I need help! Physically separated from American Spouse - I have a Conditional Green Card

[caliliving 606]

6 hours ago, NikkiFromCanada said:

I actually have a better support system here, a better job and a better life. I do not want to go back to Canada just because my marriage did not work. I have made a great life for myself here. 

You have a conditional greencard you are fine!! File the divorce waiver... Canada is low fraud so as long as you entered the marriage in good faith you are fine! If Mohammed from 90DF could file a divorce waiver and keep his conditional gc you won’t have a problem lol divorce and move on. 
 

also almost every spouse utters the “you used me for a green card” abuse. This is normal and something uscis has heard numerous times before! It’s very common.

Edited November 3, 2020 by caliliving

[KingGeorge16 1]

2 hours ago, NikkiFromCanada said:

In Maryland, there's no such thing as a legal separation. Me moving out of the home is what constitutes us being separated. I can't file the ROC without a finalized divorce though? That's the part I'm confused about. Thank you so much for your insight. Your words are encouraging!!! 

am in the same situation as you are, only thing is I am a husband and in Maryland as well. My naturalized wife has been very physical with me, threatening verbally and physically. And has now reported me to USCIS making false charges about me smh

[Sukie 1,459]

Duplicate.  Sorry.

Edited November 3, 2020 by Sukie
Duplicate. Sorry.

[Sukie 1,459]

1 hour ago, mindthegap said:

Er... if you file a divorce waiver 751 without enclosing a copy of the divorce decree they WILL immediately RFE for it (which at present may be within days, or it may be months, but it will absolutely happen).

Don’t supply it within 90 days? Denial letter, probably NTA and court hearing down the line , and ultimately having to file and pay for a fresh one anyway.

 
Unless you are confident you can have the divorce done and dusted in a matter of months, hold off filing it until done or you are close to being done. 
There isn’t any rush to file it, other than to get ahead of the obscene waiting times. 
 

Thanks for the clarification, mindthegap!!!

 

Sukie in NY

 

[Permagc 2]

You just narrated my story. The only difference is you don’t have enough time since July is about 8 months from now. Here’s what I did- 

1) Gathered all evidence I thought I would need (every single thing) 

2) prayed. 
3) Met with a lawyer 

4) Filed for Divorce (if you don’t have any kids and don’t want anything from him, this process should be uncontested and faster depending on your state)

5) file when it’s time - 90 day window -With waiver. You will need your divorce decree - now if you don’t have your decree by then, still file and send the decree after ( speak to about this)

 

I filed in August and I am hopeful my case will be approved. I sent over 100 pages of evidences .

Goodluck 

[KingGeorge16 1]

18 minutes ago, Permagc said:

You just narrated my story. The only difference is you don’t have enough time since July is about 8 months from now. Here’s what I did- 

1) Gathered all evidence I thought I would need (every single thing) 

2) prayed. 
3) Met with a lawyer 

4) Filed for Divorce (if you don’t have any kids and don’t want anything from him, this process should be uncontested and faster depending on your state)

5) file when it’s time - 90 day window -With waiver. You will need your divorce decree - now if you don’t have your decree by then, still file and send the decree after ( speak to about this)

 

I filed in August and I am hopeful my case will be approved. I sent over 100 pages of evidences .

Goodluck 

my wife said she was going to file for divorce.... I went straight to the courthouse to get divorce papers, now she's saying she won't sign anything cuz she know I will get married to someone else. I mean duhhhh...

[da95826 387]

You do have the option for an abuse waiver option on the i751, if you have proof of physical abuse or extreme physical abuse. If for some reason a divorce is not available you can file based on abuse without your spouse's participation. 

 

With both i751 waiver cases you will still need proof your marriage was in good faith that you shared finances and live together, tax  returns, joint bank statements, joint lease/mortgage and so on, so collect as much evidence for your case as you can.

 

Divorce waiver is easy to prove, you just need divorce along with bona fide marriage proof.

Abuse waver harder to prove you need to have proof of abuse along  with bona fide marriage proof (divorce not required).

 

File the i751 case that make sense for you  do not allow your spouse to control your  immigration process.

 

Good luck to you.

[NikkiFromCanada 233]

3 hours ago, Hawk Riders said:

Information which may be helpful:

https://www.mdcourts.gov/legalhelp/domesticviolence

Thank you. 

[NikkiFromCanada 233]

3 hours ago, caliliving said:

You have a conditional greencard you are fine!! File the divorce waiver... Canada is low fraud so as long as you entered the marriage in good faith you are fine! If Mohammed from 90DF could file a divorce waiver and keep his conditional gc you won’t have a problem lol divorce and move on. 
 

also almost every spouse utters the “you used me for a green card” abuse. This is normal and something uscis has heard numerous times before! It’s very common.

