I-751 Denied

[Salva 4]

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 4,208]

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 6,976]

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 4]

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 4]

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. 

[TBoneTX 45,583]

Thread is moved from General Immigration Discussion to the Removing Conditions forum -- topic is ROC.

[Salva 4]

On 9/27/2024 at 9:01 PM, 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

Hi @Timona I recived my denial letter and they have denied me not being able to prove abuse(not having police record, medical and psychiatric evaluation) however they haven’t questioned whatever I have  send so far nor they questioned the legitimacy of my marriage. So my question is should I refile now based on divorce with whatever evidence I have? How much value affidavits carry in divorce wavier? Knowing that I don’t have much joint evidence that we shared life together but they haven’t asked for any bonafide evidence is it the indication to go for divorce wavier or get the psychiatric evaluation and apply for abuse wavier again? Thank you in advance?

[Salva 4]

On 9/27/2024 at 9:04 PM, 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.

My landlord who was her step dad is willing to write another letter mentioning we shred finances. We lived in joint family system and I was paying him $1500 every month that included everything. Is the letter enough as an evidence? What more I can do? I have received the denial letter but they haven’t mentioned anything about bonafide marriage . 

[Salva 4]

So I got the denial letter and they have denied me for no having police report, medical report and psychological report. Now I spoke to one of the attorneys today and he said we can file motion to reopen with psychiatric evaluation. I am confused which one I should go with. Motion to reopen or new I-751 under divorce wavier 

[Salva 4]

Please advice I am really stressed out. My i-751 was recently denied for lack of evidence, The denial letter said the following:

Under 8 CFR 216.5(e)(3)(i), battery or extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence that results, or threatens to result, in physical or mental injury. Evidence of abuse may include reports and affidavits from police, judges, medical personnel, school
officials and social service agency personnel. See 8 CFR 216.5(e)(3)(iii).
You have failed to provide sufficient evidence to support your waiver request based on battery or extreme cruelty for the following reason(s). 

 

You must provide an evaluation completed by a professional recognized by USCIS as an expert in the field, as USCIS is not in a position to evaluate testimony regarding extreme mental cruelty from unlicensed or untrained individuals. See 8 CFR 216.5(e)(3)(iv). You did not provide any evaluation(s) done by a licensed clinical social worker, psychologist or a psychiatrist, who are recognized as professionals recognized by USCIS for this purpose, to show that you were the subject of extreme cruelty by the petitioner. your petitioning sponsor during the qualifying marriage. For this reason, you have not demonstrated eligibility for your Form I-751 waiver filing based on battery or extreme cruelty.

 

Now The lawyer i had i fired him after paying 14k in 4 years and he never bought it to my attention that we need mental health evaluation. The new lawyer i am with is telling me to file motion to reopen with more affidavits, mental health evaluation and also ammend the application to consider under divorce and abuse too. My plan is to file for i-129b and as well as refile under divorce wavier however  I have following confusions:

1. If god forbid my motion get denied, will that impact the refilling cause refilling will be divorce wavier and we are also asking them to consider motion under divorce as well?

2. Will I be able to get stamp if my motion is pending? My lawyer said yes, but at this point i dont trust these lawyers.

3. I have to submit motion in 33 days but can i also submit new i-751 within same time frame?

4. lastly Please advice what is best in this situaion?

 

I dont have traditional evidence like joint bank account, joint insurance, joint credit cards. The very next day of our wedding me and my wife got into a terrible accident my ex wife got disbaled in that accident and took over a year to recover.in that year i was with her throughout the time, I also got letter from her doctor that said i was taking care of my disbaled wife. By the time she got better she was already cheating on me with a guy from her school and later got married to same guy. i have very good evidence of her cheating on me in form of screenshots and she later married the same guy.  apart from that i sufferd alot of physical abuse and i never called cops on her I have affidavits from her family testfying the abuse. later i applied for divorce based on cheating and one year sepration and divorce was ammended and granted on mutual agreement. Refilling will put me back in status and will allow me travel outside and work freely however i-129b might save some time rather than refilling and if i do both concurrently if motion gets denied then refilling is already in process. 

 

 

please advice what is the best option as of now??????? 

 

Thank you

[Salva 4]

Please advice I am really stressed out. My i-751 was recently denied for lack of evidence, The denial letter said the following:

Under 8 CFR 216.5(e)(3)(i), battery or extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence that results, or threatens to result, in physical or mental injury. Evidence of abuse may include reports and affidavits from police, judges, medical personnel, school
officials and social service agency personnel. See 8 CFR 216.5(e)(3)(iii).
You have failed to provide sufficient evidence to support your waiver request based on battery or extreme cruelty for the following reason(s). 

 

You must provide an evaluation completed by a professional recognized by USCIS as an expert in the field, as USCIS is not in a position to evaluate testimony regarding extreme mental cruelty from unlicensed or untrained individuals. See 8 CFR 216.5(e)(3)(iv). You did not provide any evaluation(s) done by a licensed clinical social worker, psychologist or a psychiatrist, who are recognized as professionals recognized by USCIS for this purpose, to show that you were the subject of extreme cruelty by the petitioner. your petitioning sponsor during the qualifying marriage. For this reason, you have not demonstrated eligibility for your Form I-751 waiver filing based on battery or extreme cruelty.

 

Now The lawyer i had i fired him after paying 14k in 4 years and he never bought it to my attention that we need mental health evaluation. The new lawyer i am with is telling me to file motion to reopen with more affidavits, mental health evaluation and also ammend the application to consider under divorce and abuse too. My plan is to file for i-129b and as well as refile under divorce wavier however  I have following confusions:

1. If god forbid my motion get denied, will that impact the refilling cause refilling will be divorce wavier and we are also asking them to consider motion under divorce as well?

2. Will I be able to get stamp if my motion is pending? My lawyer said yes, but at this point i dont trust these lawyers.

3. I have to submit motion in 33 days but can i also submit new i-751 within same time frame?

4. lastly Please advice what is best in this situaion?

 

I dont have traditional evidence like joint bank account, joint insurance, joint credit cards. The very next day of our wedding me and my wife got into a terrible accident my ex wife got disbaled in that accident and took over a year to recover.in that year i was with her throughout the time, I also got letter from her doctor that said i was taking care of my disbaled wife. By the time she got better she was already cheating on me with a guy from her school and later got married to same guy. i have very good evidence of her cheating on me in form of screenshots and she later married the same guy.  apart from that i sufferd alot of physical abuse and i never called cops on her I have affidavits from her family testfying the abuse. later i applied for divorce based on cheating and one year sepration and divorce was ammended and granted on mutual agreement. Refilling will put me back in status and will allow me travel outside and work freely however i-129b might save some time rather than refilling and if i do both concurrently if motion gets denied then refilling is already in process. 

 

 

please advice what is the best option as of now??????? 

[Crazy Cat 41,982]

***Similar topic merged.   @Salva, Do not start a new topic on this subject, Keep questions and answers organized under a single thread*****

Edited October 11 by Crazy Cat

[Salva 4]

24 minutes ago, Crazy Cat said:

***Similar topic merged.   @Salva, Do not start a new topic on this subject, Keep questions and answers organized under a single thread*****

My apologies, i am still tryimg to figure out how to navigate here

[powerpuff 6,744]

I think this is lawyer territory. Does your new lawyer specialize in these type of cases? 

[Salva 4]

5 minutes ago, powerpuff said:

I think this is lawyer territory. Does your new lawyer specialize in these type of cases? 

he is saying yes but idk and trust these lawyers. The community provides more guidnace and proper advice