Salva

If you end up travelling please do post your experience here. I am in the same boat. My i-751 was also denied recently and i have already applied for motion to repoen and motion to reconsider. Additionally i will also file new i-751 in a week or so but my concern is same as yours since I have family overseas willl I be able to get back? My i-751 was denied for not having mental health evaluation with abuse wavier.

Did you end up traveling? Can you share your experience please?

he is saying yes but idk and trust these lawyers. The community provides more guidnace and proper advice

My apologies, i am still tryimg to figure out how to navigate here

Please advice I am really stressed out. My i-751 was recently denied for lack of evidence, The denial letter said the following: Under 8 CFR 216.5(e)(3)(i), battery or extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence that results, or threatens to result, in physical or mental injury. Evidence of abuse may include reports and affidavits from police, judges, medical personnel, school officials and social service agency personnel. See 8 CFR 216.5(e)(3)(iii). You have failed to provide sufficient evidence to support your waiver request based on battery or extreme cruelty for the following reason(s). You must provide an evaluation completed by a professional recognized by USCIS as an expert in the field, as USCIS is not in a position to evaluate testimony regarding extreme mental cruelty from unlicensed or untrained individuals. See 8 CFR 216.5(e)(3)(iv). You did not provide any evaluation(s) done by a licensed clinical social worker, psychologist or a psychiatrist, who are recognized as professionals recognized by USCIS for this purpose, to show that you were the subject of extreme cruelty by the petitioner. your petitioning sponsor during the qualifying marriage. For this reason, you have not demonstrated eligibility for your Form I-751 waiver filing based on battery or extreme cruelty. Now The lawyer i had i fired him after paying 14k in 4 years and he never bought it to my attention that we need mental health evaluation. The new lawyer i am with is telling me to file motion to reopen with more affidavits, mental health evaluation and also ammend the application to consider under divorce and abuse too. My plan is to file for i-129b and as well as refile under divorce wavier however I have following confusions: 1. If god forbid my motion get denied, will that impact the refilling cause refilling will be divorce wavier and we are also asking them to consider motion under divorce as well? 2. Will I be able to get stamp if my motion is pending? My lawyer said yes, but at this point i dont trust these lawyers. 3. I have to submit motion in 33 days but can i also submit new i-751 within same time frame? 4. lastly Please advice what is best in this situaion? I dont have traditional evidence like joint bank account, joint insurance, joint credit cards. The very next day of our wedding me and my wife got into a terrible accident my ex wife got disbaled in that accident and took over a year to recover.in that year i was with her throughout the time, I also got letter from her doctor that said i was taking care of my disbaled wife. By the time she got better she was already cheating on me with a guy from her school and later got married to same guy. i have very good evidence of her cheating on me in form of screenshots and she later married the same guy. apart from that i sufferd alot of physical abuse and i never called cops on her I have affidavits from her family testfying the abuse. later i applied for divorce based on cheating and one year sepration and divorce was ammended and granted on mutual agreement. Refilling will put me back in status and will allow me travel outside and work freely however i-129b might save some time rather than refilling and if i do both concurrently if motion gets denied then refilling is already in process. please advice what is the best option as of now???????

