I-751 ROC with multiple waivers

[Vordana 6]

Hi everyone

 

In May 2017 I filed ROC with divorce and abuse waiver. My ex-husband was controlling, verbally abusive an violent. Although he didn't hit me, he pushed me and threw objects to me

I have sufficient proof of bona fide marriage. In regards to abuse, I have affidavits of friends, shelter, Licensed Professional Counselor, treatment for depression and anxiety, nasty text messages from ex.

Last week I got a RFE from USCIS, asking a more detailed affidavit , explaining the dynamics of my relationship with my ex.

I admit my original affidavit was too general. I initially explained only how my husband's aggressiveness affected me, but I didn't describe the events in detail

Now I think I have a very detailed and dense affidavit, and I will add two more supporting documents: letter from shelter to the court and photos of prescription bottles.

 USCIS letter explains that if the additional evidence is sufficient, the interview will be waived. 

 

My questions is: if the adjudicator is still not convinced of extreme cruelty (which would be sad,  because I suffered a lot and still I have not healed) . Will USCIS  approve my ROC just based on divorce? Do I have to apply again?

 

Thanks

[Villanelle 4,122]

I dont know why your thread sat unanswered for so long!

 

USCIS has its own strict definition of what constitutes "abuse". Not all abuse qualifies under their definition. You seem to be in good shape though. Try to write 4-6 pages in detail and attach any evidence of bonafides that you reference if you have it.

 

YES. If they are satisfied they CAN waive the interview.  They do have certain quality control purpose interviews and randomly selected ones so dont assume if you get an interview notice that your case was lacking. But do prepare thoroughly if you get a notice, 

[Sandra G. 5,048]

On 8/15/2018 at 8:37 PM, Vordana said:

Hi everyone

 

In May 2017 I filed ROC with divorce and abuse waiver. My ex-husband was controlling, verbally abusive an violent. Although he didn't hit me, he pushed me and threw objects to me

I have sufficient proof of bona fide marriage. In regards to abuse, I have affidavits of friends, shelter, Licensed Professional Counselor, treatment for depression and anxiety, nasty text messages from ex.

Last week I got a RFE from USCIS, asking a more detailed affidavit , explaining the dynamics of my relationship with my ex.

I admit my original affidavit was too general. I initially explained only how my husband's aggressiveness affected me, but I didn't describe the events in detail

Now I think I have a very detailed and dense affidavit, and I will add two more supporting documents: letter from shelter to the court and photos of prescription bottles.

 USCIS letter explains that if the additional evidence is sufficient, the interview will be waived. 

 

My questions is: if the adjudicator is still not convinced of extreme cruelty (which would be sad,  because I suffered a lot and still I have not healed) . Will USCIS  approve my ROC just based on divorce? Do I have to apply again?

 

Thanks

 

You should mention the  abuse in details,I would say at least 7/8 pages. 

[Vordana 6]

On 8/22/2018 at 9:33 AM, Damara said:

I dont know why your thread sat unanswered for so long!

 

USCIS has its own strict definition of what constitutes "abuse". Not all abuse qualifies under their definition. You seem to be in good shape though. Try to write 4-6 pages in detail and attach any evidence of bonafides that you reference if you have it.

 

YES. If they are satisfied they CAN waive the interview.  They do have certain quality control purpose interviews and randomly selected ones so dont assume if you get an interview notice that your case was lacking. But do prepare thoroughly if you get a notice, 

Thanks for your answer. I know that I have enough proof and I also know they can waive the interview if they are satisfied with the affidavit. BTW I responded the RFE few days ago with a detailed 11 pages affidavit. 

I want to think on the worst case scenario: what if 1) the affidavit is not enough to prove extreme cruelty, 2) I get appointment for interview and still the officer do not see extreme cruelty? there is a enough proof of bonafide marriage, then, what would be the course of action?

 

[Vordana 6]

On 8/29/2018 at 2:34 PM, sandranj said:

You should mention the  abuse in details,I would say at least 7/8 pages. 

I wrote 11 pages with details. But what if the officer is not yet convinced and not even after a possible interview? I want to be prepared for the worst case scenario....you never know what to expect with USCIS. 

[Villanelle 4,122]

Okay. I see I missed your question in the original post. Sorry about that.

 

USCIS has a specific provision that they can move you into a divorce waiver from a joint application. This is the only type of move talked about officially. Theres nothing stopping the service center Officer from changing you from an abuse+divorce to a divorce only. They can do it if you ask and sometimes they do. Sometimes they dont. 

So you have an opportunity to try to switch if you think you will be denied on abuse+divorce to only divorce by contacting the service center. Once the 751 goes to the local office and you get an interview I believe it is too late to switch. The interviewing officer gets the case after its been looked at by the service center. You cant ask the interviewer to review the whole case from scratch evaluating only divorce this time while you sit and wait- nor to do it when you leave and let you know. 

If you are denied after the interview you will be sent to court. Its rather complicated and unnecessary to go over right now. You are free to search for it though. But basically you would need to file again under abuse only (and pay again) and have them close things with the case in court. It will cost you time and money but you will never lose status. So a denial is not the end of the world but the start of another slow process.