me: If you think about divorce thats up to you; but also think you need me to make your future at USA!!! Horrible

[Lemonslice 4,968]

36 minutes ago, A21 said:

And She warned me: If you think about divorce thats up to you; but also think you need me to make your future at USA!!! Horrible

We get it, you're horrible to each other.  Divorce, move on.

[Starkilla09 366]

4 hours ago, A21 said:

And She warned me: If you think about divorce thats up to you; but also think you need me to make your future at USA!!! Horrible

USCIS is not marriage police. They do understand that many marriages will result in divorce even with the best of intentions, that's why they have that divorce waiver provision in the INA. What they care is if the marriage was originally entered in good faith and the beneficiary can demonstrate documentary wise. You have a good amount of evidence, and you'd be surprised how many people get approved on divorce waivers on this forum even without interviews after self petitioning to remove conditions.  Abuse is the option though that's difficult to overcome and is ill advised, as it's hard to demonstrate abuse to a certain standard to make it severe. So if this is what's making you scared no need be file for divorce and move on. On the other hand if you love your wife and want to take the heat you're also free to do so. You'll be the one to make either choices ultimately.

Edited June 26, 2017 by Starkilla09

[A1987WA 11]

8 hours ago, Starkilla09 said:

USCIS is not marriage police. They do understand that many marriages will result in divorce even with the best of intentions, that's why they have that divorce waiver provision in the INA. What they care is if the marriage was originally entered in good faith and the beneficiary can demonstrate documentary wise. You have a good amount of evidence, and you'd be surprised how many people get approved on divorce waivers on this forum even without interviews after self petitioning to remove conditions.  Abuse is the option though that's difficult to overcome and is ill advised, as it's hard to demonstrate abuse to a certain standard to make it severe. So if this is what's making you scared no need be file for divorce and move on. On the other hand if you love your wife and want to take the heat you're also free to do so. You'll be the one to make either choices ultimately.

I am trying all best; but slowly I am getting hopeless on her as INFIDELITY already appeared. Though she does not want to confess clearly but I can feel she is in something with her EX and this has been going for last four months(I came to know a month ago only). Any way, honestly I do love her and I gave my all efforts to live happy. But I could not make it successfully. I am very unfortunate to see my so beloved wife talking me so horrible, avoiding me and being so nice with someone else (Her ex). She just broke me psychologically, turned me an alcoholic within a month and just simply gave me a feeling as TRASH. I never BELIEVE she could do something like that. Anyway.. 

[2far 185]

I think it's time to stop worrying about what your wife may or may not be doing.  It's obvious that this marriage is heading for divorce.

Everything she and her friends are saying about not being able to remove conditions on your own are not true.

You seem to have plenty of evidence on joint finances, and there is no reason to include any of these: 

Ø  Prescriptions from psychiatrist regarding mental abuse
Ø  Our thousands chats and texts during relation
Ø  Proof of psychological tortures
Ø  Proof of abandonment
Ø  Proof of threats
Ø  Proof of infidelity

--------------------------------------

Have you filed the I-751 yet?

If you have not filed, when are you eligible to file it?

 

 

[A1987WA 11]

2 minutes ago, 2far said:

I think it's time to stop worrying about what your wife may or may not be doing.  It's obvious that this marriage is heading for divorce.

Everything she and her friends are saying about not being able to remove conditions on your own are not true.

You seem to have plenty of evidence on joint finances, and there is no reason to include any of these: 

Ø  Prescriptions from psychiatrist regarding mental abuse
Ø  Our thousands chats and texts during relation
Ø  Proof of psychological tortures
Ø  Proof of abandonment
Ø  Proof of threats
Ø  Proof of infidelity

--------------------------------------

Have you filed the I-751 yet?

If you have not filed, when are you eligible to file it?

 

 

My CG expires September 2018. We are not divorced yet. I am trying to save my marriage but the only problem- She wants to join her Ex-BF and already abandoned home, showing her EX that she is ready for him, left me and honestly when we were at marriage counseling she just say every single time- I AM NOT COMFORTABLE TO LIVE WITH HIM, I WANT TO STAY SEPARATE. I AM SCARED OF HIM. I never did anything to her to be scared of me; I guess she is scared of what she has been doing for last four months and me finding out that. I am just worried about residency because in last three years I made my all set up to settle life at USA. My Doctoral program is running and will take till 2021 to finish. She knows that as well and she said me: I AM NOT DIVORCING YOU BECAUSE I WANT TO GIVE YOU A GOOD LIFE. I have all these evidences; even evidences of calling 911 when she beat me because I took her phone and found chat with her EX! Sorry to say all these- I have no one else at USA, just her and my in laws family. Even they are not cooperating because she misinformed them about me like I torture her financially; I pay nothing that much and She is not comfortable. Though all those are lies. She already gave me an affidavit just to get rid off me!! How horrible 

20 hours ago, A21 said:

