I-751 extreme cruelty waiver (mental abuse)

[NikLR 13,227]

1 minute ago, littlefrench said:

Thanks for your reply. Can I ask you why you don’t suggest checking both boxes when the instructions specifically say to check all waiver I am eligible for?

Have you ever had any police reports against your ex wife?  Have you ever had her arrested?  Have you ever gone to a shelter?  Have you ever had a restraining order?  

 

If you click BOTH boxes you have to prove BOTH things.  If you click one box you just do one.  Rarely is someone denied roc based on divorce.  Yes you can get roc on your year's worth of evidence.  It won't do anything against her either. She'll be able to petition someone again if she chooses.  I just think you should make it easier on yourself to move on.  Moving on when someone emotionally and mentally abuses us is hard enough without making something harder on yourself that doesn't need to be.  While I haven't been abused by a spouse, I do understand some of what you've gone through and as a warning, I say don't let it consume you. 

[Boiler 45,486]

Because you then have to address both.

[littlefrench 8]

9 minutes ago, NikLR said:

Have you ever had any police reports against your ex wife?  Have you ever had her arrested?  Have you ever gone to a shelter?  Have you ever had a restraining order?  

 

If you click BOTH boxes you have to prove BOTH things.  If you click one box you just do one.  Rarely is someone denied roc based on divorce.  Yes you can get roc on your year's worth of evidence.  It won't do anything against her either. She'll be able to petition someone again if she chooses.  I just think you should make it easier on yourself to move on.  Moving on when someone emotionally and mentally abuses us is hard enough without making something harder on yourself that doesn't need to be.  While I haven't been abused by a spouse, I do understand some of what you've gone through and as a warning, I say don't let it consume you. 

Proving good faith for an abuse waiver is easier than in a divorce waiver. Evidentisry standard applied is same as VAWA.

[Boiler 45,486]

Not sure I have seen someone do this so please keep us updated on how it goes. May benefit someone else.

[littlefrench 8]

6 minutes ago, Boiler said:

Not sure I have seen someone do this so please keep us updated on how it goes. May benefit someone else.

Will do:)

has any of you ever seen someone approved for a waiver that separated after just one month from becoming CR and with auch a short marriage?

(actual divorce was filed 8 months after)

Edited March 14, 2018 by littlefrench
Typo

[Waittrain 17]

5 hours ago, littlefrench said:

Good point. But I haven’t been asked questions about the courtship during my AOS interview. I just provided evidence that we met in March 2015 and Married in January. But not asked what happened in between

You already done with interview?

[Waittrain 17]

3 hours ago, littlefrench said:

Will do:)

has any of you ever seen someone approved for a waiver that separated after just one month from becoming CR and with auch a short marriage?

(actual divorce was filed 8 months after)

You are correct. Even I heard VAWA rules apply for cruelty Waiver.

 

Lot of people got approved, with short marriages if they have credible evidences.

 

I am also in the same boat, waiting for the interview. Fingers crossed!

 

Please keep me posted on your process.

 

When is your Conditional PR expires?

Edited March 14, 2018 by Waittrain

[littlefrench 8]

2 minutes ago, Waittrain said:

You already done with interview?

I was referring to the AOS interview from 2 years ago. I will file for the I-751 waiver next month.

[Waittrain 17]

1 minute ago, littlefrench said:

I was referring to the AOS interview from 2 years ago. I will file for the I-751 waiver next month.

Gotcha!

[NikLR 13,227]

9 hours ago, littlefrench said:

Proving good faith for an abuse waiver is easier than in a divorce waiver. Evidentisry standard applied is same as VAWA.

Ive seen divorce waivers from people who broke up their in laws marriages because the foreign spouse started dating their father in law.  Zero joint anything.  They were successful so... best of luck.  

[EmilyW 1,434]

The advice people are trying to give you is that you seem to have enough evidence to proceed through ROC without extreme cruelty.  That, if your purpose is to ROC, you can do on the basis of having entered into the marriage in good faith alone.

 

If you want to do extra work that won't help your case, no-one will stop you.  

[destinychild1 10]

my i751 abuse waiver was granted without RFE/interview in Sep 2017 based majorly on mental and financial abuse.

 

I see  you have a lot of evidence to prove your mental abuse. USCIS does have high standards to define extreme cruelty but at the same time they do understand each case is unique and case needs to be evaluated on its circumstances and merits.

