roc Help and advice please

[aleful 1,905]

hi

 

it isn't a good faith waiver, it is a divorce waiver, for that you have to divorce, or you file yourself as divorced or you are together and both sign the form and prove bona fide marriage, which is not possible since you don't live together

 

so start by filing divorce

 

 

Edited July 9, 2017 by aleful

[Lemonslice 4,968]

Same answer as your (multiple) previous threads.  

 

 

 

[A1987WA 11]

Me and my spouse are in a bad situation where she filed for divorce 07/08/2017. She is completely acting like what her father wants and her father wants to buy a home under her name soonest and wants her to be free from relation and affidavit of support. Our relation went bad from 03/2017 and now it is completely destroyed. I have all convincing and strong evidence to support my Bonafide marriage. I am now in conditional residency; and whatever I just came to know- Since she can't withdraw I-864 after approval of I-485 so someone told her to write up INS or USCIS about withdrawal her entire file. I never did anything bad in relation; so she can not put me in any extreme fault line as per my belief. Now I don't know what evidence she will create. Honestly I lost my all trust on her as per her last 3 months quick changes and behaves. She probates and reprobates; she gave me a complete feeling of real life Tom&Jerry game. Even she is asking me to pay for her divorce and lawyers cost! I did nothing where she walked out from relation, hooked up with someone, hide it from her family, influenced her father to help her with divorce, lied to every one and I have all the proofs. I just said- I dont want to fight, I want peace. If you don't love me I don't want to keep you in ties of anything. I am now scared what she can do through I-864 withdrawal or her entire petition withdrawal during my this conditional residency? All her acts have been completely inhumane and extreme brutal. Please help.

[Transborderwife 4,666]

If you have a greencard, you may file ROC on your own with a divorce waiver 

[Pinkrlion 2,724]

Get a lawyer divorce and move on.  Texas is a big community property state.  

[Russ&Caro 1,549]

As advised above, get a lawyer, divorce her and remove conditions on your own via a divorce waiver.

 

Also, she obviously isn't aware of what she signed in her affadavit of support. Once you have a green card, the i-864 cannot be withdrawn. The affadavit is in force until you work 40 consecutive quarters, gain citizenship or voluntarily abandon your green card

 

Good luck.

[Ontarkie 14,502]

~~Another thread merged. You have been warned to stop making threads for the same topic. Any further threads from this day will result in suspension.~~

[mindthegap 2,605]

1) LEARN TO USE PARAGRAPHS

2) Gather any important, original, or relevant documents that you may need for your I-751 before they can be removed, concealed, or maliciously destroyed.

3) Go see a competent divorce lawyer. 

4) File your I-751 with divorce waiver. As divorce has legally commenced, you are divorce waiver eligible &  she has no involvement in this process from this point onwards.

5) Pay no attention to her threats to withdraw the I-864 - she can't, even if you are divorced (a common assumption).

6) move on with your life

7) Heed the moderators warnings and stop posting duplicate, rambling threads.

 

[Dianalorena 1,153]

First you need to relax. You opened a bunch of threads, you're clearly panicking and I get it! but the only thing you can do is what has already been advised: gather all your evidence, hire a lawyer, divorce, and ROC on your own. Immigration is not easy, I know it stresses and frustrates us all, but we still have to abide by their rules and understand that, after all it's us asking to be welcomed and to stay in a foreign country, and they are letting us, through a process. But you have to tray to stay calm, since it can not only harm your process, but your health. Good luck!

[A1987WA 11]

16 hours ago, Dilorena said:

First you need to relax. You opened a bunch of threads, you're clearly panicking and I get it! but the only thing you can do is what has already been advised: gather all your evidence, hire a lawyer, divorce, and ROC on your own. Immigration is not easy, I know it stresses and frustrates us all, but we still have to abide by their rules and understand that, after all it's us asking to be welcomed and to stay in a foreign country, and they are letting us, through a process. But you have to tray to stay calm, since it can not only harm your process, but your health. Good luck!

Yeah...honestly I am tensed. I am confident as well because my all and everything is true and based on honesty. I was searching for I-751 waiver approval history but found very little of them and dated around 4-5 years ago. And majority of approved cases were based on VAWA or petitioners were Female. Thats why I am little tensed about recent approval data or posts. Anyway; any advice welcome.

[Dianalorena 1,153]

2 hours ago, A1987WA said:

Yeah...honestly I am tensed. I am confident as well because my all and everything is true and based on honesty. I was searching for I-751 waiver approval history but found very little of them and dated around 4-5 years ago. And majority of approved cases were based on VAWA or petitioners were Female. Thats why I am little tensed about recent approval data or posts. Anyway; any advice welcome.

I see a lot of people going through it on their own  after a divorce.  As you know, to qualify for this waiver you'll need proof of the divorce, and that your marriage was entered in good faith, kids birth certificates if you had them, I've heard of even affidavits from marriage counselors/therapists  who tried to help, (don't know how much these help) and the usual financial co mingling: records showing that you shared bank accounts and debts, joint leases or mortgages, and all that jazz. Proving that your relationship was real again might be a hassle, but it doesn't mean that you're out of options. I wish you the best! 

