Should I apply for 751 battery waiver now or wait for divorce finalized?

[Biubiubiu 1]

Hi everyone very new here and learned a lot! 
 

I got married in July 2020 and got conditional gc in October 2021. Last July filed i751 jointly with USC spouse. There has been physical abuse during the relationship, I have photo, video evidence of my bruises (not too big bruises I’d say… but he did put his hands on me), threatening things he said to me, things he smashed around the house, and there was one time when I had a therapist session right after an incident. I never called the police and when he doesn’t drink we are on good terms. The most recent incident was in April this year. Now a few days ago he got angry again smashed things and is asking me to move out and preparing for a divorce. He is very angry at me and I’m afraid after talking to a lawyer he would want to delay the divorce to mess up my application. 
Do I have enough evidence for the battery waiver or should I not worry about converting to it now and work with him on the divorce as quick as possible? I’m trying to find lawyers too, thank you for any insights! 

[Boiler 45,314]

A Divorce waiver is usually simpler

[Biubiubiu 1]

14 minutes ago, Boiler said:

A Divorce waiver is usually simpler

That’s my undergrad well, but I’m afraid it’s gonna be an ugly divorce… 

[OldUser 6,479]

I'm really sorry about all the pain you went through.

Do you have evidence of bonafide marriage? Are you safe?

 

As @Boiler mentioned, divorce waiver is typically an easier route to take. Even with immigration put aside, you probably want to divorce and exit this toxic relationship.

[Biubiubiu 1]

16 minutes ago, OldUser said:

I'm really sorry about all the pain you went through.

Do you have evidence of bonafide marriage? Are you safe?

 

As @Boiler mentioned, divorce waiver is typically an easier route to take. Even with immigration put aside, you probably want to divorce and exit this toxic relationship.

Thank you, I found a place and am moving out this week. It is hard with no close friend around but I’m safe. 
I do plan to get a divorce as well, but he seems very vindictive and threatens to revoke my green card claiming fraud. I have joint car insurance, joint health insurance, joint renter insurance, ids with same address, photos with friends and family, joint tax filing for the last 4 years of our marriage, plane tickets, hotel reservations. I’m very afraid he would do something just to mess with my application and this turns into a nightmare… 

[OldUser 6,479]

1 hour ago, Biubiubiu said:

Thank you, I found a place and am moving out this week. It is hard with no close friend around but I’m safe. 
I do plan to get a divorce as well, but he seems very vindictive and threatens to revoke my green card claiming fraud. I have joint car insurance, joint health insurance, joint renter insurance, ids with same address, photos with friends and family, joint tax filing for the last 4 years of our marriage, plane tickets, hotel reservations. I’m very afraid he would do something just to mess with my application and this turns into a nightmare… 

He cannot revoke your GC, neither USCIS. Only immigration judge can do it.

 

I hope you filed AR-11 as required within 10 days of moving.

 

Keep evidence safe and make offline and digital copies. Make sure your passwords are strong and not known to your ex.

 

I wouldn't interact directly with the spouse. If I was you I'd hire a divorce attorney and only communicate with soon to be ex through written communication ran by lawyer. Unless splitting millions of dollars, I'd simply try to divorce ASAP by giving him all or most what he wants, so he doesn't have any point to contest. 

 

Your ex put a lot off effort proving your marriage was bonafide. So unless they have anything compelling, your divorce waiver would be faster and easier to approve. 

 

 

[Biubiubiu 1]

11 hours ago, OldUser said:

He cannot revoke your GC, neither USCIS. Only immigration judge can do it.

 

I hope you filed AR-11 as required within 10 days of moving.

 

Keep evidence safe and make offline and digital copies. Make sure your passwords are strong and not known to your ex.

 

I wouldn't interact directly with the spouse. If I was you I'd hire a divorce attorney and only communicate with soon to be ex through written communication ran by lawyer. Unless splitting millions of dollars, I'd simply try to divorce ASAP by giving him all or most what he wants, so he doesn't have any point to contest. 

 

Your ex put a lot off effort proving your marriage was bonafide. So unless they have anything compelling, your divorce waiver would be faster and easier to approve. 

 

 

Thank you. I’m contacting divorce attorneys today. They are making me feel better about annulment as well. 
 

[Dashinka 24,375]

So sorry you are going through this.  As already stated a divorce waiver tends to be easier relative to the I751, but there was a recent discussion about pursuing an abuse waiver.  I posted the beginning of that discussion here, you may try PMing the member there and see how your situation is similar and different.  

 

Good Luck, and Stay Safe!

 

 

Edited 20 hours ago by Dashinka

[Dashinka 24,375]

14 hours ago, Biubiubiu said:

Thank you, I found a place and am moving out this week. It is hard with no close friend around but I’m safe. 
I do plan to get a divorce as well, but he seems very vindictive and threatens to revoke my green card claiming fraud. I have joint car insurance, joint health insurance, joint renter insurance, ids with same address, photos with friends and family, joint tax filing for the last 4 years of our marriage, plane tickets, hotel reservations. I’m very afraid he would do something just to mess with my application and this turns into a nightmare… 

Empty threat as he would have to prove (with solid evidence) that he was duped and participated in the fraud unwillingly.

[OldUser 6,479]

36 minutes ago, Biubiubiu said:

Thank you. I’m contacting divorce attorneys today. They are making me feel better about annulment as well. 
 

What do you mean by annulment?

Annulment is the last thing you want.

Annulment means marriage was never valid. If you get annulment, your GC will be in danger since it was approved on wrong premise (e.g. you never had a valid marriage).

Edited 20 hours ago by OldUser

[Biubiubiu 1]

5 minutes ago, OldUser said:

What do you mean by annulment?

Annulment is the last thing you want.

Sorry I didn’t mention it before, he said that he wants to annul the marriage. And the lawyers I talked to were able to let me know that’s very unlikely to happen. 

26 minutes ago, Dashinka said:

Empty threat as he would have to prove (with solid evidence) that he was duped and participated in the fraud unwillingly.

Yeah I don’t think he has any evidence to that. I’ll look into the other thread as well, thank you!! 

[OldUser 6,479]

14 minutes ago, Biubiubiu said:

Sorry I didn’t mention it before, he said that he wants to annul the marriage. And the lawyers I talked to were able to let me know that’s very unlikely to happen. 

 

 

Annulments are difficult to pull off, especially if you have solid evidence of sharing finances and other aspects of life plus it's been few years... He can try, but chance of success if low unless you confess voluntarily the marriage was for the purpose of immigration.

[Biubiubiu 1]

9 minutes ago, OldUser said:

Annulments are difficult to pull off, especially if you have solid evidence of sharing finances and other aspects of life plus it's been few years... He can try, but chance of success if low unless you confess voluntarily the marriage was for the purpose of immigration.

I definitely would never say such a thing. I hope he comes to his senses after talking to lawyers as well and can make it simple for the both of us 🙏🏼

[OldUser 6,479]

26 minutes ago, Biubiubiu said:

I definitely would never say such a thing. I hope he comes to his senses after talking to lawyers as well and can make it simple for the both of us 🙏🏼

One thing you should know - you can remove the conditions on your own. Keep the temperature low, but also know your destiny doesn't depend on him. It's not wise saying it to his face, but you should not be worried too much about this.