I-751 Removing Conditions with Extreme Cruelty Waiver

[lisalisalisa 0]

Hello everyone!

 

My husband and I filed joint petition to remove conditions on my green card in February 2024. I got an extension notice for 48 months from USCIS. The same month after we jointly filed our marriage started collapsing and there is also evidence of financial and technological abuse towards me and threats to divorce me if I don't do certain things. In January 2025 I could have being eligible for applying for my citizenship under 3 year rule but the chances of divorce before that are extremely high. I was advised by several lawyers to proceed with a Battery or Extreme Cruelty Waiver since I fall under Extreme Cruelty part and have bank statements and other documents proving financial abuse + technological abuse (stalking). However I am still missing some hard evidence such as psychological evaluation and affidavits from witnesses of the abuse which are crucial to prove Extreme Cruelty under this waiver. I can do psychological evaluation but it's gonna cost $2300 + legal fees for filing this waiver is $5000 and possible expenses down the road if I get RFE and obligatory amendment of i-751 in case we actually get divorced which costs $1500. It's extremely important for me to get my citizenship ASAP preferably under 3 year rule to be able to file for my relative's green card hence the abuse and threats by my husband because he's completely aware of that and uses my immigration status to gain control over me.

 

So my question is - is it worth it to actually file for Extreme Cruelty waiver + Divorce Waiver and dig deeper, pay for necessary lacking evidence such as medical reports and file for Naturalization while my case is pending hoping that it might be expedited due to combo interview (i-751 under extreme cruelty +N400) or should I just give up that idea and file with a Divorce Waiver solely and wait 5 years to get citizenship?

 

As far as I understood and some cases that I found on this forum - even though people who file with Extreme Cruelty waiver are exempt from waiting for 5 years to be eligible for N400 might still be delayed and finally get approved in 2-3 years when their 5 years residency hits. In that cases I feel bad for people because I feel like the abuse waiver was unnecessary step and they could have just filed with Divorce Waiver and save money on lawyers.

 

My i-751 case is really solid considering the fact that we a child born into the marriage, have joint everything, photos, insurance, affidavits from friends etc. So I have PLENTY of evidence of bona fide marriage but I would need to pay for psych evaluation or Extreme Cruelty waiver.

 

Do you think it's worth it? What are my chances of getting approved ASAP in case I file for Extreme Cruelty then add divorce grounds and then file for N400 under 3y rule when my case is pending? 

Edited June 21 by lisalisalisa

[Boiler 44,051]

The simplest route is the Divorce Waiver, you have to have a valid marriage to file under 3 years so no.

[pushbrk 12,330]

You have a lawyer.  Listen to and follow the advice of your lawyer.  They know much more about your case than you can tell us.

[Pinkrlion 2,620]

You cannot file for citizenship under 3 year rule if you are filing Divorce or Extreme Cruelty waiver. You have to wait the five years. 

[TBoneTX 43,666]

Thread is moved from the CR-1 Process forum to the Removing Conditions forum -- topic involves that phase.

[OldUser 5,351]

12 hours ago, Boiler said:

The simplest route is the Divorce Waiver, you have to have a valid marriage to file under 3 years so no.

Agree with this one.

Filing for divorce waiver doesn't mean you cannot include some of the abuse evidence as explanation to why you divorced. However, if you go Extreme Cruelty (note the word Extreme), you'll have a higher bar for approval and would need even more compelling evidence.

 

Either way don't expect I-751 and N-400 to be adjudicated fast. I-751 is lowest priority now, normal cases take 3 years easily. And with potentially new administration in 2025, it may go even slower. Not to mention, N-400 is going fast nowadays because of election year, but will likely slow down next year.

 

 

Good luck!

 

Edited June 21 by OldUser

[lisalisalisa 0]

26 minutes ago, OldUser said:

Agree with this one.

Filing for divorce waiver doesn't mean you cannot include some of the abuse evidence as explanation to why you divorced. However, if you go Extreme Cruelty (note the word Extreme), you'll have a higher bar for approval and would need even more compelling evidence.

 

Either way don't expect I-751 and N-400 to be adjudicated fast. I-751 is lowest priority now, normal cases take 3 years easily. And with potentially new administration in 2025, it may go even slower. Not to mention, N-400 is going fast nowadays because of election year, but will likely slow down next year.

 

 

Good luck!

 

Hi! Do you think that multiple grounds waiver (abuse + divorce) for i-751 are processed slower than the ones that were filed only with divorce? Or do both options fall under the same processing timeline for i-751 with a waiver?

