I-751 with divorce waiver (Divorece has not been finalized yet)

[Kris_in_ny 1]

Hi All,

 

So after a couple of months of work, I'm ready to file my petition to remove conditions of my conditional green card. I have separated from my spouse and I have filed the divorce in April, 2019....however it has not been finalized yet, but my GC will expire in November. I'm going to file the I-751 "My marriage was entered in good faith, but the marriage was terminated through divorce or annulment. "

Since basically, I'm still married, at Part 3, I marked 1.a My spouse, and 1.d.

At Part 8. Spouse's or Individual Listed in Part 4.'s Statement, Contact Information, Acknowledgement of Appointment USCIS Application Support Center, Certification, and Signature (if applicable) - Since I marked I'm still married, but my spouse isn't participate in the petition, I'm going to leave this part empty.

 

This is my cover letter:

 

USCIS
Attn: I-751
2501 S State Hwy 121 Business
Suite 400
Lewisville, TX 75067

 

 

I-751 PETITION TO REMOVE CONDITIONS ON RESIDENCE OF XYX, A#

 

 

Dear Sir or Madam:

 

I am writing to submit a Petition to Remove Condition. I married Mr T on September 20th, 2016 in good faith and was granted conditional residency on November 4th, 2017. Unfortunately, the marriage ended in separation on January 1st, 2019. A statement from my therapist, Dr. R, dated July 8, 2019, which mentions the situation with Mr T. had subjected me to which led to us being separated. I am filing with a waiver and attaching proofs of the ongoing divorce proceedings. I will mail a final divorce decree to complete this package as soon as possible.

 

 

The following are the descriptions of the attachments in the submitted order:

1.     Form I-751 waiver based on marriage entered in good faith but terminated through divorce.

2.     A check for $590 payable from my checking account.

3.     A copy of my permanent resident card.

4.     A copy of my national passport

5.     “Action for Divorce” letter, as an evidence of the divorce has been filed.

 

As evidence of a marriage entered in good faith I attach:

1.     A copy of my marriage certificate.

2.     Letter from our old roommate who used to live with me and Mr. T.

3.     Photos of our mutual trips and parties.

4.     Text messages between me and Mr. T.

5.     Welcome letter from USAA Bank (for people and families who serve, or served, in the United States Armed Forces).

 

Evidence of shared property:

1.     Mobile phone bills with family plan dated from 07/24/2017 to 12/24/2018, showing both our names and a family plan for 2 phone lines. Mr. T. later asked me to release his number from the family plan.

2.     Internet bills from 08/20/2017 to 10/20/2017, showing both our names. I was unable to obtain prior statements due to Mr. T’s refusal to provide more copies.

3.     ConEdison bills on 12/08/2016 and from 08/07/2017 to 10/05/2017, showing both our names. I was unable to obtain prior statements due to Mr. T’s refusal to provide more copies.

 

 

Evidence of shared financial resources:

1.     Capital One Bank Joint Account Summary from 09/11/2018 to 01/08/2019 and 07/11/2017 to 10/06/2017. I highlighted both our names and account names on each statement.

2.     A copy of my tax return for year 2017 which I filed married, filing jointly with Mr. T.

 

 

Additionally, to provide details for a reason of the separation:

An affidavit letter of support from our roommate, Naomi, which attests that our marriage was founded on love and details aspects of our marriage leading up to our separation.

 

A statement from my therapist, Dr. R, dated July 8, 2019, which mentions the negative behavior Mr. T. had subjected me to which led to us being separated.

 

 

I would like to briefly explain what happened to the marriage: In April 2018, my husband began to work a second job, which demanded late nights and substantial time away from home. Our schedules then became completely opposite. The only way we communicated was through phone calls because we never saw each other. I was already asleep for the night when he arrived home, and was still asleep when he left.

 

I asked my husband if the second job was worth it due to the growing distance between us. I suggested that he work less hours, since the second job wasn’t necessary. But he refused my suggestion. Over time, my husband became more irritable, aggressive, and disrespectful towards me. He frequently came home intoxicated, and began to take narcotics (Valium).

 

While I was never subjected to direct physical abuse, my husband did demonstrate emotional manipulation. I grew fearful of him, to the point that I hid my passport and Permanent Residency (Green) Card.

 

In May 2018, I began to attend therapy. The sessions grew more and more concentrated on my husband’s abusive nature. This is further detailed in the statement from Dr. R. My intention was to use therapy to work through our marriage.

 

Importantly, in October 2018, my husband and I flew to his hometown, Los Angeles, CA to meet his mother. While meeting an old friend of Mr. T’, I learned that he may have fathered a child with her. I met their supposed daughter, who is 18 years old now. At the end of the trip, an impending storm threatened travel back to New York. Because of this, my husband booked a new flight back to New York for himself, without informing me. This was done while I was asleep. When I awoke, my husband announced this and dropped me off at a shopping mall in the morning and went directly to the airport alone. I was stranded for some time at the shopping mall in Los Angeles. I want to make emphasize that his behavior during this trip was a large decision maker in moving out of our apartment.

 

Ultimately, my efforts to salvage the relationship through understanding, tolerance, and counseling were to no avail. The situation worsened significantly over the holiday season.

Should you have any questions, please contact me anytime.

Thank you.

 

 

Best regards,

XYZ

Cell:

Email:

 

09/13/2019

Please tell me your opinion about this cover letter and the form. I'm going to submit it next week.

[Crazy Cat 42,073]

Biometrics fee?  Total fee for I-751 and bio  is $680.00

 

I-751 fee is $595.00

Biometrics fee is $85.00

Edited September 13, 2019 by missileman

[Kris_in_ny 1]

6 minutes ago, missileman said:

Biometrics fee?  Total fee for I-751 and bio  is $680.00

 

I-751 fee is $595.00

Biometrics fee is $85.00

Yes, You're right! Thanks!

[Ku Mưa 29]

Good luck.

[Kris_in_ny 1]

I spoke with a lawyer and he said my statement isn't enough. He said I should talk about the "good" things too, because this isn't proves good faith marriage... Any thoughts?