what are my options for removal of CGC

[ana-akk1 0]

Married 2023 January, did adjustment of status and got my conditional green card 2023 November. 
My husband has been giving me silent treatment non stop and so much emotional abuse. Even while pregnant with our now 6month old son.
I have decided to move out of his out and be with family out of state.( not legally separated ) but away now over a  month.
He is very vengeful and narcissistic. 
I am afraid he won't file for divorce  and might want to ruin my I-751 petition in the future (2025)

[TBoneTX 45,394]

*** Thread is moved from the Removing Conditions forum to the Effects of Major Changes forum.  ***

1 minute ago, ana-akk1 said:

I am afraid he won't file for divorce  and might want to ruin my I-751 petition in the future (2025)

Welcome to the forum, and sorry to hear this.  Your thread is being moved to a forum where these situations are often discussed.  People will be along to help!

[Dashinka 24,538]

It really depends on what your future plans are.  If you plan on divorcing you can proceed with the I751 on your own with a divorce waiver, but if you plan on staying married your only option is a joint filing.

 

Btw, you can start divorce proceedings yourself.

 

Good Luck!

[Bob in Boston 719]

You dont need him to start divorce. Go find yourself a divorce attorney and get going. He cant stop you if thats what you really want.

[OldUser 6,767]

I'm sorry to hear about this. You can divorce and remove conditions on your own by filing I-751 with divorce waiver.

 

Silent treatments are tough, but without further details I cannot recommend this route in your case. Battery or extreme cruelty waiver requires extreme bad things happening to you. It's just a higher burden of proof, especially if new administration decides to make things stricter or more difficult.

 

Hopefully you have a good evidence of joint life including sharing finances and living together. Child born in marriage is part of good evidence.

 

You can always mention he treated you poorly in divorce waiver case cover letter.

 

 

 

 

[Demise 1,294]

4 hours ago, OldUser said:

I'm sorry to hear about this. You can divorce and remove conditions on your own by filing I-751 with divorce waiver.

 

Silent treatments are tough, but without further details I cannot recommend this route in your case. Battery or extreme cruelty waiver requires extreme bad things happening to you. It's just a higher burden of proof, especially if new administration decides to make things stricter or more difficult.

 

Hopefully you have a good evidence of joint life including sharing finances and living together. Child born in marriage is part of good evidence.

 

You can always mention he treated you poorly in divorce waiver case cover letter.

 

VAWA (both I-360 and I-751) generally doesn't require anything truly extreme all in itself. Don't take it personally OldUser, I respect you, but I just think that saying what you said is a disservice to those living in messed up relationships who could use VAWA to escape or subsequently recover but think that "well, it's not that bad, someone has it worse", etc.

 

"Extreme cruelty" in most cases is a pattern of behavior (death by a thousand cuts if you will, however a single really messed up event could satisfy it as well), battery is a simpler one since well "(s)he only hit me once" is enough to tick that box. In fact most RFEs (generally in I-360 cases) I've seen were for the bona fides of the marriage, which yes is a requirement for VAWA waivers as well, the only things you really get by filing a VAWA waiver is getting to skip the divorce requirement and get to naturalize sooner (3 years rather than 5).

 

Does OP have a case for a VAWA waiver? Probably. It's definitely worth exploring with a lawyer.

 

That being said, divorce waiver is the simpler one since all you need to do is divorce and prove the marriage was legit while it lasted, so it's really more of the same kind of proofs that you've used I-485 (more bills, insurance, birth certificate of the kid, etc).

 

Finally, you can seek multiple grounds for a waiver on a single I-751. Worst that'd happen is they'd call you for an interview where you can just drop the ones that can't be approved.

Edited November 26 by Demise