Please advice I am really stressed out. My i-751 was recently denied for lack of evidence, The denial letter said the following: Under 8 CFR 216.5(e)(3)(i), battery or extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence that results, or threatens to result, in physical or mental injury. Evidence of abuse may include reports and affidavits from police, judges, medical personnel, school officials and social service agency personnel. See 8 CFR 216.5(e)(3)(iii). You have failed to provide sufficient evidence to support your waiver request based on battery or extreme cruelty for the following reason(s). You must provide an evaluation completed by a professional recognized by USCIS as an expert in the field, as USCIS is not in a position to evaluate testimony regarding extreme mental cruelty from unlicensed or untrained individuals. See 8 CFR 216.5(e)(3)(iv). You did not provide any evaluation(s) done by a licensed clinical social worker, psychologist or a psychiatrist, who are recognized as professionals recognized by USCIS for this purpose, to show that you were the subject of extreme cruelty by the petitioner. your petitioning sponsor during the qualifying marriage. For this reason, you have not demonstrated eligibility for your Form I-751 waiver filing based on battery or extreme cruelty. Now The lawyer i had i fired him after paying 14k in 4 years and he never bought it to my attention that we need mental health evaluation. The new lawyer i am with is telling me to file motion to reopen with more affidavits, mental health evaluation and also ammend the application to consider under divorce and abuse too. My plan is to file for i-129b and as well as refile under divorce wavier however I have following confusions: 1. If god forbid my motion get denied, will that impact the refilling cause refilling will be divorce wavier and we are also asking them to consider motion under divorce as well? 2. Will I be able to get stamp if my motion is pending? My lawyer said yes, but at this point i dont trust these lawyers. 3. I have to submit motion in 33 days but can i also submit new i-751 within same time frame? 4. lastly Please advice what is best in this situaion? I dont have traditional evidence like joint bank account, joint insurance, joint credit cards. The very next day of our wedding me and my wife got into a terrible accident my ex wife got disbaled in that accident and took over a year to recover.in that year i was with her throughout the time, I also got letter from her doctor that said i was taking care of my disbaled wife. By the time she got better she was already cheating on me with a guy from her school and later got married to same guy. i have very good evidence of her cheating on me in form of screenshots and she later married the same guy. apart from that i sufferd alot of physical abuse and i never called cops on her I have affidavits from her family testfying the abuse. later i applied for divorce based on cheating and one year sepration and divorce was ammended and granted on mutual agreement. Refilling will put me back in status and will allow me travel outside and work freely however i-129b might save some time rather than refilling and if i do both concurrently if motion gets denied then refilling is already in process. please advice what is the best option as of now??????? Thank you

I filed for abuse wavier. And got denied after 4 years for not insufficient evidence. They mentioned in denial letter that I failed to submit mental health evaluation. Now I hired another lawyer who is preparing I-290B motion to reopen with mental health evaluation. Idk what the outcome will be but I will also refile based on divorce wavier.

Hi @Rosa Garciacan you tell me what did you do? My I-751 was recently denied for not having mental evaluation. I consulted lawyer and he is asking me to file for I-129B motion to reopen. But I want to file for both I-129B and refile I-751. Can you tell me your experience?

Please keep us posted. I am in pretty much similar situation

So I got the denial letter and they have denied me for no having police report, medical report and psychological report. Now I spoke to one of the attorneys today and he said we can file motion to reopen with psychiatric evaluation. I am confused which one I should go with. Motion to reopen or new I-751 under divorce wavier

My landlord who was her step dad is willing to write another letter mentioning we shred finances. We lived in joint family system and I was paying him $1500 every month that included everything. Is the letter enough as an evidence? What more I can do? I have received the denial letter but they haven’t mentioned anything about bonafide marriage .

Hi @Timona I recived my denial letter and they have denied me not being able to prove abuse(not having police record, medical and psychiatric evaluation) however they haven’t questioned whatever I have send so far nor they questioned the legitimacy of my marriage. So my question is should I refile now based on divorce with whatever evidence I have? How much value affidavits carry in divorce wavier? Knowing that I don’t have much joint evidence that we shared life together but they haven’t asked for any bonafide evidence is it the indication to go for divorce wavier or get the psychiatric evaluation and apply for abuse wavier again? Thank you in advance?

Wouod you be able to tell what route did you went? Did you file 3rd I-751 and that too based on abuse or divorce? Or you went to the court and got it approved from there? Please update as it may help those who are in similar situation. Can you also tell me what evidence you had for abuse? My I-751 was recently denied and I am planning to go for divorce wavier now. Also I am yet to receive the denial letter.

As I said I was living with her family who would support us. Financially and in very possible way. From giving us rides to taking doctor appointments it was her step dad and her brother. I was paying $1500 cash to her step father every month or sometimes he would take my debit card and withdraw the money and then return my card. If I knew I will end up in this situation I would have kept everything documented.

Yes I am divorced. As I mentioned we were living in a family house. I was paying her step dad 1500 every month. Since my ex wife wasn’t working and we were living with her parents they would support us. We never had a car together. The only joint evidence I have is. Tax return for one year. Stimulus check on both of our names that had our address on it, police report of an accident that have both of our names on it, joint sub lease and affidavits from her uncle , step father testifying my marriage. We also have bud tickets if our names which we took to New York and pictures from that trip,I have an entire wedding album, evidence that there was joint bank account but she took it down without my knowledge, I have more evidence of her cheating on me like pictures of her with her bf who later she got married to and those pictures are from the date when she was married to me. I can write a written statement that would say why I don’t have joint evidence but dint know all of this would work or not. But I will definitely refile under divorce wavier