ROC with narcisstic US citizen husband

[nastra30 2,355]

29 minutes ago, Demise said:

Either way, I'm gonna drop it here because this conversation is not conductive to anything. In either case the law uses the same term for both and USCIS reviews both in the same place by a team tha

IMO, I think it's important for people to know the difference otherwise someone reading in the future could get confused. Even if same/similar languages are used the benefits being sort are different between VAWA and I-751 with extreme cruelty waiver. The VAWA act is not used to remove conditions, it's used for other benefits primarily LPR status, which you already covered. With I751 one is already a GC holder.

Edited December 27, 2024 by nastra30

[Demise 1,331]

8 minutes ago, nastra30 said:

IMO, I think it's important for people to know the difference otherwise someone reading in the future could get confused. Even if same/similar languages are used the benefits being sort are different between VAWA and I-751 with extreme cruelty waiver. The VAWA act is not used to remove conditions, it's used for other benefits primarily LPR status, which you already covered. With I751 one is already a GC holder.

Are you ignoring the part where I pointed at INA 101(a)(51)(C) as counting applicants for this waiver as "VAWA self-petitioners"?

 

Also

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-5

Lots of mentions of VAWA in section C don't you agree?

 

Believe me, I'm not an idiot, but while I-360 is likely the most utilized immigration part of VAWA there's a bunch of others.

[Demise 1,331]

33 minutes ago, OldUser said:

So hence my question why get evaluated under both points (good faith marriage and abuse) VS just proving good faith marriage.

 

I guess the only good reason is to naturalize faster. Does it apply for both prior holders of I-360 and those who removed conditions with abuse waiver?

Yeah it applies to those that got that specific waiver I-751s as well.

 

38 minutes ago, OldUser said:

Applying for N-400 under this provision may result in reevaluation of entire history of abuse. I wouldn't take it unless had some serious reason to naturalize faster.

 

I'd recommend anybody in toxic relationship to divorce ASAP. Bad spouse can always open new loans in both names, do other harm due to being married. There's no reason to be married to abuser really.

Meh listen, my own divorce took like probably 18 months to get through the courts. I think that's also a factor to consider.

 

Also rank and file employees are not supposed to try to readjudicate the abuse part unless you literally go in there and say "haha, I made it all up".

[nastra30 2,355]

28 minutes ago, Demise said:

 

Lots of mentions of VAWA in section C don't you agree

I agree. You are correct.

[daru 13]

People use the expression VAWA to refer to the I-360.

However, the VAWA and its renewals also regulate the I-751 Battery and Extreme Cruelty waiver (and an abuse-based cancellation of removal).

I'm not too sure about the third but the first two are very similar. They share almost the same requirements and the resulting immigration benefit (10y GC) is the same.

Although both these filings are VAWA ones, usually I refer to one as I-360 and the other as I-751 B/EC waiver for clarity.

There are significant upsides to amending with B/EC waiver rather than divorce waiver, and vice-versa, depending on your situation.

Also, I-751 filings are systematically approved based on a single waiver even if one qualifies for, and requested, more than one.

The B/EC waiver is always reviewed before the divorce waiver, so if you request both, they won't look at your divorce waiver request before denying your B/EC waiver request (but if you requested both in the same filing they won't issue a denial unless the whole petition is denied).

The main upside of filing for more than one waiver at a time is for the scenario where you get denied.

If you get referred to immigration court before you get the time to refile following a denial, you will only be able to fight it, in a way that is kind of an appeal, based on waivers that were reviewed and denied by USCIS.

For this reason, a lot of people who file with B/EC waiver but aren't so sure they will get approved also request a divorce waiver as a fallback, to make sure that even if they are put on removal proceedings, by the time they start to have hearings they will likely already be divorced.