ABUSE OR EXTREME CRUELTY

[Brian Orte 2]

Hi,

 

This is my first time posting, I've been married for 2 years and I'm at 10 months from filing for removal, today my wife attacked me and scratched my neck, she has been yelling that she hates me, and that I ruined her life by met her almost everyday for the last year, she does not work, I'm the only one working and paying for everything, I do 100k a year and I do not need her, I have not called the police yet because she haven't attacked me before, but today she did.

 

What will be the process to remove conditions in my case, should I call police right now that I'm scratched? file a restraining order and then the divorce? will this be enough to remove conditions via Extreme cruelty?

 

thank you all in advance.

Edited July 6, 2019 by Brian Orte

[Boiler 45,948]

What is wrong with the Divorce Waiver?

[Brian Orte 2]

2 minutes ago, Boiler said:

What is wrong with the Divorce Waiver?

Thank you for your response, I don't know how does the divorce waiver works.

[JFH 12,191]

37 minutes ago, Brian Orte said:

Thank you for your response, I don't know how does the divorce waiver works.

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

Assuming you entered into the marriage in good faith and can demonstrate that you lived in marital union with your spouse, but the marriage ended in divorce through no fault of yours, you can file for removal of conditions with a divorce waiver.   

[geowrian 22,338]

The abuse waiver means you have to show that you entered into the marriage in good faith AND abuse.

The divorce waiver means you have to show you entered into the marriage in good faith AND are divorced.

Generally it's easier to do the divorce waiver. If you are unable to obtain traditional evidence of a bona fide marriage, the the abuse option makes more sense as the officers that handle those cases are also more familiar with those types of circumstances.

[cute_pretzel 49]

As far as I understand, extreme cruelty need to be evidenced by documents from the police department and the hospital.

 

In your case, I think divorce waiver would be easier, if your wife is not life-threatening.

 

Quote

I do 100k a year and I do not need her

This sounds so apathetic to me. You probably couldn't even stay in the US without the GC your wife sponsored you. It might be better to be grateful?

Edited July 6, 2019 by cute_pretzel

[Brian Orte 2]

2 hours ago, cute_pretzel said:

As far as I understand, extreme cruelty need to be evidenced by documents from the police department and the hospital.

 

In your case, I think divorce waiver would be easier, if your wife is not life-threatening.

 

This sounds so apathetic to me. You probably couldn't even stay in the US without the GC your wife sponsored you. It might be better to be grateful?

You are saying I need to tolerate abuse because she is a us citizen?

[Going through 5,671]

28 minutes ago, Brian Orte said:

You are saying I need to tolerate abuse because she is a us citizen?

I think what @cute_pretzel was attempting to say is that without your wife you wouldn't have been given a green card in the first place....
 

Irrelevant at this point, however.    Plus, I don't believe in being "grateful" to someone who is abusive towards me, either.

 

Continuing your ROC with a divorce waiver would be much easier than continuing with an abuse waiver----much easier to prove a bonafide marriage than documented ongoing abuse.

 

 

 

 

[carmel34 3,650]

File for divorce if that's what you want, but make sure you make copies of all documentation that show a bona fide marriage, i.e., co-mingling of finances, joint bank accounts, tax returns filed as married (hopefully jointly), jointly-owned property, lease or mortgage under both names, etc.  Keep all this information in a safe place away from your spouse so you'll have it in ten months when you file ROC with a divorce waiver.  And if you feel threatened or abused move out and move on.