I-751 Denied

[Boiler 46,107]

Divorce Waiver seems a lot simpler.

[classyam 5]

On 9/27/2024 at 7:58 PM, Salva said:

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.

You filed based on abuse and extreme cruelty, and the case was transferred to be scheduled for an interview after 2 years?  and then got denied without an interview?  My understanding is this type of cases don't involve interviews as they are adjudicated by a "special unit" of USCIS.  Where did you denial letter come from? your local field office or somewhere else?

Edited December 9, 2024 by classyam

[OldUser 7,528]

2 hours ago, classyam said:

 My understanding is this type of cases don't involve interviews as they are adjudicated by a "special unit" of USCIS.  Where did you denial letter come from? your local field office or somewhere else?

Abuse waiver cases definitely involve interviews. One can argue even more often then jointly filed cases. Just like WAVA for AOS, those too involve interviews. USCIS often needs to interview the immigrant (without abusive US citizen spouse) to determine whether this case meets the standard for waiver.

[Salva 4]

On 12/9/2024 at 8:15 AM, classyam said:

You filed based on abuse and extreme cruelty, and the case was transferred to be scheduled for an interview after 2 years?  and then got denied without an interview?  My understanding is this type of cases don't involve interviews as they are adjudicated by a "special unit" of USCIS.  Where did you denial letter come from? your local field office or somewhere else?

It came from local field office 

[Salva 4]

On 9/28/2024 at 7:02 AM, AT20000 said:

This is EXACTLY what I was talking about! You just made my point! MANY things do not add up in this story and I am not necessarily saying that the OP lies (although I would not bet money on that) but it is safe to say that he doesn't make it make sense to the adjudicator (and you can add as much evidence as you want if your story does not make sense, you will be denied) and also he doesn't talk about his statement as evidence (which is extremely surprising since apparently he has a lawyer: Yet another inconsistency)

So let me break it down for you: I quote him: "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"

So I am sorry but this reeks of inconsistencies: They were barely married for a year: 2018 March to 2019 June then there is a big hole in his story (so she is not sick anymore in June 2019 and then they divorced on September 2021 .

So:

-What happened between March 2019 and March 2020 and until 2021? Not mentioned. Please note that the COVID lockdown started in March 2020 in Maryland so he would have been in lockdown with his spouse but no mention of any of that. Where was he?: first red flag

-Where is the evidence of the accident? Not mentioned, second red flag

-She gets hospitalized for a month, where is the evidence? Nowhere: third red flag

-They lived in her family house supported by her parents but he has a lease with some landlord. Makes no sense, fourth red flag

-She is bedridden until June 2019 but SOMEWHAT although she is bedridden at her parents and he has to remain unemployed to be by her side at all times (although they are both students), she finds a way to cheat on him. How that can possibly happen since she is stuck in a bed and social distancing measures started right when she apparently recovered so she could not be in public spaces with anyone? Fifth red flag

-He mentioned that he would "send her money through Cash app", why would he send her money if they are living together vs paying the bills himself? Makes no sense! Oh wait but he also says before that, that they could not open a joint bank account because they both were unemployed for a year so where the heck did this money come from? Sixth red flag

-Then he could not ask her to open a joint bank account because she was in bed : Who is going to believe that? Who cannot open a bank account online? Seventh red flag (this one is glaring)

-Then we learn that he filed for FAFSA (and her too) so they basically are students and FAFSA would be the reason she does not want to have a joint account: It makes no sense as FAFSA filing is based on tax returns for which you sign an authorization and are requested directly from the IRS. Eighth red flag 

 

So see? This has NOTHING to do with the fact that he does not have a psych eval AT ALL but everything to do with the fact that his filing is literally plagued with zillions of inconsistencies and holes! Starting with the absence of a detailed affidavit from the OP himself. As a matter of fact, per the USCIS policy manual, Psych evals are NOT required. I quote the policy manual "Evidence of battery or extreme cruelty may include, but is not limited to, reports and affidavits from police, judges, medical personnel, school officials, counselors, or the CPR. CPRs seeking a waiver due to battery or extreme cruelty are not required to submit a recommendation from a mental health professional."

 

What is said here is that if one does not have affidavits from Police, judges, medical personnel, school officials or counselors then the CPR can file an affidavit for themselves and he does not mention any statement on his part.

Hi @AT20000 thank you for the detailed Response and drafting out the red flags on my Application. Please go through my response and if you advise anythin I will appreciate it. I will be breaking down all the red flags here in my respose which you pointed out 

Redflag1 : where was in from March 2019 to March 2020 

 I was living with my ex wife till February 2020. In Feb 2019 I had my CPR approved and in March 2019 I had started my first job. We would have normal couple arguments by March 2019 but as my wife started going out our arguments began to increase and later I found she had also starting dating some other guy. She left the house in Feb 2020 and with covid being around I left in July-Aug 2020 and started my life. I filed for divorce in Feb- March 2021 reason being in Maryland you need establish one year of separation befire you file for divorce so I filed for bases on my wife cheating on me and plus one year separation. 
 

Redflag2 : I have submitted the following evidence of accident. Police report, pictures of an accident.