Me and my spouse are not in any position to fight and scream each other. She is threatening me now about I-751 petition. Summary: She messed us with her Ex when I was out of town and now she does not want to confess or does not want to continue; she already left our home. It is my real and true marriage; But I can not tolerate her infidelity, cruelty and actions outside of marriage as a wife. She even now started telling me: I need her to remove my condition; so for that I need to keep quiet and not to tell her parents anything about her all mess that she did. She presented me to her parents: I left her alone in town, she was paying everything, I don't care her financial needs or I am not caring. All are lied and she does not want me to blow up her cover and show her parents her real things that she did. She said: If u want divorce go for it or wait till u remove condition. I did not marry her for Green card; so how can I hold this dead horse for my condition removal? Some of her friends scared me: USCIS will never remove condition if you get divorce and have no evidence of ABUSE from her. But I have my self respect, I can not tolerate all these any more. Here is the list what I have:

Evidences:

Ø  Copy of Cond. GC Self

Ø  Copy of Passport Self & USC Spouse

Ø  Copy of DL Self & USC Spouse

Ø  Certified copy of Marriage Certificate

Ø  Copy of Divorce petition and Divorce decree

Ø  Copy of Birth Certificate Self & USC Spouse

Ø  Joint lease and rent payment receipts

Ø  Joint Light Bills

Ø  Joint water bills

Ø  Joint Cell phone bills

Ø  Joint bank A/C 1

Ø  Joint Bank A/C 2

Ø  One joint credit card statement

Ø  Joint Vehicle insurance

Ø  Joint two vehicles

Ø  Joint motor loans

Ø  Joint 2 years Tax returns & certificates

Ø  Our Pictures

Ø  Affidavit from roommates

Ø  Affidavit from USC spouse

Ø  Affidavit from mutual friend

Ø  Affidavit from neighbor

Ø  Affidavit from land lord

Ø  Receipts of marriage counselling

Ø  Certificate of marriage counselor

Ø  Communications with marriage counselor- Two counselors

Ø  Prescriptions from psychiatrist regarding mental abuse

Ø  Our thousands chats and texts during relation

Ø  Proof of psychological tortures

Ø  Proof of abandonment

Ø  Proof of threats

Ø  Proof of infidelity

Ø  Police report of her abandoning home

Ø  My complete long statement saying all details from beginning to reasons for divorce

Based on all these; Can any one honestly advice me if I can take risk of filing I-751 with divorce waiver? Help please; I can not see my wife going out with  that guy anymore. It is extremely insulting and pathetic for a husband who gave her all his heart and love. 

 

My CG expires September 2018. We are not divorced yet. I am trying to save my marriage but the only problem- She wants to join her Ex-BF and already abandoned home, showing her EX that she is ready for him, left me and honestly when we were at marriage counseling she just say every single time- I AM NOT COMFORTABLE TO LIVE WITH HIM, I WANT TO STAY SEPARATE. I AM SCARED OF HIM. I never did anything to her to be scared of me; I guess she is scared of what she has been doing for last four months and me finding out that. I am just worried about residency because in last three years I made my all set up to settle life at USA. My Doctoral program is running and will take till 2021 to finish. She knows that as well and she said me: I AM NOT DIVORCING YOU BECAUSE I WANT TO GIVE YOU A GOOD LIFE. I have all these evidences; even evidences of calling 911 when she beat me because I took her phone and found chat with her EX! Sorry to say all these- I have no one else at USA, just her and my in laws family. Even they are not cooperating because she misinformed them about me like I torture her financially; I pay nothing that much and She is not comfortable. Though all those are lies. She already gave me an affidavit just to get rid off me!! How horrible 

[2far 185]

You missed my point.

You have plenty of evidence to remove conditions with a divorce waiver.

 

Just file for divorce, and when it is final, then apply to remove your conditions with the divorce waiver.

[Auds 223]

Listen to 2far, you will be fine.

 

and she may be a complete lowlife but dont blame her for becoming an alcoholic its a choice you make.

 

My story is full of torturing mind games, abuse that beggers belief - spanned a very long time.  if i turned to alcohol i would not blame him.

 

stay sober and get on.

[A1987WA 11]

3 hours ago, Auds said:

Listen to 2far, you will be fine.

 

and she may be a complete lowlife but dont blame her for becoming an alcoholic its a choice you make.

 

My story is full of torturing mind games, abuse that beggers belief - spanned a very long time.  if i turned to alcohol i would not blame him.

 

stay sober and get on.

I am trying to get back on life and gather everything to prepare myself for ROC by myself. But I am still confused about whats going on! All these happened so quick like within four months; I have all evidences of communication how it started and how the relation turned bad from February 2017. Interestingly; She is also now confused if she is doing it right walking towards someone else. In the mean time; her all attitudes and abandoning home grinned my life and my trust on her. Idk if it will be wise from my side to file for divorce by myself coz then USCIS may say: You gave her divorce, You broke the marriage. I am like in middle of fire. Plus if USCIS ask me: You are no longer married to USC; So why you need to continue residency? You can go back to your country. 

6 hours ago, 2far said:

You missed my point.

You have plenty of evidence to remove conditions with a divorce waiver.

 

Just file for divorce, and when it is final, then apply to remove your conditions with the divorce waiver.

