URGENT. I-751 with waivers,and a vindictive letter from my ex against me

[happydoctor 36]

Hello everyone.

 

Please, help if you heard similar stories.

 

I found out from mutual friends that my ex-husband called to immigr., had an info-pass appointment where he asked to stop my temporary Green card case ( he did not know  I already have it ). IT was not enough for him, so he and his lawyer wrote a vindictive letter against me to immigration . He lied that basically  I "used him to get a GC." I have order of protections against him and fled our house because of his abuse.

I wonder how it might affect my I-751 form, which I'm going to send with a divorce and an abuse waivers? Were here any similar situations -maybe someone can include a link for a topic, please?

Also, I gave up all money I could have during the divorce, and even affidavit, so now he tries to get a revenge on me because he has this order against him, and he ashamed that everyone knows the way he treated me.

Is there any way I can find out if he did it for sure ? I feel I need to know it now, because I have all other evidences of his multiple addictions and other stuff that can get him in a big trouble.

 

Any advice would be appreciated. 

 

Have a great weekend !

 

 

[millefleur 5,046]

**Moved from Removing Conditions on Residency General Discussion to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

 

[Going through 5,671]

@mindthegap may have some insight into this...he went through having an ex file a false report/statement to USCIS.

 

Hopefully he will chime in.

Edited March 16, 2019 by Going through

[Boiler 45,564]

Very much depends on the evidence he has.

[Georgia16 2,858]

What evidence does he have? And why would he say it was only for the GC?

How long were you married? How long from you got here till you got divorced?

What evidence do you have for the ROC?

 

[happydoctor 36]

7 minutes ago, Boiler said:

Very much depends on the evidence he has.

I have no idea. Most likely something fake. But as far as I know he tried to collect letter from our neighbors that I moved in with his 1 month later ,than my lawyer wrote in the form for my temporary GC. Also, some friends told me that he showed him my texts ,where I asked him to send me our joint bank statements ( and he showed them as a proof that I only was worry about my documents), when he was abroad on a business trip. 

That's all what I know.

[Boiler 45,564]

Without knowing what he has not sure anybody can sensibly comment.

[happydoctor 36]

8 minutes ago, Georgia16 said:

What evidence does he have? And why would he say it was only for the GC?

How long were you married? How long from you got here till you got divorced?

What evidence do you have for the ROC?

 

He said it because I have an order of protection against him .He violated the order and was in a jail.So,now it his revenge.

He apply for a divorce right after he got an order of protection, therefore, we were married in total for around 18 months, and  I fled after 10 month.

What is ROC ? I have a lot of evidence for both waivers.

[happydoctor 36]

4 minutes ago, Boiler said:

Without knowing what he has not sure anybody can sensibly comment.

I have no idea, because I never said such stuff to anyone, or did something bad. However, he hired a lawyer who helped him to make something , I guess.

[Georgia16 2,858]

15 minutes ago, luckylola said:

He said it because I have an order of protection against him .He violated the order and was in a jail.So,now it his revenge.

He apply for a divorce right after he got an order of protection, therefore, we were married in total for around 18 months, and  I fled after 10 month.

What is ROC ? I have a lot of evidence for both waivers.

ROC=Romoval of conditions (I-751)

Okay well if he doesn't have any concrete evidence he won't get very far. USCIS will also see him as a mad ex if there are no evidence of his claims.

[Roel 7,192]

As long as you have evidences that you enter the marriage in good faith and have proofs of that, and he doesn't have any evidences against you - you'll be fine. 

[EM_Vandaveer 2,408]

This happens all the time. Unless he has concrete evidence, USCIS will most likely see through this. Vindictive exes send in fake letters accusing their immigrant ex of fraud ALL THE TIME, USCIS is used to it.

BTW, no need for the abuse waiver, even if you were abused.

Divorce waiver: you have to prove bona fide marriage (while it lasted) plus divorce.

Abuse waiver with divorce waiver: you have to prove bona fide marriage (while it lasted) plus divorce PLUS abuse. No legal sense in putting the burden on yourself of proving an extra thing (even if it happened).

Edited March 16, 2019 by EM_Vandaveer

[xillini 71]

12 hours ago, luckylola said:

He said it because I have an order of protection against him .He violated the order and was in a jail.So,now it his revenge.

He apply for a divorce right after he got an order of protection, therefore, we were married in total for around 18 months, and  I fled after 10 month.

 

If you have order protection against him from Court, you can address this issue when submitting evidences to USCIS. This will make him look like crazy Ex blinded on revenge, which exactly means that there used to be definitely a lasting relationship, and easy to establish the facts that your marriage entered into good-faith marriage supported by other documents.

This is often a strategy in many court cases, where a testimony is often voided when questioning to testimony's credibility, and if you can present that his testimony is not credible, then it will only reverse your case in your favor. 

 

I would recommend to have a good lawyer on I 751, but on the mean time, dont trap on VAWA waiver case unless you have multiple evidences that you are physically and mentally abused by your EX (such as police reports and medical reports, if any), which will charge you a lot of money with attorney fees and USCIS will review this more closer look, which takes much longer scrutiny and waiting time. 

 

Unfortunately, I am not 100% sure if you can request FOIA for what he submitted to USCIS. If his testimony is included in your A files, yes, you can probably request FOIA and then should be able to access what evidences he brought against you, but on the mean time, it is not USCIS's official policy to include evidences to A Files.

 

Just to give you an idea, A files is where all of your immigration documents are complied all together and FOIA is Freedom of Information Act, where you can request US government what documents they have in a written notice, and the government is required to provide you unless it is related to national security or personal privacy (but you are requesting your own info, and therefore it shouldn't be an issue). 

 

Regardless, I believe this is where your go-to-first point. If you want to win over enemy, you should know who enemy is, and what enemy has to bring, in your case it is the testimony and what evidences your ex brings. 

[Boiler 45,564]

A Protection Order is pretty easy to get and is part of the play book so I seriously doubt that would be convincing.

[Boiler 45,564]

Just now, LizM said:

If the consequence of violating a protection order is jail time, I really hope it's not that easy to get. You'd have to show credible evidence of abuse or stalking to get one, surely?

Well that is what I have been told by people going through messy divorces. And from what I have seen on here seems to back it up.

 

Admittedly I only know what happens in CO and the bar seems pretty low.