RFE for i-751 Filed January 2018 with Battered Spouse Waiver

[implife 318]

5 minutes ago, geowrian said:

I was just correcting the point (" you should've taken one of two options:") when #1 is required in both cases.

ok

[iPhone5s 2]

11 hours ago, JeanneAdil said:

sorry to hear 

but could not afford counseling?

your lawyer needs to enforce the support order and get you the help you need/  financial responsibilty does not end till you either work 40 hours or become a citizen

If immigration does not approve the naturalization process,   at least go for the counseling you need and let the lawyer do his work/ he should know about support orders 

seems like US citizens fill one out but never see it enforced 

Thank you. The recommendation of biweekly counseling was received when a contested divorce proceeding was already happening.  I had been working full time since 2013 because I was on the O-1 visa.  The divorce court turned out to be very bad for me.  He filed for divorce when he sensed he was losing a firm grasp over me and could no longer excert full control of what I do and how I think. As he filed for divorce first, he got to portray me as someone only interested in my career and behaved irresponsibly during the marriage. The judge believed him and told me I needed to vacate the marital home even though I had no place else to go.  Looked into DV shelters and couldn’t find anything then. Now there seems to be more funding for DV shelters and makes me happy to see that.  So even though I was working full time and earning decent salaries, all my money went to divorce lawyer and I couldn’t afford counseling. Ex husband even asked the court for me to pay his legal fee at one point.... in the end I gave up on fighting for the marital home even though my name was on the deed too. His lawyer got the court to order me to move out within 10 days. 

 

Now that I can think more clearly, I should have gone to counseling instead. 

[iPhone5s 2]

9 hours ago, implife said:

After reading this, it seems like you should've taken one of two options:

1) demonstrate that your marriage was established in good faith, and that you are now, unfortunately, divorced (divorce waiver) 

2) demonstrate abuse

You seem to have done a combination of both.

 

You will probably not be able to demonstrate option (2). I would find a lawyer who could help you pursue option (1).  Your current attorney doesn't sound good to me.

 

Thank you.  I agree with the options you pointed out.  

 

I was able to speak to my lawyer tonight, finally.  She said everyone is getting the RFEs these days and she thinks it is highly unlikely USCIS will deny my case in the end.  Also she thinks staying on the current abuse waiver is the better course of action because refiling on divorce waiver could mean I have to wait another 2 years for processing.

 

she offered to speak to my current physiologist to work on a letter.  Also suggested other documents I can work on, including an affidavit from my mom who witnessed the harassment and intimidation firsthand, documentation from police department DV specialist who followed up with me after each police response (all are not physical  but only intimidation and harassment), and inclusion of an anti DV rally I organized last year at the steps of city hall.  

 

 

[iPhone5s 2]

9 hours ago, implife said:

How do you know it wouldn't be helpful?

I guess I don’t know.  The problem is USCIS asked for the final decision on family court case, but the divorce court dismissed the case altogether.  So I suspect it will make it look like there was no abuse?

[iPhone5s 2]

9 hours ago, geowrian said:

Even if there is abuse, one must still show a bona fide marriage. The abuse option means the case is handled by IOs who are better suited to abuse cases and the limitations of evidence obtainable due to that.

But abuse alone is not cause for ROC to be approved.

The RFE did not ask for additional evidence on good faith marriage.  I believe that means USCIS determined it was a marriage with good faith?  

[geowrian 22,337]

2 minutes ago, iPhone5s said:

The RFE did not ask for additional evidence on good faith marriage.  I believe that means USCIS determined it was a marriage with good faith?  

Either that or that they haven't evaluated the marriage evidence yet. Impossible to tell, sorry.

[iPhone5s 2]

9 hours ago, geowrian said:

Even if there is abuse, one must still show a bona fide marriage. The abuse option means the case is handled by IOs who are better suited to abuse cases and the limitations of evidence obtainable due to that.

But abuse alone is not cause for ROC to be approved.

USCIS did not ask for further evidence on good faith marriage in the RFE. Do you think I can check that off now, and assume they determined, based on my already submitted documents, that the marriage was in good faith? 

1 minute ago, geowrian said:

Either that or that they haven't evaluated the marriage evidence yet. Impossible to tell, sorry.

