ROC under Waiver for Battery or Extreme Cruelty- Is Psy evaluation mandatory? Not Per USCIS Policy manual!

[OldUser 6,978]

28 minutes ago, AT20000 said:

 “Agree to my conditions, or I won’t sign the divorce papers,” using the threat of losing immigration status as leverage.

Thankfully, in this country it's not necessary to get a signature / approval from the spouse to get divorced.

Edited September 29 by OldUser

[AT20000 38]

4 minutes ago, OldUser said:

In this country it's not necessary to get a signature / approval from the spouse to get divorced.

True, but in states where Mediation is mandatory which is most states now (New-Jersey, Oregon, etc), you can Easily drag mediation for 9 months to a year. Or request a mediation. Then you can have your lawyer schedule the Family court hearing as far as they possibly can, request a Custody evaluation (it takes about 6-8 months) and then file motion on top of motion and the 2 years are over! I have a friend who is going through that with a German citizen as we speak

[TBoneTX 45,591]

Thread is locked for review.

[TBoneTX 45,591]

This thread is now reopened after the following actions:

 

-- Several posts have been removed for derailing and Terms of Service violations*.

-- Administrative action has been taken against one participant's account.

-- The same participant is banned from further participation in this thread.

          *Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

 

Arguing with the OP is not to continue.  Please continue with discussion focused on her original question:

"[...] we should prevent people from revictimizing DV victims because this could push anyone over the edge and into taking desperate actions.  OR we need to be more specific as to WHY USCIS required a Psych eval.  In other words, there probably is a good reason why USCIS requested, if it ever happened, a psych eval and we need to be clear about this:  Was the rest of the file weak in terms of other evidence?  What is your experience?"

 

TBoneTX

for VJ Moderation

[Boiler 45,731]

9 hours ago, AT20000 said:

No, you are mistaken, entering the US in a bad-faith marriage is always fraud, why would USCIS allow for fraud? You still have to submit some level of proof that you were married in good faith.

 

Here is what the USCIS policy manual says: 

"Eligibility

CPR spouses who entered into a qualifying marriage in good faith and were battered or subjected to extreme cruelty by their petitioning spouse may request a waiver of the joint filing requirement. Additionally, if the CPR spouse is a parent of a child battered or subjected to extreme cruelty by the petitioning spouse, the CPR spouse may also apply for the waiver regardless of the child’s citizenship or immigration status."

 

You can say no to what i said but you seem to be saying no to what i did not.

[AT20000 38]

On 9/28/2024 at 9:16 PM, Boiler said:

 

You can say no to what i said but you seem to be saying no to what i did not.

Then be courageous and speak your mind because I don't understand what you "did not say". I see only 2 options here: You either were genuinely mistaken (I answered this one) OR you were indeed sarcastic and you are insinuating that only frauds are choosing the Extreme Cruelty waiver because they entered the marriage in bad faith.  Considering what just happened, it sounds like a crusade against Domestic Violence victims... Which EXACTLY why I made this post on THIS site. I am not here to get help, I am here to help. Thankfully I managed to turn my life around a long time ago but I still remember how I was treated when I was searching for information. I also came back on here from time to time and helped a few people along the way who came here for support and took the same beating I took from the same type of "well-meaning" members; Well-meaning members who, for any reason, think they are on a mission to "unmask" fraudulent migrants or drive them into a brick wall, etc

 

The funny part is that my job consists in interacting with the Feds almost daily and if anybody here thinks that they can be fooled easily and that their mission is to help the Feds "weed out" bad apples because they are unable to, they can stand down anytime: Asking questions and tripping fraudsters is what they do for a living: They are as good as it gets.

 

So let me ask you again: if you feel that your input can be constructive for the people who are in a DV situation, can you please clarify your thoughts?