Salva

Hi @Koke Sisman can you please update about your case? Did you ever got NTA and did you travelled outside of US after refiling? I am pretty much in a similar situation

Hi, I am in similar situation. my i-751 was previously denied for lack of evidence. They specifically mentioned that i have failed to submit mental health evaluation. i have refiled under divorce and abuse category for the reaons of not having enough bonafides. USCIS returned my payment and said they dont need payemny for such categories. My question is will uscis consider my case only under abuse and not under divorce since they have returned my payment? what should i do to have them consider my case under divroce as well. Please advice

Hi @AT20000 thank you for the detailed Response and drafting out the red flags on my Application. Please go through my response and if you advise anythin I will appreciate it. I will be breaking down all the red flags here in my respose which you pointed out Redflag1 : where was in from March 2019 to March 2020 I was living with my ex wife till February 2020. In Feb 2019 I had my CPR approved and in March 2019 I had started my first job. We would have normal couple arguments by March 2019 but as my wife started going out our arguments began to increase and later I found she had also starting dating some other guy. She left the house in Feb 2020 and with covid being around I left in July-Aug 2020 and started my life. I filed for divorce in Feb- March 2021 reason being in Maryland you need establish one year of separation befire you file for divorce so I filed for bases on my wife cheating on me and plus one year separation. Redflag2 : I have submitted the following evidence of accident. Police report, pictures of an accident. Redflag3: Hospitalization for a month. I have a submitted her medical reports starting from the day of till she was completely off of pain meds and all surgeries. It’s a timeline of over a year. I have also submitted a letter from her doctor that said I(my name) was taking care of my disabled wife and was with her all surgeries and follow up appts that lasted for over a year. In addition to that I have submitted tons of pictures that shows me as a caregiver Reflag4: l have lease of the of her parents from the landlord and sub lease on our names from her parents. Redlag5: she started going out in Feb- March 2019 although she was not completely healed. My apologies I shouldn’t had used the word bedridden but yes she was not completely back on her feet when she started going out and it was part of her recovery process. Redflag6: although we lived together but we had our own personal expenses. I would give her pocket money when she started going out with and getting back to her friends and school after the accident. Prior to going out we were relyin on her parents. Yes we both were unemployed from the year 2018 to 2019 because she was injured and I had no SSN or residency approved on which Iater was approved in Feb 2109 and we both went to an interview Redflag7 and 8: when you are opening your first bank account in US it has be in person at the branch. Additionally my ex wife did not agree with joint bank account because she was getting FAFSA aid and I back then had no idea what fafsa was. FAFSA is based on household income. So I was working full time and had my pay check hitting the account every 2 weeks. Also I did open a joint bank account but she took it down within one month of opening it without my knowledge since she was the primary user of the account. And yes we both went to bank in person. after my denial of I-751 I have refiled for new I-751 based on abuse and divorce. And also applied for motion to reopen previous one as well while both are in process as of today. In my new I-751 USCIS returned my payment for I-751 and said we don’t need payment for such waivers does that mean Uscis will only consider my application under absue and not based on divorce provided I have checked on both boxes I.e, Divorve under good faith and battery and extreme cruelty. Pleas advice and thank you.

It came from local field office

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

My I-751 was recently denied and ever since then I have been in utter shock. I filed back in Feb 2021 and last year around this time I got a notification that my case is transferred so that an interview can be scheduled. I recently reached out to my congressman for help and within a week my case was denied from field office. A part of me was expecting it since I did not had any police report, medical report or physiological assessment report and then my lawyer filed an i-751 based on abuse and battery. My evidence included pictures of abuse, written statements of those who witnessed my abuse physical and emotional, joint tax return for one year, a letter from her doctor saying I was with Taking care of my wife during her sickness which was from 2018 March to 2019 June,joint sub lease, whole bunch of pictures together, with family and ofc abuse pictures, I think I have a good address proof in form of tax returns, id cards. My question is what can I do better to refile knowing that i have limited evidence. Is it ok if I contact landlord and ask for the lease along and make reciepts for me on my name and my ex wife’s name. Would that work in uscis? Additionally I have to get more affidavits cause I am putting weight on my application using affidavits. Please advice and I am yet to recieve my denial letter and my plan is to refile under divorce wavier. The reason I don’t have joint evidence is because I along with my wife got into an accident within 24 hours of our wedding. She was hospitalized for 1 month and bed rested for over a year. During this time it was impossible for me to tell her to open joint account and then none of us was working. We were living in family house and were supported by her family. By the time she got back on her feet completely one she was cheating and fell for someone else secondly she was not interested in having joint stuff cause marriage was going sideways however I would still sent her money via cash app. We were together from the day we got married till March 2020 And in September 2021 our divorce was finalized based on mutual agreement. I tried to open an joint bank account but we got into an argument and she said my fafsa will get affected since she was getting it. I am really confused how do I get the Joint evidences. As I mentioned we were living in family house and Sharing our finances together I would pay $1500 every month to her step for rent and utilities. If I contact him I am sure he will make reciepts of the rent that I paid. Would that work for USCiS? He previously have given me affidavit for witnessing abuse. Please advice

yes he did wrote an affidavit initially at the time of filling an I-751 and I have submitted it and there are some co workers who also wrote affidavit along with their IDs who witnessed my bruises and arranged my stay in my employers basement and they documented it in their affidavit.

Things were fine between us before she joined school. The problems started few weeks after she joined school and thats where she met the guy who she cheated me with. It started with taking my debit card, not answering my calls, texts, no conversations whatso ever till it got to the point where she would threat me, kick me out of the room and then we started sleeping seprate. I had to ask her permmission for smallest of the things and I was not allowed to make any decision about my ownself and if i did so she would get too vocal and start beating me. She would call on my job and address me with different names. I was sleeping at my job place for several nights till my employer help me with some space in his basement where I lived for a month. She would rip my clothes, take my ID,SSN card etc etc. and all these things are documented and I have screenshots of her textual conversation.

it was a legitimate marriage, we spend around 20k on wedding and in addition to that I came here on K1. Prior to k1 visa we were in relationship for 2 years although it was long distance. After an accident in 2018 as I said she was bed rested for over a year and had multiplie surgeries and procedures and during that time I couldn't get any bonafide like account and insurance etc. in 2019 when she got back on her feet the, her behaviour towards me was already changed and abuse was already started. she was dating some other man from her school for that I have tons of proof and currently she is married to same man so whatever plans I made she was not intrested with any. i caught her red handed with that man in our room and then we ended in divorce.

Thank you for everyone's response. The problem with applying divorce wavier was I did not have enough evidence to show bonafide marriage, No joint auto or medical insurance, No joint vehicle and I am assuming based on these factors my lawyer applied abuse wavier. By the time my ex wife got back on her feet the abuse had already started it just took me a bit to realize what's happening with me and at that point she was not interested with any of the so called "joint stuff" and my lawyer applied for abuse wavier without even consulting me. I dont know at this point what will be the outcome of my case but the entire situation is too stressful for me and what's stressing me more is USCIS customer rep is not telling me anything about my case. On November 7 my case will be out of processing times and I am planning to submit an inquiry november 8 to get their attention on my case.

Yes I did submit divorce decree.with my RFE