ROC with abuse waiver

[Atstake 5]

Anyone please guide me on how it’s done ...

[Georgia16 2,858]

You need evidence of the abuse. Like police report, medical reports and so on. You also have to show the marriage was entered in good faith. 
 

with divorce waiver you just have to prove marriage was entered in good faith. 

[Atstake 5]

6 minutes ago, Georgia16 said:

You need evidence of the abuse. Like police report, medical reports and so on. You also have to show the marriage was entered in good faith. 
 

with divorce waiver you just have to prove marriage was entered in good faith. 

To show marriage was entered in good faith ; I had presented evidences during the AOS interview ( joint bills and joint taxes and bank account etc ) 

Can’t those be sufficient ? 
 

how do I get new evidences of bonafide marriage ? 
 

I was also told that I can file both at the same time bonafide marriage with abuse waiver and divorce waiver ...

was I misinformed ? 

[Going through 5,671]

On 10/29/2019 at 7:33 PM, Atstake said:

I was also told that I can file both at the same time bonafide marriage with abuse waiver and divorce waiver ...

was I misinformed ? 

You can file both---however it's much much easier to go forward with a divorce waiver (where you need to prove the marriage was entered into with good faith and bonafide intentions---irregardless of how the marriage broke down later), rather than an abuse waiver where you need to prove a bonafide marriage AND the abuse.

[Going through 5,671]

On 10/29/2019 at 7:33 PM, Atstake said:

To show marriage was entered in good faith ; I had presented evidences during the AOS interview ( joint bills and joint taxes and bank account etc ) 

Can’t those be sufficient ? 

The AOS and ROC are two different stages.  You will need to submit anything else you have during the course of your marriage before it broke down.  

 

ie. previous joint bills, tax filings, shared health insurance, shared residence together, etc.

 

Again, remember that USCIS will  not care that you got divorced, or why you got divorced---they will concentrate on whether you can prove the marriage was valid and that you were living in marital union before the divorce/separation occurred. 

[Sandra G. 5,047]

To file waiver based just  on bonafide marriage or on bonafide marriage and abuse you must be divorced ,but to file just based on abuse you don’t need to be divorced but of course you still have to submit documents showing you entered into marriage in good faith.
 

Gather affidavits from family and friends stating about bonafide marriage and about abuse if they know about the abuse .To prove psychological abuse you need to attend 5/7 therapy sessions and have a psychological evaluation done showing you are suffering depression and or PTSD, if you have a police report because you were battered then you don’t need the psychological evaluation.

[Atstake 5]

18 hours ago, Going through said:

The AOS and ROC are two different stages.  You will need to submit anything else you have during the course of your marriage before it broke down.  

 

ie. previous joint bills, tax filings, shared health insurance, shared residence together, etc.

 

Again, remember that USCIS will  not care that you got divorced, or why you got divorced---they will concentrate on whether you can prove the marriage was valid and that you were living in marital union before the divorce/separation occurred. 

So I am still confused ... so I cannot use the documents I submitted during AOS ( joint bills taxes ) 

my abuser became a monster after the AOS interview ... he now thinks he owns me as he feels he got me the conditional GC so I should be obligated to him

he kicked me out of all joint bills etc 

 

so how do I prove bonFide marriage evidence beyond AOS interview? 

[Going through 5,671]

1 hour ago, Atstake said:

 

he kicked me out of all joint bills etc 

Most companies will be able to provide copies of the past joint bills.  Your bank can provide old joint statements, even if the accounts are now closed.

Past joint tax filings can be downloaded from the IRS website.

 

 

[Nitas_man 3,100]

2 hours ago, Atstake said:

So I am still confused ... so I cannot use the documents I submitted during AOS ( joint bills taxes ) 

my abuser became a monster after the AOS interview ... he now thinks he owns me as he feels he got me the conditional GC so I should be obligated to him

he kicked me out of all joint bills etc 

 

so how do I prove bonFide marriage evidence beyond AOS interview? 

You kind of own him since your greencard has been approved.

File for divorce first step

Hard to prove the marriage wasn’t valid if he attended the AOS interview with you.

[LoveAlways2 90]

18 hours ago, Nitas_man said:

You kind of own him since your greencard has been approved.

File for divorce first step

Hard to prove the marriage wasn’t valid if he attended the AOS interview with you.

I don't think in a marriage anyone should owe to their spouses. She got the green card through him but that doesn't mean she owes him for it. In a marriage, both partners do things for one another for the sake of the relationship. If one partner thinks their spouse owes him/her something then that is not a marriage. 

[Nitas_man 3,100]

1 hour ago, LoveAlways2 said:

I don't think in a marriage anyone should owe to their spouses. She got the green card through him but that doesn't mean she owes him for it. In a marriage, both partners do things for one another for the sake of the relationship. If one partner thinks their spouse owes him/her something then that is not a marriage. 

That post was a waste of time as the word “owe” was never mentioned.

[LoveAlways2 90]

2 minutes ago, Nitas_man said:

That post was a waste of time as the word “owe” was never mentioned.

lol you are right, I misread the whole thing! now I get what you said ... you are right!

[littlefrench 8]

Hi, I am in your same situation, however I filed for ROC a year ago and still waiting for an update. 

I filed for both waivers, divorce and abuse (psychological) since my divorce was issued anyways.

 

IMPORTANT: This is not legal advice and you should contact an expert lawyer.

 

The evidentiary standard between the two waivers is different. If you file for an abuse waver, in evaluating if your marriage was in good faith, USCIS will use the "any credible evidence" standard. This is because abuse victims, like in your case, don't have much evidence and most of the time have been destroyed by the abuser. So it's easier to prove good faith for an abuse waiver than in a divorce waiver. meaning, USCIS cares about the reasons of your divorce. 

 

Also, keep in mind the following:

 

- it's better if you show you've seen a therapist for many sessions (in my case I've seen mine for more than two years). 

- You don't need to have a PTSD diagnosis. PTSD diagnosis is possible only if you have been exposed to death. Careful with this because some lawyers, therapists, and people in this forum tend to use PTSD inappropriately.  Major depression is enough.

- If you get divorced, you can check both box. It's not true that this complicates things. 

 

Good luck with your application!

[Atstake 5]

On 11/26/2019 at 8:00 PM, littlefrench said:

Hi, I am in your same situation, however I filed for ROC a year ago and still waiting for an update. 

I filed for both waivers, divorce and abuse (psychological) since my divorce was issued anyways.

 

IMPORTANT: This is not legal advice and you should contact an expert lawyer.

 

The evidentiary standard between the two waivers is different. If you file for an abuse waver, in evaluating if your marriage was in good faith, USCIS will use the "any credible evidence" standard. This is because abuse victims, like in your case, don't have much evidence and most of the time have been destroyed by the abuser. So it's easier to prove good faith for an abuse waiver than in a divorce waiver. meaning, USCIS cares about the reasons of your divorce. 

 

Also, keep in mind the following:

 

- it's better if you show you've seen a therapist for many sessions (in my case I've seen mine for more than two years). 

- You don't need to have a PTSD diagnosis. PTSD diagnosis is possible only if you have been exposed to death. Careful with this because some lawyers, therapists, and people in this forum tend to use PTSD inappropriately.  Major depression is enough.

- If you get divorced, you can check both box. It's not true that this complicates things. 

 

Good luck with your application!

Thank you - please keep me posted on your case - I feel very alone - seems like I am the only one with this unique situation @littlefrench

[NikLR 13,227]

I believe you can have PTSD without being exposed to death.