Divorce waiver-no joint documents.

[new yorker87 4]

Hello all,

I have a small story ,  i was wondering if there is anyone with a similar situation i can take advise from.

I got married with my USC ex wife in feb 2016 , came to USA in Dec 2016 on CR1 , lived with my ex along with her parents for 2 months before i was forced to move out because of the misbehaviour and  mental torture. Then my ex filed for divorce without my knowledge in april 2017 , finally got divorced in march 2018 . Now the thing is dont have any joint documents , only i have is marriage pics, fb chat and flight ticket. Filed for waiver in may 2018. So in this situation is there any hope of getting approval ?  Anyone in the same boat , kindly share their experience. I would really appreciate.

Thanks

[Lemonslice 4,968]

Did you file taxes together?

[mindthegap 2,605]

I-751s are adjudicated on the evidence provided, regardless of whether joint or waiver filing.

The burden of proof is on you as the petitioning alien.

 

However, should you receive a denial for lack of evidence (and you would more than likely be called to an interview first before this), in court for a removal hearing the burden of proof then switches to USCIS to prove beyond a reasonable doubt that it was not a bona-fide relationship and marriage, and that it was entered into in order to circumvent or evade immigration law. 

 

In your circumstances absolutely anything would be helpful - any photos, chat logs, phone bills, trip tickets, junk mail- absolutely anything that shows any part of a shared life, however minor it may seem.

Edited July 17, 2018 by mindthegap

[new yorker87 4]

No , we didnt filed any taxes together as we lived together for 2 months only . We got separated in March 2017 nd then she stopped communicating with me after that

[new yorker87 4]

To mindthegap,

 

Yes that is true , if i got denied then the burden of proof would be on them . I would be having one more chance .  One thing i have heard is if i got denied then i will be out of status . So in this situation will i also loose my right to work also? And one thing more ,just like a rough idea , how long this limbo situation remains?

And about other evidences i do have is emails , honeymoon pics, fb chat , tons of whatsapp chat as our marriage was arranged one and we had a long courtship period of 1 nd half yr . So we used to communicate mainly thru wtsap. 

[mindthegap 2,605]

1 hour ago, new yorker87 said:

One thing i have heard is if i got denied then i will be out of status . So in this situation will i also loose my right to work also?

 

No. The denial letter states this but it is inaccurate and has no legal basis.

You remain a LPR until status is terminated by an immigration judge.

Case law plus EOIR and USCIS documents clarifying this are around.

 

One thing at a time. Submit everything possible you can and wait and see what happens. 

[new yorker87 4]

To mindthegap, 

 

Yes you are right , not to think too much but  sometimes it is involuntary. 

One thing more i would like to ask is 

Since our divorce was nasty one and she fought with full vengeance ,  i am quite sure she had written letter to uscis making false allegations, although she has no proof . So in your knowledge how bad it can affect my application and is there any thing i can do ? 

Please throw some light on this. 

Thanks and really appreciate your replies.

[littlefrench 8]

On ‎7‎/‎16‎/‎2018 at 5:08 PM, mindthegap said:

I-751s are adjudicated on the evidence provided, regardless of whether joint or waiver filing.

The burden of proof is on you as the petitioning alien.

 

However, should you receive a denial for lack of evidence (and you would more than likely be called to an interview first before this), in court for a removal hearing the burden of proof then switches to USCIS to prove beyond a reasonable doubt that it was not a bona-fide relationship and marriage, and that it was entered into in order to circumvent or evade immigration law. 

 

In your circumstances absolutely anything would be helpful - any photos, chat logs, phone bills, trip tickets, junk mail- absolutely anything that shows any part of a shared life, however minor it may seem.

Hello, sorry to correct you also here and don't take it personally but this is another mistake that many people, not only you, do.

First of all the burden of proof is ALWAYS on the alien, even in removal proceedings. The only thing that changes is that in removal proceedings USCIS has the burden of proof that you are deportable under US immigration law (e.g. you are not a US citizen, you were born abroad, etc.). The alien has still to show that didn't enter the marriage in bad faith. This will be always on the alien. The only time that USCIS has to prove something is in case there is an immigration fraud allegation. Immigration fraud has to be specifically mentioned in your denial and it's not automatic (meaning a denial of your petition doesn't mean that you committed immigration fraud).

Second, in immigration nothing has to be proven "beyond any reasonable doubt". This is not a criminal court so the standard of proof used is usually "preponderance of evidence" or the higher "clear and convincing evidence" (this one is for example for people getting married in removal proceedings). The only situation where something has to be proven beyond any reasonable doubt in an immigration related case, is during a criminal denaturalization action.

 

Hope this helps

[mindthegap 2,605]

Are you stalking me or something?

This is the second post of mine today on the same subject that you have erroneously stated the information I have posted is incorrect.

 

It isn't, despite my wrong usage of the term 'reasonable doubt', as it broadly amounts to a similar standard as preponderance of evidence, or clear and convincing evidence, and its meaning is widely known and understood, as subjective as it is.

 

Kindly stop (not stop posting, as that is against T&Cs for me to say that).

If you have issue with my posts then please feel free to add me to your ignore list (and if you are my ex spouse, then kindly sod off).

 

 

 

 

 

 

 

Edited July 27, 2018 by mindthegap