 

[A1987WA 11]

28 minutes ago, Dilorena said:

I see a lot of people going through it on their own  after a divorce.  As you know, to qualify for this waiver you'll need proof of the divorce, and that your marriage was entered in good faith, kids birth certificates if you had them, I've heard of even affidavits from marriage counselors/therapists  who tried to help, (don't know how much these help) and the usual financial co mingling: records showing that you shared bank accounts and debts, joint leases or mortgages, and all that jazz. Proving that your relationship was real again might be a hassle, but it doesn't mean that you're out of options. I wish you the best! 

 

I have lot evidences honestly; but just scared what if USCIS says why u wanna stay if u r not married? Go back papppa

 

[Villanelle 4,122]

Hi

 

I got your message but Im responding to you here if thats okay. 

 

You are obviously very stressed and need to calm down. Tons of people file with waivers. Both male and female. Its harder to find in the forums as most people make threads when they are facing an unusual situation. Waivers for ROC are very common. 

 

You mentioned the 3 possible waivers. Divorce, abuse and extreme hardship. You can pick more then one however whatever you pick you have to PROVE, so picking more then one means you have to prove them both. Forget about extreme hardship. No one files under that unless they have no choice. Its very hard to demonstrate extreme hardship. For that you would need an attny and a variety of proofs that are hard to come by.

 

So you are left with divorce waiver and abuse waiver. For a divorce waiver you simply show proof of bonafide marriage and the final divorce decree. For abuse waiver you show proof of bonafide marriage and proof of abuse. Proof of abuse means police reports for physical abuse (which Im unsure if you have) OR for mental abuse -psych evaluation along with your own statement and possibly proof of meds for anxiety or PTSD or major depression. . If you file under abuse and are approved you can naturalize at the 3 yr mark. If divorce waiver then you wait until 5yr mark. 

 

I do not know if you have proof of abuse or not. If you do, you dont HAVE to file as abuse, you can file under divorce. As for the comments about switching from abuse to divorce if abuse isnt approved, its not that easy. Some people file under abuse or abuse + divorce and then get a multi page RFE from USCIS explaining what kind of things are needed to be approved for divorce. When they realize they dont have proof at the level USCIS is looking for they request to switch to a divorce waiver. Its USCISs discretion to let you switch or not. If they say no you have to refile and pay again. You may end up in immigration court and would need an attnys help also.

 

From what you listed you have plenty of bonafide marriage proof. Like others have stated not everyone has every item. You submit what you have. On the bank statements you can highlight or add an explanation page detailing transactions.  Meaning show bills came out of the account and personal purchases for you both. The divorce decree is also a strong piece of bonafide relationship evidence because it will show and break down all your joint assets and debts. In order to avoid problems with USCIS you can not have the divorce granted on grounds of fraud or your abandonment of the marriage. Do you have a divorce attny yet? If not try and get one. Your spouse is obviously very spiteful and will probably try to take you for all she can in the divorce. Make sure you understand everything in the divorce and agree to it. If you and she cant decide the judge will. 

 

You just need to decide which way you want to file- divorce, abuse or divorce +abuse.

 

 

[A1987WA 11]

1 hour ago, Damara said:

Hi

 

I got your message but Im responding to you here if thats okay. 

 

You are obviously very stressed and need to calm down. Tons of people file with waivers. Both male and female. Its harder to find in the forums as most people make threads when they are facing an unusual situation. Waivers for ROC are very common. 

 

You mentioned the 3 possible waivers. Divorce, abuse and extreme hardship. You can pick more then one however whatever you pick you have to PROVE, so picking more then one means you have to prove them both. Forget about extreme hardship. No one files under that unless they have no choice. Its very hard to demonstrate extreme hardship. For that you would need an attny and a variety of proofs that are hard to come by.

 

So you are left with divorce waiver and abuse waiver. For a divorce waiver you simply show proof of bonafide marriage and the final divorce decree. For abuse waiver you show proof of bonafide marriage and proof of abuse. Proof of abuse means police reports for physical abuse (which Im unsure if you have) OR for mental abuse -psych evaluation along with your own statement and possibly proof of meds for anxiety or PTSD or major depression. . If you file under abuse and are approved you can naturalize at the 3 yr mark. If divorce waiver then you wait until 5yr mark. 

 

I do not know if you have proof of abuse or not. If you do, you dont HAVE to file as abuse, you can file under divorce. As for the comments about switching from abuse to divorce if abuse isnt approved, its not that easy. Some people file under abuse or abuse + divorce and then get a multi page RFE from USCIS explaining what kind of things are needed to be approved for divorce. When they realize they dont have proof at the level USCIS is looking for they request to switch to a divorce waiver. Its USCISs discretion to let you switch or not. If they say no you have to refile and pay again. You may end up in immigration court and would need an attnys help also.

