Salva

My I-75 was denied back in sept 2024 for not having mental health evaluation. I filed motion to reopen/reconsider and recieved approval to that and my case has been reopened. 
 

can anyone tell me what to expect now? Will applying for n-400 would be right move here provided my I-751 is abuse wavier and in my motion I requested to reopen and reconsider under divorce wavier as well. 
please advice and thank you.
 

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 

On 10/19/2020 at 9:42 PM, Villanelle said:

So you did use an attny to file?? I know you are asking specifically about the timeline and would rather not discuss the abuse- which is fine but its incredibly odd that an attny would file under divorce + abuse + hardship. See the thing is every box you check you need to prove. So you checked 3 boxes- divorce, abuse and hardship. You now have to prove all 3. 

 

Frequently people post asking which box should they check and its an individual choice everyone has to make on their own. Divorce is obviously the easiest box to prove. For that you need to show bonafide marriage + divorce. For abuse you need to show bonafide marriage + abuse. For hardship you dont show bonafide marriage at all, you just need to show hardship. And we are talking asylum type hardships- basically the hardship box is asking them to ignore the marriage completely and grant you status based on not being able to leave because you would be forced back to a bad place. ... 

 

Often in abusive relationships the couple will not have what is considered the traditional bonafide evidence stuff like joint accounts or property (due to one person being controlling and financially abusive) Or they are lacking social type evidences like photos with friends or trips or stuff like that. When you use the abuse box they will take into account the abuse impacting how much bonafide evidences you have. So those who are lacking bonafide evidences will want to use the abuse waiver option. Those who have sufficient bonafides evidences can decide if they want to use divorce waiver only or abuse +divorce or abuse alone. Again hardship waivers are rarely used and when they are its best done with an experienced attny.

 

Generally speaking your ROC is not being processed any differently then anyone elses ROC- its just being done at VSC so you have to take into account your processing times may be longer then average and may be longer then VSC times overall because the overall times for VSC take into account all the ROCs (joint, abuse, hardship) and your case will have to go to an Officer who does abuse cases- so it may take a bit longer. Currently ROC is taking 1-2 yrs for most people. You send your package and it sits and waits for an Officer to get to it. When they do they will send the RFE for the divorce decree. Depending on what evidences you sent you may get the RFE for additional abuse proof or additional hardship proof. IF you do then you need to speak with your attny about withdrawing some of the boxes. They may have overzealously checked off boxes either intentionally or because they dont know what they are doing- Im not sure. But if you get an RFE for abuse or hardship you can respond by asking them to withdraw your request for those waiver types -or- you can send the evidence they require. They are under no obligation to withdraw your boxes but they almost always do as a courtesy. If they refuse you would have to file (and pay for) a new 751 with the appropriate boxes checked. 

 

Because your case is at VSC and tagged as abuse you can only contact them through the mail system or through an attny. (or congressman) you can not get any info over the phone. Its generally advised to NOT send unsolicited stuff like the divorce decree because it often does not make it into your case file. If you do send it (or already have sent it) I hope you have another copy ready to send if you are RFE'd. If you dont have additional copies- get them now. 

 

Your n400 shouldnt have much impact on your overall timeline. Historically the n400 gets processed faster then the 751, so often the n400 comes across their desk first and when it does they will pull the 751 because you need the 751 done to do n400. Your 751 has been pending a while now so it may come up before the n400 does. You can search the forums for 'combo interview' for more information and current timelines of those waiting for combo (751-n400) interviews. In some places those who are waiting for combo interviews are waiting longer then if they just did the 751. 

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

On 9/28/2024 at 7:02 AM, AT20000 said:

This is EXACTLY what I was talking about! You just made my point! MANY things do not add up in this story and I am not necessarily saying that the OP lies (although I would not bet money on that) but it is safe to say that he doesn't make it make sense to the adjudicator (and you can add as much evidence as you want if your story does not make sense, you will be denied) and also he doesn't talk about his statement as evidence (which is extremely surprising since apparently he has a lawyer: Yet another inconsistency)

So let me break it down for you: I quote him: "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"

So I am sorry but this reeks of inconsistencies: They were barely married for a year: 2018 March to 2019 June then there is a big hole in his story (so she is not sick anymore in June 2019 and then they divorced on September 2021 .

So:

-What happened between March 2019 and March 2020 and until 2021? Not mentioned. Please note that the COVID lockdown started in March 2020 in Maryland so he would have been in lockdown with his spouse but no mention of any of that. Where was he?: first red flag

-Where is the evidence of the accident? Not mentioned, second red flag

-She gets hospitalized for a month, where is the evidence? Nowhere: third red flag

-They lived in her family house supported by her parents but he has a lease with some landlord. Makes no sense, fourth red flag

-She is bedridden until June 2019 but SOMEWHAT although she is bedridden at her parents and he has to remain unemployed to be by her side at all times (although they are both students), she finds a way to cheat on him. How that can possibly happen since she is stuck in a bed and social distancing measures started right when she apparently recovered so she could not be in public spaces with anyone? Fifth red flag

-He mentioned that he would "send her money through Cash app", why would he send her money if they are living together vs paying the bills himself? Makes no sense! Oh wait but he also says before that, that they could not open a joint bank account because they both were unemployed for a year so where the heck did this money come from? Sixth red flag

-Then he could not ask her to open a joint bank account because she was in bed : Who is going to believe that? Who cannot open a bank account online? Seventh red flag (this one is glaring)

-Then we learn that he filed for FAFSA (and her too) so they basically are students and FAFSA would be the reason she does not want to have a joint account: It makes no sense as FAFSA filing is based on tax returns for which you sign an authorization and are requested directly from the IRS. Eighth red flag 

 

So see? This has NOTHING to do with the fact that he does not have a psych eval AT ALL but everything to do with the fact that his filing is literally plagued with zillions of inconsistencies and holes! Starting with the absence of a detailed affidavit from the OP himself. As a matter of fact, per the USCIS policy manual, Psych evals are NOT required. I quote the policy manual "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."

