Please brothers and sisters advice

[Godinas 0]

I filed jointly with my wife in.july 2019 and in June 2020 she withdraw the petition and she filed for divorce. I have a good evidences to prove bona fide marriage: we've sent :

- joint lease in both names

- joint taxes filed together 

- joint credit card statement

- joint car title both names 

- joint car insurance both names

- joint bjs card and AAA 

- joint bank account for 3 years

- 3 affidavits from her family stating that our marriage based on love. 

- copy of our airplane ticket when we travel

- album picture of our huge wedding ceremony. 

 

My concern is that my wife use to go see counselor for her self which i.never knew about it and she sent report to.immigration saying that i.mentally abuse her but 3.people from her family side write 3 statement stating that she is the one she use to throw me out and bring her boyfriend over after she kicked me out of the house and they mention how very violent and aggressive she was toward me......so please you guys think that the report she send from her counselor to immigration will cause a problem for me after I applied for a waiver.

Please any advice will be highly appreciateit.  May God bless you all

[Orangesapples 1,954]

Do you have a green card or are you filing for AOS? Fill in your timeline. 

 

 

[Godinas 0]

I applied for ROC

[Orangesapples 1,954]

5 minutes ago, Godinas said:

I applied for ROC

In this case, your wife doesn't have a petition she can withdraw. You need to switch to a divorce waiver. @mindthegap might be able to help you. Look at this thread as well:

 

@Villanelle comment in particular. 

 

[Godinas 0]

My questions is : willwill the report she sent to.immigration will hurt my waiver case ? She sent them report saying I mentally abuse her

[Ku Mưa 29]

49 minutes ago, Godinas said:

My questions is : willwill the report she sent to.immigration will hurt my waiver case ? She sent them report saying I mentally abuse her

She has to have report from police or anything to prove that. You need to protect yourself from divorce court by saying that she said was incorrect, that will be good for your application. 

Edited September 13, 2020 by Ku Mưa

[Godinas 0]

She only have report from her counselor ans.by the way last week she tried to get restraining order against me and the.judge denied it.

[Bob in Boston 765]

She is trying to set you up. Stay away from her and only talk to her through a lawyer. Lawyers encourage  them to get restraining orders because it makes their case easier. Stay away away from her

[Godinas 0]

I end up getting restraining order against her. So do you think the report she got from her counselor will.hurt my waiver application?

[Bob in Boston 765]

You are now a battered spouse. you have a legal document and she was denied one. I don't think her report will carry much weight when explained to USCIS .make sure you keep all paper work and don't give up that order. Get yourself a lawyer to see you through this.

[Godinas 0]

Thank you so much brother. Yes I will go this week to see a lawyer to help me with the waiver.

[Bob in Boston 765]

and please stay away from her and don't talk to her, let the lawyers hammer it out. protect yourself.

[Godinas 0]

I even change my phone number and my job so she d9esnt know where I live and work now. Do you think the documents have are strong evidences to have approval waiver ?!

[Bob in Boston 765]

my opinion Yes. I think your in good shape. although you need to be divorced for the 751 to be approved.

[Godinas 0]

My divorce hearing is 1st week of next month. She filed for divorce under irreconcilable differences.