 

Redflag3: Hospitalization for a month. I have a submitted her medical reports starting from the day of till she was completely off of pain meds and all surgeries. It’s a timeline of over a year. I have also submitted a letter from her doctor that said I(my name) was taking care of my disabled wife and was with her all surgeries and follow up appts that lasted for over a year. In addition to that I have submitted tons of pictures that shows me as a caregiver 
 

Reflag4: l have lease of the of her parents from the landlord and sub lease on our names from her parents. 
 

Redlag5: she started going out in Feb- March 2019 although she was not completely healed. My apologies I shouldn’t had used the word bedridden but yes she was not completely back on her feet when she started going out and it was part of her recovery process. 
 

Redflag6: although we lived together but we had our own personal expenses. I would give her pocket money when she started going out with and getting back to her friends and school after the accident. Prior to going out we were relyin on her parents. Yes we both were unemployed from the year 2018 to 2019 because she was injured and I had no SSN or residency approved on which Iater was approved in Feb 2109 and we both went to an interview 

 

Redflag7 and 8: when you are opening your first bank account in US it has be in person at the branch. Additionally my ex wife did not agree with joint bank account because she was getting FAFSA aid and I back then had no idea what fafsa was. FAFSA is  based on household income. So I was working full time and had my pay check hitting the account every 2 weeks. Also I did open a joint bank account but she took it down within one month of opening it without my knowledge since she was the primary user of the account. And yes we both went to bank in person. 

 
 

after my denial of I-751 I have refiled for new I-751 based on abuse and divorce. And also applied for motion to reopen previous one as well while both are in process as of today. In my new I-751 USCIS returned my payment for I-751 and said we don’t need payment for such waivers does that mean Uscis will only consider my application under absue and not based on divorce provided I have checked on both boxes I.e, Divorve under good faith and battery and extreme cruelty.  Pleas advice and thank you. 

Edited 22 hours ago by Salva

[Salva 4]

On 10/19/2020 at 9:42 PM, Villanelle said:

So you did use an attny to file?? I know you are asking specifically about the timeline and would rather not discuss the abuse- which is fine but its incredibly odd that an attny would file under divorce + abuse + hardship. See the thing is every box you check you need to prove. So you checked 3 boxes- divorce, abuse and hardship. You now have to prove all 3. 

 

Frequently people post asking which box should they check and its an individual choice everyone has to make on their own. Divorce is obviously the easiest box to prove. For that you need to show bonafide marriage + divorce. For abuse you need to show bonafide marriage + abuse. For hardship you dont show bonafide marriage at all, you just need to show hardship. And we are talking asylum type hardships- basically the hardship box is asking them to ignore the marriage completely and grant you status based on not being able to leave because you would be forced back to a bad place. ... 

 

Often in abusive relationships the couple will not have what is considered the traditional bonafide evidence stuff like joint accounts or property (due to one person being controlling and financially abusive) Or they are lacking social type evidences like photos with friends or trips or stuff like that. When you use the abuse box they will take into account the abuse impacting how much bonafide evidences you have. So those who are lacking bonafide evidences will want to use the abuse waiver option. Those who have sufficient bonafides evidences can decide if they want to use divorce waiver only or abuse +divorce or abuse alone. Again hardship waivers are rarely used and when they are its best done with an experienced attny.

 

Generally speaking your ROC is not being processed any differently then anyone elses ROC- its just being done at VSC so you have to take into account your processing times may be longer then average and may be longer then VSC times overall because the overall times for VSC take into account all the ROCs (joint, abuse, hardship) and your case will have to go to an Officer who does abuse cases- so it may take a bit longer. Currently ROC is taking 1-2 yrs for most people. You send your package and it sits and waits for an Officer to get to it. When they do they will send the RFE for the divorce decree. Depending on what evidences you sent you may get the RFE for additional abuse proof or additional hardship proof. IF you do then you need to speak with your attny about withdrawing some of the boxes. They may have overzealously checked off boxes either intentionally or because they dont know what they are doing- Im not sure. But if you get an RFE for abuse or hardship you can respond by asking them to withdraw your request for those waiver types -or- you can send the evidence they require. They are under no obligation to withdraw your boxes but they almost always do as a courtesy. If they refuse you would have to file (and pay for) a new 751 with the appropriate boxes checked. 

 

Because your case is at VSC and tagged as abuse you can only contact them through the mail system or through an attny. (or congressman) you can not get any info over the phone. Its generally advised to NOT send unsolicited stuff like the divorce decree because it often does not make it into your case file. If you do send it (or already have sent it) I hope you have another copy ready to send if you are RFE'd. If you dont have additional copies- get them now. 

 

Your n400 shouldnt have much impact on your overall timeline. Historically the n400 gets processed faster then the 751, so often the n400 comes across their desk first and when it does they will pull the 751 because you need the 751 done to do n400. Your 751 has been pending a while now so it may come up before the n400 does. You can search the forums for 'combo interview' for more information and current timelines of those waiting for combo (751-n400) interviews. In some places those who are waiting for combo interviews are waiting longer then if they just did the 751. 

Hi, I am in  similar situation. my i-751 was previously denied for lack of evidence. They specifically mentioned that i have failed to submit mental health evaluation. i have refiled under divorce and abuse category for the reaons of not having enough bonafides. USCIS returned my payment and said they dont need payemny for such categories. My question is will uscis consider my case only under abuse and not under divorce since they have returned my payment? what should i do to have them consider my case under divroce as well. Please advice

[Ban Hammer 13,548]

multiple posts split from other threads and merged with this one.