 

I would strongly recommend to hire a good lawyer who can help you draft your personal affidavit and gather all supporting evidences.

 

Your sure do have a good case for abuse waiver.

 

Benefit of abuse waiver approval is you can file for citizenship with 3 years of residency on GC (unlike 5 years for divorce waiver).

 

Feel free to send me message if you need any additional information of my journey with abuse waiver.

 

Good luck!

[Jaquelly 1,647]

From another standpoint:
 

How can you PROVE that mental abuse caused your depression? What if your depression existed after moving to a new country, leaving your family and friends? You were adjusting to a new life, things started to sour. This is normal.

 

If you check that box, you're going to have to dig deeper and really push for that information. No one here is going to lie to you and tell you it's an easy path to take. Unless you have bonefide evidence, why are you making it harder on yourself?

[NYCruiser 423]

16 hours ago, littlefrench said:

Hello everyone,

 

thank you in advance for the support. I just signed up and I have to say there are a lot of interesting treads on here.

I wanted to ask for some opinion about my ROC case through an I-751 waiver. I am currently being assisted by an immigration attorney. Below some details:

- Same sex couple (two girls).

- I am from France (I am the beneficiary). Living in LA 

- Came to the US in 2014 with a F1 visa.

- Met my wife in March 2015

- Got married in January 2016.

- Moved in together in February 2016

- AOS interview / approval in September 2016

- My wife (USC) moved out in October 2016.

- I am seeing a psychologist once a week since September 2016

- I am seeing a psychiatrist once every three months since January 2017.

- Psychiatrist prescribed me antidepressant (SSRI) to treat my major depression since January 2017.

- Family doctor gave me prescription to treat anxiety, panic disorder, and other depression/stress related symptoms.

- I have about 5 people that will write affidavits declaring they witnessed the abusive behavior.

- Other 5 witnesses will write affidavits only about the good faith of the marriage and confirming that we were living together.

 

I have the following documents: joint bank account, joint debit card statements, joint phone plans, joint bills, both names on life insurance, joint lease agreement with both names and signatures, other documents like pay stubs and emergency contact from work stating married status and both our names, direct deposit for about half of the salary on our joint account. I have text messages, confirming abuse pattern. I have pictures with her and her parents and other family members. 2-3 trips in the US together. Chat history between me and her family.

 

However I have no evidences (besides affidavits) for the courtship period. My divorce was finalized two months ago, so my lawyer is advising to check both boxes, divorce waiver and extreme cruelty waiver. This is because she thinks that with the luck of evidences for the courtship, I would have problem showing the good faith of my marriage. While with the extreme cruelty waiver, the evidentiary standard is different, because they would have to take into account "any credible evidence" for this kind of waiver. And the abuse would also justify the fact that we separated right after I was granted CR status.

 

What is your opinion about this? Anyone went though the same process and had a short marriage like mine?

 

Thanks again

(Same-sex couple here too).

The lawyer seems to be giving you wrong information.The I-751 is from receipt of your Green card (Sept 2016) to until the two year expiry of the Green Card. However, she she moved out the following month, you would have to file using the Divorce Waiver. I don't know about 'expreme cruelty'.

Since the USC moved out, then that is recorded too

[JonasSobieski 17]

7 hours ago, Jaquelly said:

From another standpoint:
 

How can you PROVE that mental abuse caused your depression? What if your depression existed after moving to a new country, leaving your family and friends? You were adjusting to a new life, things started to sour. This is normal.

 

If you check that box, you're going to have to dig deeper and really push for that information. No one here is going to lie to you and tell you it's an easy path to take. Unless you have bonefide evidence, why are you making it harder on yourself?

Came here just to say that.

 

Don't want to come out mean but more than 16 million people in USA suffer from depression and millions of them are on ssri's for treatment of panic attacks and anxiety. Have you actually been medically diagnosed with PTSD? Do you have it in writing from a doctor that your ex caused it? If not, then it's just heresay. Panic attacks, anxiety and depression are natural reactions to stress, excessive worry and in some cases they're hereditary. Women are more prone to them than men. Having that doesn't prove extreme cruelty in the least. It just sucks. Have you been abused physically? Have you ever called the police and have a police report of such?

 

I'm sorry you're going through this but like others said, trying for that waiver is going to be tough to prove and is a gamble at best.