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I decided to create this thread because when I applied for a Fiancee Visa and then later when I was filing for ROC under extreme cruelty waiver, I was hammered by some members trying to shove down my throat a bunch of false information specifically when it goes to ROC under Extreme Cruelty I was forcefully and repeatedly told that "YOU HAVE TO HAVE a psych evaluation it is MANDATORY". I remember thinking "How am I going to put together $3000 to get a psych eval when my abuser prevents me from working and from getting care, and will abuse me more if I ask him to help with the $3000 out of pocket to undergo a psych eval to prove his own abuses?"

I remember thinking: This makes no sense...

I was alone without the slightest family member or friend around me and this fake information- yes I said fake- made me feel even more trapped, more abused, and more desperate. It could have pushed me over the edge had I not been as resilient as I am. I am thankful that a local Domestic violence association referred me to a specific non-profit with immigration lawyers on staff who were helping immigrants with their filing (or filing for them if needed). I remember meeting with a brilliant immigration lawyer, Erika, to whom, desperate, I said "I am afraid this is a lost cause, I have no broken bone to qualify for Battery, and no psych evaluation to qualify for extreme cruelty and since it is mandatory..."

Erika smiled and said "It is ABSOLUTELY NOT mandatory! If you have it, fine; but if you don't it is not mandatory at all". She directed me to the USCIS policy manual and there it was verbatim: "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"

And further: "Congress created the any credible evidence provision in recognition of the evidentiary challenges faced by abused spouses and children. An abused CPR may not have access to necessary evidence because the abusive spouse may control access to documents, or the abused CPR may have had to flee the abusive situation without being able to take important documents.

In recognition of these evidentiary challenges, officers cannot deny a case because the CPR spouse or child was unable to provide a particular piece of evidence or could not demonstrate the unavailability of primary or secondary evidence. Officers must consider whatever evidence is available, use agency records, and consider all evidence in the totality of the circumstances in the case. Therefore, when adjudicating a waiver based on battery or extreme cruelty, officers consider any credible evidence relevant to the waiver request submitted by the CPR"

Sure enough, in 7 weeks my Biometrics appointment was scheduled and 6 weeks later my ROC was approved without an interview and the filing fee was waived. When I saw Erika the next day, I told her how quick it had been, and to my surprise, she answered "You are not the quickest approval I have seen under this status"

I lately came back on here to update my timeline and here we go again, people were pounding on a desperate new member telling her that Psych eval was mandatory! When I jumped in to mention my experience (and that of my adult son) in support of this person, I was lectured on "Being humble"! Excuse me? So some are spreading falshoods and I should fall in line? That's not right! Not so much for me, I could not care less, but for members coming here for support.

So I think it is time we come together as a community and put a hard stop to false information and we should prevent people from revictimizing DV victims because this could push anyone over the edge and into taking desperate actions. OR we need to be more specific as to WHY USCIS required a Psych eval. In other words, there probably is a good reason why USCIS requested, if it ever happened, a psych eval and we need to be clear about this: Was the rest of the file weak in terms of other evidence?

What is your experience?

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

What is the best and safest way to transfer money in CAD to USD after selling property in Canada? Which Canadian/US bank is the best for cross border transfer?

Hello all! My fiance and I are just starting the beginning of our own Visa journey. I am coming from Canada. I am still sorting through all of the information out there, but these are my initial questions that I haven't been able to find a great answer to yet:

1. I believe we have enough evidence to prove our relationship, but how different is it to prove a "bona fide marriage" vs. a real relationship? I have seen the list of evidence for a marriage (i.e. joint bank account, mortgage/lease etc.) but since I am still living in Canada (and would be until the Visa is approved), I wouldn't have any financial evidence. Is evidence to prove a legit relationship enough to prove a legit marriage?

2. Regarding a wedding - is this necessary? In Colorado, you don't need an officiant. You can (basically) apply for your marriage license, sign at the same time when you pick it up, and leave the office legally married. No pictures of a one knee proposal, no dress, no wedding, no tiny ceremony, no photos. If we go this route (which we would prefer tbh), would this cause issues with our application, especially when we won't have any of the financial evidence suggested to prove a "bona fide marriage"?

I very much appreciate any advice on these questions! Thank you so much in advance as I am sure I will have many more questions as we work our way through this process

Hi All

I am filing I-864 for spousal sponsorship and have question about foreign earned income. For the past 4 years I had taken the Foreign Earned Income exclusion so my total income in the IRS transcripts show up as $0. Based on what I've read here on similar threads, USCIS does not count this income anyways for qualification purpose, which is fine by me because for 2024, I have been working FT back here in the US and can show enough income in Part 6, question 7 (current individual income).

What should I put in question 24.a - c where it asks for total income reported on Federal tax returns? Should I put $0 for each of the last 3 years or show the actual overseas earnings and provide explanation in Part 11 (Additional Information)?

To be on safe side, I am also planning on adding a family relative as joint sponsor (to allay my own concerns about showing $0 income for the past 3 years). The joint sponsor is married and have been filing his tax returns as MFJ. But to provide this sponsorship, if he only shows his current income in Part 6, question 7, then what 'total income' should he show in 24.a - c? Would this just be his own income according to his previous years' W-2s or the husband+wife combined income they reported on line 9 in IRS Form 1040?

Thanks

Hi all,

My husband and I finally received something back from USCIS and unfortunately it's an RFE. I have a few questions and hoping to get answers quickly as the deadline is coming up and I need to send it asap (time got away from me.)

The first time we sent in, I provided our lease (ended up buying a house while waiting for processing & we did update our address online), two of our close friends wrote affidavits for our marriage, our W-2 and bank statements to show we have a joint account, and ultrasound pictures of our son because I was pregnant at the time along with a copy of my baby shower invite since it was already scheduled.

#1. Do I need to send in our most recent bank statements and other things we've already sent again?

This time I will be sending the following:

• Deed to our house
• Our son's birth certificate
• Most recent W-2s because it will show we filed together and our new address

#2. Do you think I should send more or should this suffice?

The coversheet they sent has options to check such as, a new G-28, Additional fees, Additional forms, and Other.

#3. Are there additional fees for sending in more evidence (doesn't mention it on the letter besides this option) and should I include additional forms? If so, which ones?

We do plan to add a new G-1145, but not sure if it is necessary... Thanks in advance!