Separated prior removal of green card condition

[hoalhash 5]

 I've been married since oct 2014. I mailed all the forms to remove conditions on my green card with my wife in sep 2017 since my 2 yr green card expires in Nov 2017. In nov 2017 i witnessed a hurting and disrespectful behavior from my wife and decided i had to leave the house and stay with my brother. I am worried that the uscis may call my wife and I for an interview but we are separated.  I don't know what I should do. As i can't afford a lawyer at this particular moment due to loss of job. However I am starting a new job tomorrow.  

 

 

Long short story...my wife and I been having marriage problems. She has trust and insecurity issues that has affected us. We went to counseling in the past. I worked in the oilfield in the past( 2 weeks on 1 week off) and when I am off work I stay at home to spend time with the wife. I don't see my mom and brother often because they live 5 hrs away. When I lost my job in nov prior thanks giving I felt depressed and sad because I loved my job. I decided to go visit my mom for few days since my wife was going to spend thanks giving at her parents in a different city. During that time things were not at best with my wife due to constant trust and insecurity issues from her side. But I still wanted to work things out some how. When I returned to my home from visiting my mom I saw my wife getting ready to go out with her cousin to the club. And my friend already texted me and told me he was going to the same place.  She was going to have a girls night and ill have boys night at the same place. When i went there I saw my wife twerking on the dance floor and other men recording her on the phone and touching her butt. I felt angry and hurt because I didn't like what I was seeing.  I wanted to hurt them but then that is 10 men. What hurt me the most is that she put herself in that situation and did not care about our image as I am a very respectful person( not judging the exotic dancers but everyone is different ). I held my temper and decided to leave for my best sake. I stayed in a hotel and the next day I went home to grabbed my stuff and left.  The environment at home quite uncomfortable due to her bi polar issues. She will suddenly start becoming hostile towards me and accuse me of cheating and etc. Although we've been married for almost 4 years she still don't trust me. I lost many friends because she'd behave in a bad way when we go out in groups. She will say rude things to my friends or ask me why I am looking at their wives and if i f**ked them. It is very embarrassing and with time i began not visting friends because if i go see them she will get angry and say i don't love her and spend time with her and if i take her out she will behave rude and it is embarrassing.  With time my friends stopped inviting me because I tell them i can't see them. Regardless I wanted to save my marriage and work something out with my wife. Perhaps she will change with time but it never happened.  Multiple times she put her hands on me in public because she thought I was talking to other women. For example A woman once asked me for a lighter and I gave her one as I smoke cigg. My wife thought I was flirting but I really did not even say anything to the girl. My wife hit me on my head in public while others were watching. Id just leave and go home because I don't want to make a scene. She would apologize to me and I'd forgive her because I feel bad and don't want to ruin our marriage. There are a lot of stories and it may sound irrelevant to my question but that's in case someone was wondering where I am coming from. My brother suggested that I file a form called vawa but I don't know if  that's the right path at this point of my immigration process.  At the same time I am worried of what she is capable of doing. 

[Villanelle 4,122]

VAWA is a process to get a greencard. You already have a greencard so VAWA does not apply here. You need to remove conditions. Thats the form 751 which you already filled out jointly. You could switch to an abuse waiver but it wouldnt be approved. WHat you describe is abuse however USCIS has its own strict standards of what constitutes abuse and what you described doesnt meet them.

 

So you need to file for a divorce and switch to a divorce waiver. Plenty of topics on VJ about how to do that. 

[tuckin14 58]

I went through an almost identical experience about four years ago.  Here's what I can tell you applied at that time.

 

First and foremost, your burden is to show that you entered the marriage in good faith.  The circumstances of your separation may bear on that, but USCIS is not judging what is an "acceptable" and "unacceptable" reason for a separation.  They will look at the circumstances of the marriage, such as did you live together, comingle your finances, interact with each other's families (as much as is reasonable)?

 

It sounds like you filed a joint I-751.  This may get approved with no further fuss.  At the same time, if your wife advises USCIS that you are currently separated, it becomes much more likely that you'll be called for an interview or at least to submit additional evidence.

 

If you are called for an interview, she must go or you must switch your application from a joint petition to a divorce waiver petition.  You will have to at least have filed for divorce or have a legal separation.  What happened in my case was this (note that I am the US citizen): My wife's case dragged on for almost a year.  I went to USCIS and said I was curious to know what was going on.  The case officer found that my wife's petition was sitting in the service center and had it send to the regional office for action, and she was called for an interivew.  My lawyer told me that all I could accomplish by going was to get into a spitting match, so I told my wife and her lawyer that I wasn't going.  I expected them to ask me if I would pretty please go, but they didn't.  USCIS ruled that because we had neither a divorce filing nor a legal separation that we were still, in their eyes, married.  As the citizen sponsoring the petition did not appear, they ruled that the petition had been abandoned and revoked my wife's green card.  That said, three years later she is still in the USA and working, although I don't really know anything else.  USCIS said she was now a "legal temporary resident."

 

In my case, USCIS's position was fairly clear that anything that smelled of a divorce could trigger a divorce waiver; the divorce didn't have to be close to final.  But if you (a) are called for an interview and (b) your wife doesn't go and (c) you have no divorce pending, you will be denied.

 

Honestly, I didn't read the diary of your marital troubles.  They don't matter.  What matters is that if you need to provide more evidence and your wife has custody of needed records and is uncooperative, you will be handicapped.  If there is an interview and she doesn't attend you need to have initiated divorce proceedings.