 

I’m also extremely stressed about the whole abuse situation and was advised by two lawyers that I definitely fall under under “extreme cruelty” part as it’s controlled by VAWA - they sent me screenshots from that act that clearly states that economic abuse is considered an abuse. I crave justice!!!

Edited June 21 by lisalisalisa

[Marieke H 2,379]

16 minutes ago, lisalisalisa said:

I crave justice!!!

Justice is not achieved through immigrations, but by filing a police report. 

 

The divorce waiver would definitely be the easiest route. But we don't know the details of your case, so follow your lawyer's advice. 

[OldUser 5,351]

16 minutes ago, lisalisalisa said:

Hi! Do you think that multiple grounds waiver (abuse + divorce) for i-751 are processed slower than the ones that were filed only with divorce? Or do both options fall under the same processing timeline for i-751 with a waiver?

 

I’m also extremely stressed about the whole abuse situation and was advised by two lawyers that I definitely fall under under “extreme cruelty” part as it’s controlled by VAWA - they sent me screenshots from that act that clearly states that economic abuse is considered an abuse. I crave justice!!!

It's possible this type of case could tak longer to adjudicate. Somebody trained at USCIS needs to look at the evidence etc. But it's hard to predict.

 

18 minutes ago, lisalisalisa said:

I crave justice!!!

You won't get justice with USCIS. If you crave justice - I'd go through legal system.

[lisalisalisa 0]

53 minutes ago, OldUser said:

It's possible this type of case could tak longer to adjudicate. Somebody trained at USCIS needs to look at the evidence etc. But it's hard to predict.

 

You won't get justice with USCIS. If you crave justice - I'd go through legal system.

 By justice I mean that I’m not gonna be dependent on my spouses actions regarding my ability to get citizenship in 3 years.

My spouse wants me to sign a document that states that I give up all of our marital assets (I’m entitled to them by family law) otherwise he will file for divorce. My spouse tells me “if you want to get your citizenship you should sign the document otherwise I will divorce you”

Which is basically blackmailing, and it’s only a part of a abuse that I’m going through.

By filing with an abuse waiver I’m hoping to still be elegible to naturalize in 3 years regardless of my marriage status and I’m putting the control over my immigration status into the hands of USCIS - who are entitled to make a decision. By that I mean justice.

[Crazy Cat 40,180]

4 minutes ago, lisalisalisa said:

“if you want to get your citizenship you should sign the document otherwise I will divorce you”

That is a toothless threat.  Your spouse has no control over your ability to apply for citizenship at this point.

[lisalisalisa 0]

2 minutes ago, Crazy Cat said:

That is a toothless threat.  Your spouse has no control over your ability to apply for citizenship at this point.

If I proceed with just a divorce waiver USCIS will make a decision based on bona fide marriage and I will fall under 5 year rule for N400 unless I notife them with a an abuse waiver about my spouse’s blackmailing - then I will get a chance to be exempt from 5y rule.

 

[Crazy Cat 40,180]

7 minutes ago, lisalisalisa said:

If I proceed with just a divorce waiver USCIS will make a decision based on bona fide marriage and I will fall under 5 year rule for N400 unless I notife them with a an abuse waiver about my spouse’s blackmailing - then I will get a chance to be exempt from 5y rule.

 

Like I said, that is a toothless threat.  Many, many I-751s are approved with a waiver.  If spouse files for a divorce, you can apply with a divorce waiver.  I would let him know, through your attorney, that it is in his best interest for you to become a US citizen as soon as possible. 

Edited June 21 by Crazy Cat

[lisalisalisa 0]

11 minutes ago, Crazy Cat said:

Like I said, that is a toothless threat.  Many, many I-751s are approved with a waiver.  If spouse files for a divorce, you can apply with a divorce waiver.  I would let him know, through your attorney, that it is in his best interest for you to become a US citizen as soon as possible. 

You didn’t understand my concern entirely. My husband still DOES hold the control over getting my citizenship in 3years because if we divorce I will get it in 5years. He knows it - and hence the threats.

 

That’s what his threat is entirely based on - “you want to get US passport in 3y? Sign the document. If not, then I will divorce and you will naturalize in 5 years”

 

Edited June 21 by lisalisalisa

[Crazy Cat 40,180]

6 minutes ago, lisalisalisa said:

if we divorce I will get it in 5years.

Filing a divorce waiver might be easier than an abuse waiver....filing under the 5 year rule is easier.  Good luck.