About to file I751 to remove the conditions of residency after divorce

[leila85 12]

Hello everyone,

 

I hope some of you in the same situation can give me some advices. 

 

Here is my story and I will try to make it short lol 😁

 

I came here with a student visa and I got married in June 2018 with an American citizen. Everything was perfect and we got along so well and I thought I was gonna have kids with him etc.

Sadly after we got married things started to change and we would spent most of our time arguing. My ex husband neglected me and had more than one affair. he confessed that  he was cheating on me for six months but that he was willing to change and that I should give him another chance. So I did. Unfortunately things did not change much and on July 2020 we finally decide to file for divorce. My divorce is now finalized and I am looking into hiring an attorney to file a waiver of the jointly I751. 

 

Who had or is going through a similar experience? 

Do you think I should mention that he  cheated on me?

How should I write my explanation letter?

Which evidence should I submit?  

 

I have some affidavit letters from my ex husband, my ex mom in law, my ex sister in law and two of my friends who knew both of us. 

Bank statements, health and life insurance, pictures, AAA card, Costco card, auto insurance, contract letter and other things we did together and bought together. text messages with him and his family.

 

Also, I am planning to travel out of the country. Should I get a passport stamp other than my extension letter?

 

How long does the whole process take?

 

How are the odds to succeed since we were only married for 2 years and with no children? (he didn't want any that was another reason why we argue)

 

Oh also I forgot to mention than when things started to fall apart I started to see a psychologist as I felt lonely and betrayed, should I show those reports or not?

 

Thank you so much in advance and I hope I can help someone else along the way.

 

[H.Angy 51]

I would bring all the evidence that proves that you entered/had a bona fide marriage. 

The medical reports might help.

 

[DoodlesLife 19]

Hi @leila85

I think you should submit everything you have paper proof of. And don't forget to write a letter explaining when and why things went wrong (just make sure it coincides in dates with all of your documentation).

 

About cheating I am not sure about. If you have proof of that (text messages, etc.), I would say go for it. if not, then it's a delicate question. I am 100% sure my ex was cheating on me, however he never admitted that (although it was mentioned in a lot of fights), and I didn't have any proof. So I decided to leave it out of my letter and the interview. Anybody can claim that their ex was cheating on them, but all the immigration cares about is physical proof.

[da95826 387]

In an i751 devorse waiver case you only need to prove you entered the marriage in good faith, you need to prove you lived together up to the point of separation, you need to prove that you both shared finances commingling money, joint taxes, joint bank accounts, photos and so on up to the point of separation. You do not need to prove you had a bad marriage.

 

You only need to provide the devorse decree in a devorse waiver case along with good faith proof of your marriage before separation. 

 

Things you both did together to save the marriage is good faith proof, proof you had an argument (like a police report) would help to prove you were together as a married couple, both going to marriage counseling also good proof of a bona fide marriage.  

 

By the way a i751 waiver case can be filed anytime even before the 90 day period before your conditional green card expires. You can file early when you are ready.

[Mollie09 1,543]

10 hours ago, leila85 said:

Hello everyone,

 

I hope some of you in the same situation can give me some advices. 

 

Here is my story and I will try to make it short lol 😁

 

I came here with a student visa and I got married in June 2018 with an American citizen. Everything was perfect and we got along so well and I thought I was gonna have kids with him etc.

Sadly after we got married things started to change and we would spent most of our time arguing. My ex husband neglected me and had more than one affair. he confessed that  he was cheating on me for six months but that he was willing to change and that I should give him another chance. So I did. Unfortunately things did not change much and on July 2020 we finally decide to file for divorce. My divorce is now finalized and I am looking into hiring an attorney to file a waiver of the jointly I751. 

 

Who had or is going through a similar experience? 

Do you think I should mention that he  cheated on me?

How should I write my explanation letter?

Which evidence should I submit?  

 

I have some affidavit letters from my ex husband, my ex mom in law, my ex sister in law and two of my friends who knew both of us. 

Bank statements, health and life insurance, pictures, AAA card, Costco card, auto insurance, contract letter and other things we did together and bought together. text messages with him and his family.

 

Also, I am planning to travel out of the country. Should I get a passport stamp other than my extension letter?

