I751 Denied - Need Help

[Hussaini 0]

My lawyer never told me to get mental health evaluation done and I got my case denied. what should i do? I also dont have enough joint evidence. I recieved an RFE a year ago in which they ask for affidavits, medical reports, mental health evaluation. Neither i had medical reports becuase i had injuries but they were not that serious which requires medical attention. I never called cops on her because I was scared and she would threat me everyday. and mental health evalutaion I never knew this can be done at any point and my lawyer never told me about it. Should i refile with same evidence and include mental health evalution or should i apply for Motion to repoen. Also if i refile, would it be ideal to apply for N400 in this scenario to have new i-751 adjucated a little faster

 

Backgroud:

I came on K1 and got my 2 year GC after getting married. when we got married my wife was in school and we lived in family house with her family and all expenses were managed by her family. She was dating other guy from her school and l caught her red handed and later we got divorce. Our issues inclueded her physical and mental abuse, being racist, styaing out till late night without informing me about her whereabouts, her bf dropping her off at night, uploading pictures of her with her bf on social media, fouding love letters in my room which were in my room from her bf to my wife asking her to marry him and later she got married to him, kicking me out of the room, destroying my clothes, taking possession of my belongings etc etc. all of this is documented with evidence and was submitted with I-751.  Please advice. Hi  @mindthegap i see alot of people are tagging you and asking for advice. please advice. 

 

 

[Dashinka 24,792]

It looks like you need to file a new I751 ASAP with the information USCIS asked for in the RFE(s) and in the denial letter.  I would dump your current layer as they seem to be a waste of money.

 

Good Luck!

[Boiler 46,107]

A lot of the stuff you mentioned is not relevant

 

Why did you not go with a Divorce waiver?

 

Is this a lawyer or notario?

[OldUser 7,528]

I would forget about N-400 for now. You have an issue getting your I-751 approved. Without I-751 approved, N-400 is worthless and won't be approved.

 

Battery / extreme cruelty waiver sounds like a good idea until it's not. Many think it's an easier route to paint the other party as a bad guy. What you describe is unfortunate and sign of toxic, disfunctional relationship. I'm sorry you had to go through all of this. At the same time, it does not seem to be a strong enough case for USCIS.

 

Did you seek shelter at any point? Did you have any witnesses of you being abused? Did you now get mental evaluation?

 

Good luck

[mindthegap 2,605]

To quote Alonzo (Denzel Washington) in training day:

 

 

If you go for the cruelty waiver, you have to prove it. This is nothing new. 

As possibly ridiculous as that sounds - & being contrary to - in the age of 'believe all victims', and when combined with the fact that many forms of abuse are not even really documentable as they aren't physical (believe me, I can attest to this), it remains the case with regards to immigration law and USCIS policy.

You were denied as a result of not providing documents proving this, and not producing what they asked for with the RFE.

 

Now, what constitutes 'proof' is entirely subjective of course.., but proving someone is a terrible spouse does not prove they were abusive. 

 

Would suggest you get rid of that lawyer too, if they did not give you correct information regarding the RFE or follow your instructions in response to it. 

[Hussaini 0]

4 hours ago, Boiler said:

A lot of the stuff you mentioned is not relevant

 

Why did you not go with a Divorce waiver?

 

Is this a lawyer or notario?

it was a lawyer! The reason I did not apply for divorce wavier cause i did not had a traditional eveidence like Joint bank, insurance. After we got married my ex wife was severly sick and it took her almost over a year to recover.she was in severe depression and anxiety and when she started getting back on her feet she started dating from her school. I have her medical records and a letter from her doctor attesting that i was care giver of my wife during her sickness. 

[Hussaini 0]

1 hour ago, OldUser said:

I would forget about N-400 for now. You have an issue getting your I-751 approved. Without I-751 approved, N-400 is worthless and won't be approved.

 

Battery / extreme cruelty waiver sounds like a good idea until it's not. Many think it's an easier route to paint the other party as a bad guy. What you describe is unfortunate and sign of toxic, disfunctional relationship. I'm sorry you had to go through all of this. At the same time, it does not seem to be a strong enough case for USCIS.

 

Did you seek shelter at any point? Did you have any witnesses of you being abused? Did you now get mental evaluation?

 

Good luck

I did not seek shelter anywher and yes i had  few of her family members writing me an affidavit saying that she was physically abusive and controlling

[Boiler 46,107]

What is your lawyer proposing?

[Hussaini 0]

Just now, Hussaini said:

I did not seek shelter anywher and yes i had  few of her family members writing me an affidavit saying that she was physically abusive and controlling and yes i  get mental evaluation done and i have already submitted motion to reopen. My new lawyer is suggesting to apply for new i-751 under abuse and divorce and also apply for N-400

 

[Hussaini 0]

1 minute ago, Boiler said:

What is your lawyer proposing?

My new Lawyer already applied for motion to reopen with mental health evalution and he is also suggesting to reapply under divorce and abuse category. Additionally he is also suggesting to apply for N400

[Hussaini 0]

56 minutes ago, mindthegap said:

To quote Alonzo (Denzel Washington) in training day:

 

 

If you go for the cruelty waiver, you have to prove it. This is nothing new. 

As possibly ridiculous as that sounds - & being contrary to - in the age of 'believe all victims', and when combined with the fact that many forms of abuse are not even really documentable as they aren't physical (believe me, I can attest to this), it remains the case with regards to immigration law and USCIS policy.

You were denied as a result of not providing documents proving this, and not producing what they asked for with the RFE.

 

Now, what constitutes 'proof' is entirely subjective of course.., but proving someone is a terrible spouse does not prove they were abusive. 

 

Would suggest you get rid of that lawyer too, if they did not give you correct information regarding the RFE or follow your instructions in response to it. 

Thank you! I have got rid off the previous lawyer already cause at no point he mentioned to get the mental health evalution done. so the denail letter is only asking for Mental health evlation, does that mean everything else was enough to satisfy the abuse. 

[OldUser 7,528]

12 minutes ago, Hussaini said:

 Additionally he is also suggesting to apply for N400

I think the lawyer wants to make some $$$$ filing N-400. There's no point to file N-400 right now, it's a waste of money. USCIS doesn't believe you had abusive marriage. They also didn't receive much evidence of bonafide marriage. You're on trajectory of losing LPR status and being put in removal proceedings. N-400 is the last thing you should be thinking. It may take many more years to become a US citizen. 

 

I recommend focusing on I-751 and ensuring you have the strongest case that will save your green card and allow you to remain in the US.

Edited yesterday at 04:56 PM by OldUser

[OldUser 7,528]

1 hour ago, mindthegap said:

but proving someone is a terrible spouse does not prove they were abusive. 

I wish these words could be pinned somewhere / wrote in bold font in Removal of Conditions forum.