I am trying to get back on life and gather everything to prepare myself for ROC by myself. But I am still confused about whats going on! All these happened so quick like within four months; I have all evidences of communication how it started and how the relation turned bad from February 2017. Interestingly; She is also now confused if she is doing it right walking towards someone else. In the mean time; her all attitudes and abandoning home grinned my life and my trust on her. Idk if it will be wise from my side to file for divorce by myself coz then USCIS may say: You gave her divorce, You broke the marriage. I am like in middle of fire. Plus if USCIS ask me: You are no longer married to USC; So why you need to continue residency? You can go back to your country. 

[A1987WA 11]

6 hours ago, 2far said:

You missed my point.

You have plenty of evidence to remove conditions with a divorce waiver.

 

Just file for divorce, and when it is final, then apply to remove your conditions with the divorce waiver.

I am trying to get back on life and gather everything to prepare myself for ROC by myself. But I am still confused about whats going on! All these happened so quick like within four months; I have all evidences of communication how it started and how the relation turned bad from February 2017. Interestingly; She is also now confused if she is doing it right walking towards someone else. In the mean time; her all attitudes and abandoning home grinned my life and my trust on her. Idk if it will be wise from my side to file for divorce by myself coz then USCIS may say: You gave her divorce, You broke the marriage. I am like in middle of fire. Plus if USCIS ask me: You are no longer married to USC; So why you need to continue residency? You can go back to your country. 

[A1987WA 11]

If any GENUINE LAWYER/ SOMEONE REAL WITH REAL EXPERIENCE read my post please respond- Thanks ahead!

 

Since I post before about my falling marriage; its already in a point where I am now feeling that I am just losing self respect and getting nothing from the relation. Long story short- Married 10/2015 after 7 months dating, Got CG 09/2016, Our problem started 03/2017 and from then she started all the way changing herself, she abandoned home 05/2017 and on 06/2017 I figured out her on-going communication with her Ex-Bf! Anyway, we went for marriage counseling and everything possible; I guess she just went there to show me she is loyal! She came to know about mine knowing her correspondence with her ex and after that she started turning rude. I went to see that guy just to talk and tell him about their doing mistakes. After that my sweet wife came home, behaved me extreme rude and choked my neck in front of neighbors (I have the police report coz a neighbor called police) . She complained neighbors about me that I abused her financially (Asking her to be tight within budget), I put her down and disrespect her (Asking her to develop her grades and on 2nd semester I said- What Stupid result babe!! All C grade and D grade? ), I don't give her freedom (Becasue I ask her all the time where she goes and what she is doing when I am out of home). I know I was tough because I was serious and always cautious about relation. Long story again short- She is pushing me for divorce coz she wants to be free! Even when she abandoned home she told me to give her some space and she will file for Joint I-751 and she may reconsider coming back and glue up the relation. But after my discovery about her issues with her ex-bf- All she wants just to get rid off me! I know that guy through someone; he is just ruining her life, misguiding her extremely and pushing her even to give me divorce and move with him. All our common friends warned her- That guy is misguiding her; but she does not want to listen anyone. I am feeling sick with all these. I do love her truly and she knows it very well. She now says me: Why you are so worried about status? I was on F1 visa, switched to CR after marriage and she knows all. But she talks like a way she does not know anything and expects me to BEG her POLITELY. 

Honestly I can not beg because she is the woman whom I gave everything honestly. I just enrolled in PhD and its just my 1st year. My CG expires next 08/2018. I sold my property in country and invested here at USA- In car, In investment, In education. I am just feeling like ripped off for nothing and facing all these weird situations. I talked to few lawyers; all of them said- Yes Yes You can ROC by Yourself with Good faith Waiver after divorce. But they also added a line: BUT IT IS EASY IF YOU CAN STAY IN RELATION AND FILE JOINTLY! I don't know Why the talk of EASY through JOINT FILING comes if I can ROC by myself with Proper EVIDENCE? My evidences are: 2 years Joint Tax return, Joint Lease, Joint Light and Water, 2 Joint Cars, 2 Joint Bank Account, Joint Vehicle Insurance (WE NEVER HAD HEALTH INSURANCE FOR FINANCIAL HARDSHIP), Family T-Mobile Plan including me-my wife-her two brothers; Pictures, Marriage Certificate, Numerous Chats-Texts-Emails, Some affidavits from common friends, neighbors and one from her, Some expensive gifts like DSLR Camera, Laptop, Ring, Birthday gifts papers and receipts; Marriage counseling papers and My Psychiatrist prescription during my extreme depression when she left home and I found her contacts with her Ex. 

These all I have. Today is her birthday! She does not even want to see me where I know she is not at her parent's home. I feel she is not in our relation since she already stepped out too much. She wants to scare me talking about divorce but when I told her about Divorce by myself- both times she looked tensed and dumped. So I am pretty sure- She is not 100% confident to leave our relation but somehow she tangled up with that guy. I just don't want to lose my education and professional life (3 years to finish my PhD at least) along with personal life (divorce with her). And I can't tolerate something more from her side any more- Its enough dishonesty and inappropriate attitude from a wife!

Any honest and knowledgeable advice or comment will be appreciated regarding ROC with Good faith waiver or Abuse Waiver. - Regards

Edited July 9, 2017 by A21