 

From what you listed you have plenty of bonafide marriage proof. Like others have stated not everyone has every item. You submit what you have. On the bank statements you can highlight or add an explanation page detailing transactions.  Meaning show bills came out of the account and personal purchases for you both. The divorce decree is also a strong piece of bonafide relationship evidence because it will show and break down all your joint assets and debts. In order to avoid problems with USCIS you can not have the divorce granted on grounds of fraud or your abandonment of the marriage. Do you have a divorce attny yet? If not try and get one. Your spouse is obviously very spiteful and will probably try to take you for all she can in the divorce. Make sure you understand everything in the divorce and agree to it. If you and she cant decide the judge will. 

 

You just need to decide which way you want to file- divorce, abuse or divorce +abuse. 

 

 

Its a WOO experience to read your post, really amazing and informative. I have a police report (joint) where she also accused I scratched her hands! But I will get affidavit from neighbors about that incident when she hit in my neck because of her madness- I told her I will go to your parents and I will blow your real cover; you lied to them and everyone about me just to establish your abandoning home for some other unknown reasons and you are seeing guys from Craigslists as well on top of your Ex-BF!! I have Psychiatrist prescription for medicines of Depression, Anxiety and Insomnia. Plus I have conversation record where she said: 'Look, how you expect to fix the relation? I already started beating you!' I have counselors communication (emails) and most importantly I have our communication which clearly shows how the relation took a sudden change in 3 months where she has been completely irresponsible and ignorant even during our final exams. I have emails and appeals to school where I dropped the summer courses because of all these hassles and could not get refund of tuition. I have data of her calling Police and also texts threatening me about calling Police if I go to see her parents. Even her manager at Walmart and our neighbors told me that she told them in around March 2017 I left her alone, and will never come back!! She abandoned home in May 2017. So that proves her different intentions and pre-planned as well. I have evidences; and most importantly I have been always Honest and decent. I don't know if these are enough to place a very strong case. Can I get abuse waiver with police reports, medicines prescriptions, emails of counselors only? Or I need psych evaluation mandatorily? How I can get psych evaluation?

[A1987WA 11]

2 hours ago, Damara said:

Hi

 

I got your message but Im responding to you here if thats okay. 

 

You are obviously very stressed and need to calm down. Tons of people file with waivers. Both male and female. Its harder to find in the forums as most people make threads when they are facing an unusual situation. Waivers for ROC are very common. 

 

You mentioned the 3 possible waivers. Divorce, abuse and extreme hardship. You can pick more then one however whatever you pick you have to PROVE, so picking more then one means you have to prove them both. Forget about extreme hardship. No one files under that unless they have no choice. Its very hard to demonstrate extreme hardship. For that you would need an attny and a variety of proofs that are hard to come by.

 

So you are left with divorce waiver and abuse waiver. For a divorce waiver you simply show proof of bonafide marriage and the final divorce decree. For abuse waiver you show proof of bonafide marriage and proof of abuse. Proof of abuse means police reports for physical abuse (which Im unsure if you have) OR for mental abuse -psych evaluation along with your own statement and possibly proof of meds for anxiety or PTSD or major depression. . If you file under abuse and are approved you can naturalize at the 3 yr mark. If divorce waiver then you wait until 5yr mark. 

 

I do not know if you have proof of abuse or not. If you do, you dont HAVE to file as abuse, you can file under divorce. As for the comments about switching from abuse to divorce if abuse isnt approved, its not that easy. Some people file under abuse or abuse + divorce and then get a multi page RFE from USCIS explaining what kind of things are needed to be approved for divorce. When they realize they dont have proof at the level USCIS is looking for they request to switch to a divorce waiver. Its USCISs discretion to let you switch or not. If they say no you have to refile and pay again. You may end up in immigration court and would need an attnys help also.

 

From what you listed you have plenty of bonafide marriage proof. Like others have stated not everyone has every item. You submit what you have. On the bank statements you can highlight or add an explanation page detailing transactions.  Meaning show bills came out of the account and personal purchases for you both. The divorce decree is also a strong piece of bonafide relationship evidence because it will show and break down all your joint assets and debts. In order to avoid problems with USCIS you can not have the divorce granted on grounds of fraud or your abandonment of the marriage. Do you have a divorce attny yet? If not try and get one. Your spouse is obviously very spiteful and will probably try to take you for all she can in the divorce. Make sure you understand everything in the divorce and agree to it. If you and she cant decide the judge will. 

 

You just need to decide which way you want to file- divorce, abuse or divorce +abuse.

 

 

Regarding abuse waiver I have

> a Joint Police report where we both accused each other; but i have the true statements from neighbors as affidavits that she beat me infront of them. 

> Prescription from Psychiatrist for medicines of anxiety, depression and insomnia

> Emails and correspondence with two marriage counselors which significantly proves my all pains started from March 2017 

> Proof of her continuous ignorance to my texts and calls while I was living Dallas

> Conversation record where she admitted about beating me

> Correspondence with school and school counselors regarding dropping courses for all these hassles

Are all these sufficient for applying ABUSE waiver?