abusive waiver without a lawyer (merged)

[Lopp 1]

 

Hey guys, 

 

So I am another victim of domestic violence, in my case was just mental abuse,  he never really touched me.

 

I have hundreds of proofs of the good faith marriage and of the abuser. Do u think a lawyer is really necessary? Or I can do myself?

 

I really dont wanna ( dont have ) that money to spend on a lawyer

 

What do you guys think ???

[Lemonslice 4,841]

22 minutes ago, Lopp said:

 

Hey guys, 

 

So I am another victim of domestic violence, in my case was just mental abuse,  he never really touched me.

 

I have hundreds of proofs of the good faith marriage and of the abuser. Do u think a lawyer is really necessary? Or I can do myself?

 

I really dont wanna ( dont have ) that money to spend on a lawyer

 

What do you guys think ???

Are you divorced?

[Lopp 1]

3 minutes ago, Lemonslice said:

Are you divorced?

no

[geowrian 22,337]

If you have plenty of evidence of being married in good faith, then the suggestion would be to divorce and do ROC that way.

The abuse option is generally better when evidence of a bona fide marriage is lacking due to the abuse.

[Lopp 1]

thank you for your answer!!!! the abusive waiver is really hard to be approved???? 

 

 

[geowrian 22,337]

15 minutes ago, Lopp said:

thank you for your answer!!!! the abusive waiver is really hard to be approved????

It requires showing that the marriage was entered into in good faith AND the abuse met the level required (and is substantiated). Also, the cases are normally sent to VSC where they have IOs that know how to handle abuse cases. This tends to take longer.

 

The divorce waiver only requires showing that the marriage was entered into in good faith AND you are legally divorced.

It's not that the abuse option is "hard". It's that if you have suitable evidence already, then you're just adding more requirements that you have to meet by going the abuse route.

Edited January 24, 2020 by geowrian

[Lopp 1]

My dear friends at VJ.

 

Please help me : So my plan was to Apply for the extreme cruelty waiver i

 

I met my husband in 2015, came to the US on a f1 visa in 2017.  We got married and I got my conditional GC on OCT 2018

 

We got married in May 2017, and since the beginning of 2018 I have been suffering all types of mental / verbal abuse possible. Im gonna list some of that:

- He is very agressive, and even tho he never touched me, he was always yelling at me, calling me stupid, , useless, user

- 1 have about 30 videos of he yelling at me, saying terrible things, showing a crazy behavior, throwing stuff on the floor, yelling. you can see he has serious mental issues watching the videos.

- I have one video of him breaking all the dishes in our kitchen, coffee machine, plates...having an angry attack where he broke everything...because he was "tired of me "" . in this day in particular, my friend called the police and they came to my house and talked to us.....but they really did not do anything.

- I have one police report.  I went to the police and made a report explaining that I will leave the house because he is breaking my property, threating me, yelling at me all the time.

I know when I say "yelling"is can sound cliche...but all that yelling really made me sick, made me wanna die. I called the suicide hotline multiple times, I did not know what to do

- He was always threating me to call "immigration" on me and that he gonna get me deported....

- he cheated on me inside our own apartment ( i have screenshot of the messages he sent to the other guy )

- He did a lot of terrible things like that to me.....never really touched me,,,,but the mental damaged was very serious.

- when we were in the car and he got upset he would drive like "crazy" to scare me.

 

I suffered all types of humiliation that you can imagine.

 

The reason I want to apply for the abusive waiver is because if approved allow you to apply for citizenship in 3 years.

I really wanna go to europe for study where Im gonna stay 5 years, and I dont wanna loose the green card!!

 

 

 

 

 

[Ontarkie 14,225]

~~Related threads merged. Please do not start more than one thread for related questions.~~

[Just Paul 4,595]

19 minutes ago, Lopp said:

My dear friends at VJ.

 

Please help me : So my plan was to Apply for the extreme cruelty waiver i

 

I met my husband in 2015, came to the US on a f1 visa in 2017.  We got married and I got my conditional GC on OCT 2018

 

We got married in May 2017, and since the beginning of 2018 I have been suffering all types of mental / verbal abuse possible. Im gonna list some of that:

- He is very agressive, and even tho he never touched me, he was always yelling at me, calling me stupid, , useless, user

- 1 have about 30 videos of he yelling at me, saying terrible things, showing a crazy behavior, throwing stuff on the floor, yelling. you can see he has serious mental issues watching the videos.

- I have one video of him breaking all the dishes in our kitchen, coffee machine, plates...having an angry attack where he broke everything...because he was "tired of me "" . in this day in particular, my friend called the police and they came to my house and talked to us.....but they really did not do anything.

- I have one police report.  I went to the police and made a report explaining that I will leave the house because he is breaking my property, threating me, yelling at me all the time.

I know when I say "yelling"is can sound cliche...but all that yelling really made me sick, made me wanna die. I called the suicide hotline multiple times, I did not know what to do

- He was always threating me to call "immigration" on me and that he gonna get me deported....

- he cheated on me inside our own apartment ( i have screenshot of the messages he sent to the other guy )

- He did a lot of terrible things like that to me.....never really touched me,,,,but the mental damaged was very serious.

