I-751 Denied

[Salva 1]

My I-751 was recently denied and ever since then I have been in utter shock. I filed back in Feb 2021 and last year around this time I got a notification that my case is transferred so that an interview can be scheduled. I recently reached out to my congressman for help and within a week my case was denied from field office. A part of me was expecting it since I did not had any police report, medical report or physiological assessment report and then my lawyer filed an i-751 based on abuse and battery. My evidence included pictures of abuse, written statements of those who witnessed my abuse physical and emotional, joint tax return for one year, a letter from her doctor saying I was with Taking care of my  wife during her sickness which was from 2018 March to 2019 June,joint sub lease, whole bunch of pictures together, with family and ofc abuse pictures, I think I have a good address proof in form of tax returns, id cards. My question is what can I do better to refile knowing that i have limited evidence. Is it ok if I contact landlord and ask for the lease along and make reciepts for me on my name and my ex wife’s name. Would that work in uscis? Additionally I have to get more affidavits cause I am putting weight on my application using affidavits.  Please advice and I am yet to recieve my denial letter and my plan is to refile under divorce wavier. The reason I don’t have joint evidence is because I along with my wife got into an accident within 24 hours of our wedding. She was hospitalized for 1 month and bed rested for over a year. During this time it was impossible for me to tell her to open joint account and then none of us was working. We were living in family house and were supported by her family. By the time she got back on her feet completely one she was cheating and fell for someone else secondly she was not interested in having joint stuff cause marriage was going sideways however I would still sent her money via cash app. We were together from the day we got married till March 2020 And in September 2021 our divorce was finalized based on mutual agreement. I tried to open an joint bank account but we got into an argument and she said my fafsa will get affected since she was getting it. I am really confused how do I get the Joint evidences. As I mentioned we were living in family house and Sharing our finances together I would pay $1500 every month to her step for rent and utilities. If I contact him I am sure he will make reciepts of the rent that I paid. Would that work for USCiS?  He previously have given me affidavit for witnessing abuse. Please advice

[Timona 4,181]

Are you divorced? 

 

If so, or if not but planning to, file divorce and then file I-751 with divorce waiver checked. 

 

I am not sure why immigrats tend to think they have to prove abuse to immigration inorder to get their ROC approved. You may have been abused, I don't doubt that. But divorce option is the path of least resistance. Stop trying to prove that you indeed entered the marriage in good faith and left only because you were abused. Too much work. Go with divorce option. 

 

I just spoke about this in another thread today, below. 

 

I always advocate for the easiest path. Stop trying to complicate stuff. Gather all those evidences of shared marital life and file afresh with divorce option. 

 

https://www.visajourney.com/forums/topic/824860-roc-under-waiver-for-battery-or-extreme-cruelty-is-psy-evaluation-mandatory-not-per-uscis-policy-manual/#comment-11011956

[OldUser 6,109]

I am really sorry you got denied.

 

Please post your redacted denial letter here once you receive it. This would not only allow others to help you, but educate the ones in similar position as you are.

 

You definitely need to get evidence on living together, letters from landlord etc.

How did you pay the rent / bills? Do you have evidence of that?

 

The tricky part is switching from battery case to divorce waiver case. I'm not 100% sure that's going to work. USCIS can theoretically stick to their guns and insist on seeing evidence that they missed in your prior filing.

 

Therefore it's very important to understanding the basis for denial.

 

Hang in there.

[Salva 1]

25 minutes ago, Timona said:

Are you divorced? 

 

If so, or if not but planning to, file divorce and then file I-751 with divorce waiver checked. 

 

I am not sure why immigrats tend to think they have to prove abuse to immigration inorder to get their ROC approved. You may have been abused, I don't doubt that. But divorce option is the path of least resistance. Stop trying to prove that you indeed entered the marriage in good faith and left only because you were abused. Too much work. Go with divorce option. 

 

I just spoke about this in another thread today, below. 

 

I always advocate for the easiest path. Stop trying to complicate stuff. Gather all those evidences of shared marital life and file afresh with divorce option. 

 

https://www.visajourney.com/forums/topic/824860-roc-under-waiver-for-battery-or-extreme-cruelty-is-psy-evaluation-mandatory-not-per-uscis-policy-manual/#comment-11011956

Yes I am divorced. As I mentioned we were living in a family house. I was paying her step dad 1500 every month. Since my ex wife wasn’t working and we were living with her parents they would support us. We never had a car together. The only joint evidence I have is. Tax return for one year. Stimulus check on both of our names that had our address on it, police report of an accident that have both of our names on it, joint sub lease and affidavits from her uncle , step father testifying my marriage. We also have bud tickets if our names which we took to New York and pictures from that trip,I have an entire wedding album, evidence that there was joint bank account but she took it down without my knowledge, I have more evidence of her cheating on me like pictures of her with her  bf who later she got married to and those pictures are from the date when she was married to me. I can write a written statement that would say why I don’t have joint evidence but dint know all of this would work or not. But I will definitely refile under divorce wavier 

[Salva 1]

28 minutes ago, OldUser said:

I am really sorry you got denied.

 

Please post your redacted denial letter here once you receive it. This would not only allow others to help you, but educate the ones in similar position as you are.

 

You definitely need to get evidence on living together, letters from landlord etc.

How did you pay the rent / bills? Do you have evidence of that?

 

The tricky part is switching from battery case to divorce waiver case. I'm not 100% sure that's going to work. USCIS can theoretically stick to their guns and insist on seeing evidence that they missed in your prior filing.

 

Therefore it's very important to understanding the basis for denial.

 

Hang in there.

As I said I was living with her family who would support us. Financially and in very possible way. From giving us rides to taking doctor appointments it was her step dad and her brother. I was paying $1500 cash to her step father every month or sometimes he would take my debit card and withdraw the money and then return my card. If I knew I will end up in this situation I would have kept everything documented.