 

How long does the whole process take?

 

How are the odds to succeed since we were only married for 2 years and with no children? (he didn't want any that was another reason why we argue)

 

Oh also I forgot to mention than when things started to fall apart I started to see a psychologist as I felt lonely and betrayed, should I show those reports or not?

 

Thank you so much in advance and I hope I can help someone else along the way.

 

Hey there, I went though something similar, but my ex didn't cheat on me and we were married for 10 months but together for 2 years. In my letter to USCIS I only mentioned we entered into the marriage in good faith but things didn't work out. My ex wrote an affidavit saying pretty much the same. I wouldn't go into much more detail, it's not necessary.

I did hire a lawyer because I needed guidance on what to submit. I submitted bank statements, mortgage statements (we bought a house together), insurance docs, photos, cards, letters addressed to both of us... a long list that my lawyer drafted for me. I also consulted a therapist and sent some of the notes she took but it felt a little invasive and I don't think I would do it again. I wanted to prove that I tried to make it work but that's not relevant for the ROC.

Your odds are really high as long as you entered into the marriage in good faith

Good luck, let me know if you have questions - I was approved without interview. The whole process took 14mos but that was before Covid.

Edited April 15, 2021 by Mollie09

[leila85 12]

@Mollie09 thank you so much! Your replied helped me a lot on how going forward with the case 😀.

Yes I am planning to hire an attorney I think it’ll make my life much easier 😀

thank you so much again I’ll keep you posted 😍

[leila85 12]

Thank you @da95826 I do not have any police reports but I have messages of us arguing etc... Thank you so much finger crossed 😃

[leila85 12]

Hello @DoodlesLife,

 

thank you so much for sharing 😀. I think we talked about the cheating in some messages and I have all the screen shots. 

But I have photos of him and this woman hanging out together and kissing... But I do not know if I will feel comfortable showing them. We talk with my ex husband every once in a while and I am still in good term with his family I hope that will help me. 

thank you so much for helping me 😃 

[Doctor 123 6]

23 hours ago, leila85 said:

Hello everyone,

 

I hope some of you in the same situation can give me some advices. 

 

Here is my story and I will try to make it short lol 😁

 

I came here with a student visa and I got married in June 2018 with an American citizen. Everything was perfect and we got along so well and I thought I was gonna have kids with him etc.

Sadly after we got married things started to change and we would spent most of our time arguing. My ex husband neglected me and had more than one affair. he confessed that  he was cheating on me for six months but that he was willing to change and that I should give him another chance. So I did. Unfortunately things did not change much and on July 2020 we finally decide to file for divorce. My divorce is now finalized and I am looking into hiring an attorney to file a waiver of the jointly I751. 

 

Who had or is going through a similar experience? 

Do you think I should mention that he  cheated on me?

How should I write my explanation letter?

Which evidence should I submit?  

 

I have some affidavit letters from my ex husband, my ex mom in law, my ex sister in law and two of my friends who knew both of us. 

Bank statements, health and life insurance, pictures, AAA card, Costco card, auto insurance, contract letter and other things we did together and bought together. text messages with him and his family.

 

Also, I am planning to travel out of the country. Should I get a passport stamp other than my extension letter?

 

How long does the whole process take?

 

How are the odds to succeed since we were only married for 2 years and with no children? (he didn't want any that was another reason why we argue)

 

Oh also I forgot to mention than when things started to fall apart I started to see a psychologist as I felt lonely and betrayed, should I show those reports or not?

 

Thank you so much in advance and I hope I can help someone else along the way.

 

I know someone in the same situation and uscis asked him about finances. 

They want to see if there was interminglin of finances. Did you have a joint account?

My friend didn't have so his application was rejected. Hope this helps!!

[leila85 12]

@Doctor 123 hello thank you for answering to my post! We did have a bank account together. I hope your friend can appeal maybe he can try with an attorney? 

[Doctor 123 6]

His case is a little complex. He got married again, this time to GC holder last year.

This year his application was rejected from his old marriage. 

He reapplied this year for AOS with his wife's status and also reapplied for removal of conditions from his old marriage, his applications were accepted so he's waiting.