I see.  So we don’t know for sure. 

[geowrian 22,337]

2 minutes ago, iPhone5s said:

USCIS did not ask for further evidence on good faith marriage in the RFE. Do you think I can check that off now, and assume they determined, based on my already submitted documents, that the marriage was in good faith? 

I would focus on what they are asking for specifically in the RFE. If they want anything else later, you will have the opportunity to address it at that time. But don't worry about what they might or might not want later...the process is stressful enough as-is.

[iPhone5s 2]

Just now, geowrian said:

I would focus on what they are asking for specifically in the RFE. If they want anything else later, you will have the opportunity to address it at that time. But don't worry about what they might or might not want later...the process is stressful enough as-is.

Thank you.  It really is exhausting.  One day I am focused on moving on from the bad marriage where I planned to spent rest of my life with this person. The next day, I question if I should tell my employer that I may be deported. 

[implife 318]

8 hours ago, iPhone5s said:

I guess I don’t know.  The problem is USCIS asked for the final decision on family court case, but the divorce court dismissed the case altogether.  So I suspect it will make it look like there was no abuse?

Well, that's the "final decision" in this case: you need to be divorced. It does not necessarily determine there was no abuse. Were you ordered to stay away from each other during divorce? There had to be a reason why the judge decided not to proceed with the abuse case.

Edited September 10, 2019 by implife

[implife 318]

8 hours ago, iPhone5s said:

documentation from police department DV specialist who followed up with me after each police response

super important! good luck!

[JeanneAdil 6,511]

13 hours ago, iPhone5s said:

Thank you. The recommendation of biweekly counseling was received when a contested divorce proceeding was already happening.  I had been working full time since 2013 because I was on the O-1 visa.  The divorce court turned out to be very bad for me.  He filed for divorce when he sensed he was losing a firm grasp over me and could no longer excert full control of what I do and how I think. As he filed for divorce first, he got to portray me as someone only interested in my career and behaved irresponsibly during the marriage. The judge believed him and told me I needed to vacate the marital home even though I had no place else to go.  Looked into DV shelters and couldn’t find anything then. Now there seems to be more funding for DV shelters and makes me happy to see that.  So even though I was working full time and earning decent salaries, all my money went to divorce lawyer and I couldn’t afford counseling. Ex husband even asked the court for me to pay his legal fee at one point.... in the end I gave up on fighting for the marital home even though my name was on the deed too. His lawyer got the court to order me to move out within 10 days. 

 

Now that I can think more clearly, I should have gone to counseling instead. 

You have been here working since 2013??? don't you qualify under the 5 year rule????

[iPhone5s 2]

49 minutes ago, JeanneAdil said:

You have been here working since 2013??? don't you qualify under the 5 year rule????

What is the 5 year rule?  Please advise.  

[geowrian 22,337]

54 minutes ago, JeanneAdil said:

You have been here working since 2013??? don't you qualify under the 5 year rule????

The 5 years starts from once you obtain permanent residency. O-1 is a non-immigrant visa, so they did not start permanent residency in 2013. Since they are going through ROC and filed in 2018, they must have obtained permanent residency in 2016 or later (unless they filed late).

They also need to complete ROC anyway.

 

Edit: Unless you are maybe referring to the 5 year ban on federal funds...? yeah, that would expire, but I'm not sure how that would apply. (Sorry, I really don't know if this was what you meant or the 5 year rule for naturalization).

 

4 minutes ago, iPhone5s said:

What is the 5 year rule?  Please advise.  

Somebody who has been an LPR for 5 years can apply for naturalization.

Edited September 10, 2019 by geowrian

[iPhone5s 2]

5 hours ago, implife said:

Well, that's the "final decision" in this case: you need to be divorced. It does not necessarily determine there was no abuse. Were you ordered to stay away from each other during divorce? There had to be a reason why the judge decided not to proceed with the abuse case.

Yes - the divorce court  judge did order for us to stay away and refrain from harassing each other, the same day that he ordered to vacate the temporary order of protection.  I can’t explain why the judge ordered that, except that maybe he didn’t believe I was in imminent danger, or that maybe he believed what my ex husband stated: I made up the accusations of abuse to receive favorable consideration on equitable distribution.