- when we were in the car and he got upset he would drive like "crazy" to scare me.

 

I suffered all types of humiliation that you can imagine.

 

The reason I want to apply for the abusive waiver is because if approved allow you to apply for citizenship in 3 years.

I really wanna go to europe for study where Im gonna stay 5 years, and I dont wanna loose the green card!!

 

 

 

 

 

File for divorce then ROC.   

[geowrian 22,337]

IMO, that is probably enough for an abuse waiver if properly presented. I'd still suggest just doing the divorce waiver unless being able to naturalize sooner is absolutely critical.

As noted, ROC abuse waivers do tend to take longer to adjudicate based upon what I've seen anecdotally, so the amount of time difference for citizenship eligibility may not be the full 2 years.

 

I would also note that you cannot send things like videos to USCIS. You can print out frames of the video and describe what is on them, but don't expect to be able to show them a video.

Police reports are good.

Cheating is not considered abuse. It's a sign of marital issues and serious, but not "abuse".

 

If you choose to proceed with the abuse waiver anyway, I would suggest at least getting a psychological evaluation.

Otherwise, you would just have still frames of a video with your own word of suffering abuse, 1 police report of your claims, and your word of what happened.

If not presented well, I do see how this could fail to meet the bar to qualify for an abuse waiver. In which case, you likely won't be naturalizing any sooner, and it may possible take longer, than the divorce waiver route.

 

Just my $0.02.

 

I'll invite @Villanelle for input, since they see a lot more abuse cases than me.

Edited January 25, 2020 by geowrian

[Lopp 1]

8 hours ago, geowrian said:

 

 

thank you my friend for the help!

Im starting to consider the divorce abuse instead! after read and research here makes more sense.

on the divorce waiver can I still "show"them that he was cheating and he has agressive behavior??? so they dont think i left him just after months i got the green card??

 

 

8 hours ago, geowrian said:

 

 

 

IMO, that is probably enough for an abuse waiver if properly presented. I'd still suggest just doing the divorce waiver unless being able to naturalize sooner is absolutely critical.

As noted, ROC abuse waivers do tend to take longer to adjudicate based upon what I've seen anecdotally, so the amount of time difference for citizenship eligibility may not be the full 2 years.

 

I would also note that you cannot send things like videos to USCIS. You can print out frames of the video and describe what is on them, but don't expect to be able to show them a video.

Police reports are good.

Cheating is not considered abuse. It's a sign of marital issues and serious, but not "abuse".

 

If you choose to proceed with the abuse waiver anyway, I would suggest at least getting a psychological evaluation.

Otherwise, you would just have still frames of a video with your own word of suffering abuse, 1 police report of your claims, and your word of what happened.

If not presented well, I do see how this could fail to meet the bar to qualify for an abuse waiver. In which case, you likely won't be naturalizing any sooner, and it may possible take longer, than the divorce waiver route.

 

Just my $0.02.

 

I'll invite @Villanelle for input, since they see a lot more abuse cases than me.

 

[Going through 5,671]

19 minutes ago, Lopp said:

on the divorce waiver can I still "show"them that he was cheating and he has agressive behavior??? so they dont think i left him just after months i got the green card??

You don't need to prove any sort of abuse with a divorce waiver---this is what makes a divorce waiver easier.

 

With a divorce waiver, you only need to prove that the marriage was entered into with bonafide intent and you lived in marital union until the marriage broke down.  IF asked during your interview, you can explain to the IO why you separated quickly after getting the green card, but don't volunteer any of that info unless directly asked about it.

 

Generally, abuse waivers are harder to go ahead with than divorce waivers for the reasons geowrian mentioned earlier.

[Lopp 1]

thank you.

but shouldnt I include on the divorce waiver things like the facts that he was cheating on me, that he was agressive, etc???

[Going through 5,671]

40 minutes ago, Lopp said:

thank you.

but shouldnt I include on the divorce waiver things like the facts that he was cheating on me, that he was agressive, etc???

There really is no place to include anything of the sort in that there's no separate application/form to fill out on your end, nor a place to write any sort of explanation on the application form...since you have yet to file the i-751, you just check off the appropriate box under "waiver request" on the form.

 

USCIS does not care that you are getting divorced/are divorced, or care about why you are getting a divorce.  They only care that you can prove the marriage was entered into with bonafide intent.

 

Your i-751 can be filed with a divorce waiver request, however keep in  mind that it cannot be approved until the final divorce decree is submitted.

 

 

Edited January 25, 2020 by Going through

[geowrian 22,337]

6 hours ago, Lopp said:

Im starting to consider the divorce abuse instead! after read and research here makes more sense.

on the divorce waiver can I still "show"them that he was cheating and he has agressive behavior??? so they dont think i left him just after months i got the green card??

6 hours ago, Lopp said:

but shouldnt I include on the divorce waiver things like the facts that he was cheating on me, that he was agressive, etc???

As described above, the divorce waiver doesn't require showing any sort of abuse.

They don't necessarily care why the marriage was dissolved. Just that it was dissolved and was entered into in good faith. Those are the 2 requirements.

If you want to include something like that anyway in your supporting evidence  when you file, it won't hurt. It just won't help IMO. If asked about it, just tell them at that point.