I-751 Removing Conditions with Extreme Cruelty Waiver

[OldUser 5,330]

4 minutes ago, lisalisalisa said:

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.

Well, you're not going to stay married in broken abusive relationship just for the immigration benefit, as it would constitute immigration fraud, right? So realistically he doesn't have control. I'd forget about 3 year rule for naturalization. With current wait times it will be about the same as applying under 5 year rule.

[lisalisalisa 0]

5 minutes ago, OldUser said:

Well, you're not going to stay married in broken abusive relationship just for the immigration benefit, as it would constitute immigration fraud, right? So realistically he doesn't have control. I'd forget about 3 year rule for naturalization. With current wait times it will be about the same as applying under 5 year rule.

Of course I won’t. That’s why I contacted an immigration lawyer and was advised to notify the USCIS of the threats through abuse waiver as I clearly fall under the “extreme cruelty” law.

 

I was told by the lawyer that filing for N400 while the case is pending might expedite the process.

Edited June 21 by lisalisalisa

[OldUser 5,330]

Just now, lisalisalisa said:

Of course I won’t. That’s why I contacted an immigration lawyer and was advised to notify the USCIS of the threats through abuse waiver as I clearly fall under the “extreme cruelty” law.

If you work with attorney, please do listen to their advice because they know your case better than us. 

[Crazy Cat 40,154]

2 minutes ago, lisalisalisa said:

was advised to notify the USCIS of the threats

Honest question: Did the attorney tell which waiver has a higher burden of proof?

Edited June 21 by Crazy Cat

[mam521 1,891]

1 hour ago, lisalisalisa said:

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”

If he signed the I-864, he's financially responsible for you until you get citizenship or put 40 quarters of work in.  So, whatever about the marital assets.  Immigration is a different kettle of fish and he's still responsible.  Period.  

 

53 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.

 

The key here is a chance, not a guarantee.  

 

Think about the optics here - you claim your marriage is really, really awful.  You have an out - divorce and submit ROC with waiver, but you're pushing to spend a whole lot of money and time for something that isn't a guarantee just so you can apply for citizenship 2 years earlier?  If you were adjudicating your case, what would be passing through your mind when the primary goal is to ensure people aren't committing immigration fraud?  

 

Additionally, by creating more work with waivers, you could tack more time onto the adjudication process, which will potentially land you at 2 more years anyway.  

 

Honestly, from the little snippets provided as insight, it sounds like you're both angry, the divorce will be messy and it's more that you're looking for vindication.  Please remember, you have a child together and that baby shouldn't get caught up in the middle.  What's happening between you and your husband is between you and your husband.  Please don't weaponize your child in the mix of it all.  You may want to make him pay, but at what price?  

[Family 3,621]

Did I miss the part where OP states there is a child ? 
It is glaringly obvious that OPs main objective is fast natz so she can bring over her parent(s) or other relative. 
 

The marriage broke within a month of joint I-751 …but the battle is over a$$ets not scarcity of bonafide marriage ( while it lasted). 
 

The immigration attorneys advised you to throw in the kitchen sink approach and include VAWA waiver…because you have no concrete plans on taking action on terminating this failed marriage…

 

You claim you are ‘entitled “ to marital assets…that depends . Was your husband trying to negotiate a post nup or is there a significant financial event taking shape? 

‘Your priorities seem better served by family law attorneys and building up an  immigration abuse claim will not give you leverage in family court. 
 

Hire a divorce lawyer and move on with your life.
 

 

 

[mam521 1,891]

19 minutes ago, Family said:

Did I miss the part where OP states there is a child ? 

 

Child mentioned in the first post: 

 

"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."

[Family 3,621]

23 minutes ago, mam521 said:

Child mentioned in the first post: 

 

"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."

Thank you for pointing that out. Worth mentioning that even if custody and assets become contentious, OP can ask her divorce lawyer to bifurcate status for I-751 ! USCIS purpose.

[beloved_dingo 1,953]

2 hours ago, lisalisalisa said:

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”

 

I know you want to naturalize as soon as possible, but it seems like filing for divorce, proactively going after primary custody of your child, and removing yourself from this abusive marriage should be priority #1, not naturalization. If you file for divorce first, he can't use that as power over you. It taking 2 years longer to naturalize may seem like an extremely long time, but it's really not in the grand scheme of things. Can I ask why petitioning for your relative is more important than getting out of the relationship ASAP? 

[SalishSea 17,060]

1 hour ago, Family said:

It is glaringly obvious that OPs main objective is fast natz so she can bring over her parent(s) or other relative. 

BINGO.

[pushbrk 12,330]

5 hours 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.

 

What's the hurry for citizenship?

[Boiler 44,019]

I assumed and still assume the OP wish to sponsor Parents.

 

We very rarely see extreme cruelty waivers, begs the question how long the take, sort of assuming multiple years. What do the Lawyers say?

Edited June 21 by Boiler

[Cathi 5,632]

A divorce waiver would be the easiest and least expensive route.