I-751 abuse wavier | Potomac feb 2021

[Salva 4]

Hi, 

 

I have been a silent reader of this forum and it educated alot more about my case more than my lawyer. please provide any advice. I am currently in really bad situation, as my i-751 has been pending since feb 2021.  long story short as soon my ex wife started getting better after accident things changed between us, she became voilent, vocal, aggresive,`abusive towards me and took control of all my belongings. she kicked out of the house and I was living at my employers house for who i used to work for. I have strong evidence of her cheating on me as I caught her red handed. Fast forward aug 2020 I moved out and filed for divorce in march 2021, before filling for divorce I hired a lawyer who filed i-751 abuse wavier in feb 2021. The problem with my case is I never called cops on my ex wife as i would get direct threats from her and i never went to any physc evaluation and unfortunately my lawyer never told me to do so. I recently got the notification from USCIS that my case is transferred to NBC so that interview can be scheduled. Before case transfer I got the RFE asking for medical reports, police reports, my personal statement, and pictures. apart from police report, medical report, affidavits from counselor I submitted affidavits from my  ex step father in law, my ex wife's uncle, and my ex collogues who witnessed abuse marks on my body. My submission includes strong evidence of my ex wife cheating on me, affidavits testifying physical, emotional, financial abuse from my ex wife, text conversations screenshot of my ex wife threatening me, insulting me, calling me names, joint sub lease, letter from her doctor that i was with my ex wife during her hospitalization, pictures of my wounds, some pictures of us together, pictures with her family. we had a joint bank account together but my ex wife took it down in 3 weeks after opening it without my knowledge. I also submitted documentation for that. Now I am having some serious doubts on my case as the more reviews I am reading here people have tons of evidence for their case and compare to them I dont have much. should I just enhance my i-751 and change to divorce wavier instead? My lawyer is also ripping me off too as of now I have paid him around $10K but I feel like he don't know what he is doing. I dont know what will be the outcome of my case, I call USCIS and they are saying we are not able to provide any info on your case. I am really depressed!!!!! please advice and thank you!

[Boiler 45,362]

Most people file with  a Divorce Waiver.

[OldUser 6,508]

Sorry to hear about your situation. Did you include copy of divorce decree in your submission or reply to RFE? It looks like you have to get ready for the interview. Will your lawyer be attending it? 

 

Edited October 29, 2023 by OldUser

[Salva 4]

Yes I did submit divorce decree.with my RFE

[Ontarkie 14,193]

~~Moved to Effects of Major Family CHanges, from ROC- as similar threads are discussed here.~~

[Daphne . 1,850]

Hindsight is 20/20 of course, but I would have filed for the I-751 with a divorce waiver to begin with. People get divorced, it happens, and as long as you were able to provide evidence that this marriage was entered in good faith, this would not have been a huge issue.

 

It looks like you were advised to go the abuse/extreme cruelty way, but I think that just made it way more difficult. I am not sure of your chances with changing it to a ‘normal’ I-751 with a divorce waiver, hopefully other members have a better idea about that. 

[Boiler 45,362]

Many of the things mentioned seem at best to be related to a bad marriage not abuse, well not abusa as required in a waiver.

 

And then the issues mentioned that might help do not seem well supported.

 

A Divorce waiver is usually much simpler.

[Crazy Cat 41,651]

7 minutes ago, Boiler said:

Many of the things mentioned seem at best to be related to a bad marriage not abuse, well not abusa as required in a waiver.

 

And then the issues mentioned that might help do not seem well supported.

 

A Divorce waiver is usually much simpler.

Agree.  I'm not sure why people choose any other option if divorced.  Only a divorce decree and marriage evidence are required.

 

Edited October 29, 2023 by Crazy Cat

[Daphne . 1,850]

36 minutes ago, Crazy Cat said:

Agree.  I'm not sure why people choose any other option if divorced.  Only a divorce decree and marriage evidence are required.

 

I think a lot of people think or hope that they will have a better chance of getting the I-751 approved by going the abuse route, and are making it so much harder for themselves. I think they are confusing the I-751 with the AOS (where VAWA is often the way people go in an attempt to still get a greencard if they divorce before AOS is approved). Reddit is full of posts like this. 

[Crazy Cat 41,651]

14 minutes ago, Daphne . said:

I think a lot of people think or hope that they will have a better chance of getting the I-751 approved by going the abuse route, and are making it so much harder for themselves. I think they are confusing the I-751 with the AOS (where VAWA is often the way people go in an attempt to still get a greencard if they divorce before AOS is approved). Reddit is full of posts like this. 

I think you are correct. 

[Salva 4]

Thank you for everyone's response. The problem with applying divorce wavier was I did not have enough evidence to show bonafide marriage, No joint auto or medical insurance, No joint vehicle and I am assuming based on these factors my lawyer applied abuse wavier. By the time my ex wife got back on her feet the abuse had already started it just took me a bit to realize what's happening with me and at that point she was not interested with any of the so called "joint stuff" and my lawyer applied for abuse wavier without even consulting me. I dont know at this point what will be the outcome of my case but the entire situation is too stressful for me and what's stressing me more is USCIS customer rep is not telling me anything about my case. On November 7 my case will be out of processing times and I am planning to submit an inquiry november 8 to get their attention on my case.  

[OldUser 6,508]

20 minutes ago, Salva said:

what's stressing me more is USCIS customer rep is not telling me anything about my case

This is normal. Nobody gets info about their cases over the phone with exception when Tier 1 officer makes things up to get an immigrant off the phone.

[OldUser 6,508]

24 minutes ago, Salva said:

The problem with applying divorce wavier was I did not have enough evidence to show bonafide marriage, No joint auto or medical insurance, No joint vehicle and I am assuming based on these factors my lawyer applied abuse wavier. 

I'm not a lawyer, but my understanding is Abuse Waiver case needs to meet even higher standard compared to good faith marriage case.

[OldUser 6,508]

24 minutes ago, Salva said:

The problem with applying divorce wavier was I did not have enough evidence to show bonafide marriage, No joint auto or medical insurance, No joint vehicle and I am assuming based on these factors my lawyer applied abuse wavier. 

I'm not a lawyer, but my understanding is Abuse Waiver case needs to meet even higher standard compared to good faith marriage case.

[Boiler 45,362]

It seems you have 2 weak options and I certainly cannot tell which is the better.