The proper time to file i751 waiver

[Going through 5,671]

27 minutes ago, Kiolas said:

@newyork1234 Yes, it is. You are eligible for VAWA. As others stated earlier, you do not have to wait until November, 2018. You can file now.

No, it is not.  OP cannot apply for VAWA, or file an abuse waiver based on the spouse having an affair.

Edited August 7, 2018 by Going through

[mushroomspore 3,044]

43 minutes ago, newyork1234 said:

is Adultery considered as ABUSE?

By itself, it is not considered abuse. 

[Kiolas 103]

3 minutes ago, mushroomspore said:

By itself, it is not considered abuse. 

@mushroomspore is correct. By itself, it is not abuse.

 

@newyork1234You have to consider and review the whole picture. If adultery was used, for example, to humiliate you, to diminish your self worth, then, taking in consideration the circumstances (where adultery is a part of the whole situation) you can prove the abuse and extreme cruelty.

 

Keep in mind, we do not know your situation, we do not know your specific circumstances.

 

You cannot receive a specific response by giving us a general question. The more specific you are, the more specific we can answer your question(s).

[mushroomspore 3,044]

15 minutes ago, Kiolas said:

@mushroomspore is correct. By itself, it is not abuse.

 

@newyork1234You have to consider and review the whole picture. If adultery was used, for example, to humiliate you, to diminish your self worth, then, taking in consideration the circumstances (where adultery is a part of the whole situation) you can prove the abuse and extreme cruelty.

 

Keep in mind, we do not know your situation, we do not know your specific circumstances.

 

You cannot receive a specific response by giving us a general question. The more specific you are, the more specific we can answer your question(s).

Completely agree with the scenario you presented. A lawyer could definitely argue that the adultery is part of a larger PATTERN of abuse in that kind of situation.

 

But the majority of cases of adultery happen because one person grows unhappy in a generally normal and non-abusive relationship. If OP's spouse committed adultery because she simply grew unhappy and distant and once was genuinely close and in love with OP and never displayed abusive behavior to OP, her adultery is not considered abuse.

[Ontarkie 14,499]

~~ Do not post questions for your case in other members threads. Those posts are now removed. Please stick to this thread.~~

[newyork1234 33]

13 hours ago, mushroomspore said:

Completely agree with the scenario you presented. A lawyer could definitely argue that the adultery is part of a larger PATTERN of abuse in that kind of situation.

 

But the majority of cases of adultery happen because one person grows unhappy in a generally normal and non-abusive relationship. If OP's spouse committed adultery because she simply grew unhappy and distant and once was genuinely close and in love with OP and never displayed abusive behavior to OP, her adultery is not considered abuse.

I have recorded her voice being racist to me and cursing me in an aggressive way. she wrote an affidavit confessing she messed up the marriage and she did adultery while I love her. plus police report is available. 

dont you think I have to check both the following options?

 

[mushroomspore 3,044]

2 hours ago, newyork1234 said:

I have recorded her voice being racist to me and cursing me in an aggressive way. she wrote an affidavit confessing she messed up the marriage and she did adultery while I love her. plus police report is available. 

dont you think I have to check both the following options?

 

I'm pretty sure you can only check one option. I think option #1.d presumes the marriage was abusive-free. I don't know much about VAWA though so someone more knowledgable should chime in.

Edited August 8, 2018 by mushroomspore

[newyork1234 33]

7 minutes ago, mushroomspore said:

I'm pretty sure you can only check one option. I think option #1.d presumes the marriage was abusive-free. I don't know much about VAWA though so someone more knowledgable should chime in.

but the form i751 itself says I can choose more than one option;

 

[Kiolas 103]

12 minutes ago, mushroomspore said:

I'm pretty sure you can only check one option. I think option #1.d presumes the marriage was abusive-free. I don't know much about VAWA though so someone more knowledgable should chime in.

I agree with @mushroomspore

On page 6 of the instructions for I-751 it says:

 

If you are filing as an individual because your marriage has been terminated, submit a copy of the final divorce decree or other document terminating or annulling the marriage with your petition, along with evidence of the qualifying relationship. 

 

If you are filing as an individual because you and/or your conditional resident child were battered or subjected to extreme cruelty, submit: 

1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries; and 
2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty. 

[newyork1234 33]

3 hours ago, Kiolas said:

I agree with @mushroomspore

On page 6 of the instructions for I-751 it says:

 

If you are filing as an individual because your marriage has been terminated, submit a copy of the final divorce decree or other document terminating or annulling the marriage with your petition, along with evidence of the qualifying relationship. 

 

If you are filing as an individual because you and/or your conditional resident child were battered or subjected to extreme cruelty, submit: 

1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a shelter for the abused or similar refuge, as well as photographs evidencing your injuries; and 
2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty. 

but I have all the highlighted evidences available:

 

[Loren Y 2,756]

I would choose the path of least resistance. Bottom line is your looking for citizenship, file 1.d and include your divorce decree and move on, or file using 1.e and end up having to send in an extra 100 pages of reports and evidence, etc. when you are looking to get to the same end game. I would want to keep it simple myself, but maybe there are benefits to saying you were abused and battered mentally or physically I don't know, but I am lazy and would select the option that requires the least amount of work. Just my 2 cents.

[Lemonslice 4,968]

You have a green card already, there's no VAWA.  You're divorced, you can file as a divorcee.

Edited August 9, 2018 by Lemonslice

[newyork1234 33]

17 hours ago, Loren Y said:

I would choose the path of least resistance. Bottom line is your looking for citizenship, file 1.d and include your divorce decree and move on, or file using 1.e and end up having to send in an extra 100 pages of reports and evidence, etc. when you are looking to get to the same end game. I would want to keep it simple myself, but maybe there are benefits to saying you were abused and battered mentally or physically I don't know, but I am lazy and would select the option that requires the least amount of work. Just my 2 cents.

I have talked to a lawyer ad he said I have to choose options 1.d , 1.e, and 1.g and support all of them with an strong argument.

I have lots of evidences for bonafide marriage:

1. apartment lease

2. car insurance,

       dental insurance,

              life insurance

3. joint checking bank statement

4. multiple credit cards of mine that she was authorized to use

4. over 300 pictures in different vacations and places, trips, family gathering, friend gathering

5. airplane tickets and hotel reservations

6. Sams' club membership

7.  affidavit to support from wife , her family and friends

8. utilities

9. family plan cellphone

10. joint tax return

11. gifts and cards

...........

12. divorce decree which mentioned it was because of her adultery

13. my hospital records because panic attack and mental pressure of her adultery

14. family consultancy records 

15. police report proving of her adultery 

all of the evidences are more than 150 pages 

that is why the lawyer says I have to choose more than one option like 1.d and 1.e and even 1.g.

[Kiolas 103]

8 hours ago, newyork1234 said:

I have talked to a lawyer ad he said I have to choose options 1.d , 1.e, and 1.g and support all of them with an strong argument.

I hate lawyers. They do not care about people, they care only about their own interest. 

 

@Loren Y gave you an excellent answer in case you want to chose the minimum amount of work. Of course, you can check as many options as you want - 1.d, 1.e, 1.g. etc. But keep in mind, you have to prove each of them. 

 

@newyork1234 I suggest you to read again what @Loren Y responded to you and think about what you want to do - the least amount of work or a lot of work. It is up to you.

 

 

[Kim and Jermaine 28]

8 minutes ago, Kiolas said:

I hate lawyers. They do not care about people, they care only about their own interest

True! I agree, it wouldn't surprise me to know that they would advise you to do the most to perhaps frustrate you enough to hire attorney/pay for extra paperwork.