Thank you!! 

[KingGeorge16 1]

1 hour ago, da95826 said:

You do have the option for an abuse waiver option on the i751, if you have proof of physical abuse or extreme physical abuse. If for some reason a divorce is not available you can file based on abuse without your spouse's participation. 

 

With both i751 waiver cases you will still need proof your marriage was in good faith that you shared finances and live together, tax  returns, joint bank statements, joint lease/mortgage and so on, so collect as much evidence for your case as you can.

 

Divorce waiver is easy to prove, you just need divorce along with bona fide marriage proof.

Abuse waver harder to prove you need to have proof of abuse along  with bona fide marriage proof (divorce not required).

 

File the i751 case that make sense for you  do not allow your spouse to control your  immigration process.

 

Good luck to you.

would a police report be necessary to prove abuse or video and pictures are enough to file for abuse waiver ? reason for not having a police report is because I did not want her to be in trouble, so I kept it under the rug, however I do have evidence of the abuse holding knives, cuts from the knives, her threats and all

[da95826 387]

I don't think that a police report is required but would go a long way to prove a physical abuse case.

 

I mistyped above keep in mind there is physical abuse but there is also extreme emotional abuse is also a valid reason to get a i751 waiver case approved. Extreme emotional abuse cases likely don't have police reports but have other evidence.   

 

Please do not protect your abuser by not standing up to your right not to be mistreated. Do not hesitate to get a protective order if needed, do not hesitate to call law enforcement and file a complaint if you are physically injured.

 

Evidence I am sure could include photos, medical reports, affidavits from witnesses, text messages, emails, reports from domestic violence advocates... not sure how to submit video evidence but you could play it to the officer at the interview, maybe submit an affidavit explaining the contents of the video. Collect as much evidence as you can. USCIS will request more evidence (RFE) if you fall short  in providing evidence.

 

A divorce case is easier you just need a divorce decree.

An abuse case is harder, the case require proof of abuse but you don't need a divorce.

 

Later if you get a divorce then you can take the opportunity to convert your abuse case to a divorce case from a waiver case. 

 

[replaysports 41]

8 hours ago, KingGeorge16 said:

would a police report be necessary to prove abuse or video and pictures are enough to file for abuse waiver ? reason for not having a police report is because I did not want her to be in trouble, so I kept it under the rug, however I do have evidence of the abuse holding knives, cuts from the knives, her threats and all

You are gonna have a real up hill battle winning... so you saying that everything was fine un until you got the GC and then and only then did the marriage stop working... and then you have been cut by your wife and you never once reported her to the police?! 

 

The likely hood that INS buys that story is low.

 

[KingGeorge16 1]

10 minutes ago, replaysports said:

You are gonna have a real up hill battle winning... so you saying that everything was fine un until you got the GC and then and only then did the marriage stop working... and then you have been cut by your wife and you never once reported her to the police?! 

 

The likely hood that INS buys that story is low.

 

yes, that's what I said. If the INS would not believe a video of the abuse then I don't know what else to say. But we will see. 

[KingGeorge16 1]

7 hours ago, da95826 said:

I don't think that a police report is required but would go a long way to prove a physical abuse case.

 

I mistyped above keep in mind there is physical abuse but there is also extreme emotional abuse is also a valid reason to get a i751 waiver case approved. Extreme emotional abuse cases likely don't have police reports but have other evidence.   

 

Please do not protect your abuser by not standing up to your right not to be mistreated. Do not hesitate to get a protective order if needed, do not hesitate to call law enforcement and file a complaint if you are physically injured.

 

Evidence I am sure could include photos, medical reports, affidavits from witnesses, text messages, emails, reports from domestic violence advocates... not sure how to submit video evidence but you could play it to the officer at the interview, maybe submit an affidavit explaining the contents of the video. Collect as much evidence as you can. USCIS will request more evidence (RFE) if you fall short  in providing evidence.

 

A divorce case is easier you just need a divorce decree.

An abuse case is harder, the case require proof of abuse but you don't need a divorce.

 

Later if you get a divorce then you can take the opportunity to convert your abuse case to a divorce case from a waiver case. 

 

what you have said is really helpful, however she's not cooperating when it comes to divorce and that's where am having issues even though she said she was going to file for it.

[Orangesapples 1,954]

55 minutes ago, replaysports said:

You are gonna have a real up hill battle winning... so you saying that everything was fine un until you got the GC and then and only then did the marriage stop working... and then you have been cut by your wife and you never once reported her to the police?! 

 

The likely hood that INS buys that story is low.

 

Not true