 

What is said here is that if one does not have affidavits from Police, judges, medical personnel, school officials or counselors then the CPR can file an affidavit for themselves and he does not mention any statement on his part.

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. 

On 12/9/2024 at 8:15 AM, classyam said:

You filed based on abuse and extreme cruelty, and the case was transferred to be scheduled for an interview after 2 years?  and then got denied without an interview?  My understanding is this type of cases don't involve interviews as they are adjudicated by a "special unit" of USCIS.  Where did you denial letter come from? your local field office or somewhere else?

It came from local field office 

On 10/28/2024 at 9:42 AM, glass8578 said:

I initially obtained a 2 year green card through marriage with a US citizen. We're still married to date. In early 2023 I filed my first I751 and received a 48-month green card extension letter, which extends my green card through 2027. I traveled many times with my expired card and the extension letter and it was fine. Last month I received an I751 denial letter because apparently earlier this year they sent me an RFE but I never received it and I didn't respond so they denied it based on abandonment. I didn't receive an NTA. I hired a lawyer and considered the options to either file motion to reopen or refile I751. We eventually decided to refile given what the USCIS website says "If USCIS receives a Form I-751 following the denial of a Form I-751 due to abandonment (resulting from, for example, a failure to appear for a biometrics or interview appointment or failure to respond to an RFE or NOID), USCIS adjudicates the new Form I-751 separately from the prior denial." After refiling, I received a new 48-month extension letter, same as what I received after the first filing. My question is - does the new extension letter override the termination from the first denial so my LPR status is in good standing again? can I now travel out of country and come back with the expired green card and new extension letter which extends it through 2027?

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.

On 10/13/2022 at 6:33 PM, Timona said:

Were you and your wife divorced before your first ROC? Or were you separated before that ROC? 

 

I find it weird they just denied your case and issued you a NTA. Something is missing here...

On 10/26/2022 at 12:06 AM, TBoneTX said:

A hijack post + reply have been split from this thread into a new thread in the Effects of Major Family Changes forum:

"Fraud Accusations & Divorce; Advice?  [split topic]"

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

5 minutes ago, powerpuff said:

I think this is lawyer territory. Does your new lawyer specialize in these type of cases? 

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

24 minutes ago, Crazy Cat said:

***Similar topic merged.   @Salva, Do not start a new topic on this subject, Keep questions and answers organized under a single thread*****

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

10 hours ago, Boiler said:

You filed with a divorce waiver?

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. 

On 3/6/2023 at 4:38 PM, Rosa Garcia said:

Hello! I received a decision that my I-751 divorce waiver was denied and my status has been terminated. Can I go to work? My lawyer wants to see me in one week. I believe we will discuss my options. But can I continue working?

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?

On 10/7/2024 at 10:51 AM, Ksenia_k said:

 

Hello, everyone.

My story is complicated and any advice would be highly appreciated.

So I got my first green card in 2012, in 2014 we filed joint petition with my husband for removal of conditions, we had interview and USCIS sent us RFE notice, we sent all required documents and kept waiting. Each year I got stamp in my passport and was able to travel without any problems. In 2017 I ve called USCIS to inquire about my case, and they said they will send me another interview notice. That year we moved with my husband to Florida and transferred our case there. After 1 year we decided to move back to NY. I did not report address change right away because I did mail forwarding to our NY address from Florida so I was sure I will get interview notice. I didn’t want to transfer case back to NY because I was afraid of another delays.
In 2020 I went again to Infopass appointment to get another  stamp. 
The gentleman there was very nice and polite and he was very confused why it taking so long to get decision on the case. He told me to wait and in about 15 mins he came with the news that my 751 was denied back in 2018 due to missed interview. I did not got interview notice or denial notice 😅 I know it sounds crazy but I found out later that USPS never forwards legal mails. But!! I did get stamps and travelled internationally with no problems for 2 years after denial, with denied 751. No one from the custom or infopass personnel during all these years told me that! This gentleman told me to reapply and gave me new stamp extension for another year. 

Then, we prepared new 751 and refilled in January 2021. Suddenly my husband passed away in December 2021. In April 2023 I got interview notice and I went there. The officer asked me why I came without my husband I told he passed away. Then he started to ask me about Florida and missed interview. We had joint accounts, a lot of pictures together, I also had letters from hospital that I was listed in my husband’s chart as primary contact. We had taxes and joint bank accounts together, I was also listed as survivor spouse on his death certificate. About 4 months after interview I got denial notice stating I never lived with my husband, and married him only for documents like  it’s not bona fede marriage and that I ve submitted the same pictures as 7 years ago. My husband was much older than me. They also stated that I ve traveled 18 times in past 12 years without my husband (I ve traveled alone because I studied in Europe, and also because we have 2 kids and the rest of my family live outside of USA so kids usually spent each summer with their grandparents).

Long story short, I got NTA notice to appear in court in June 2025, but I still decided reapply 751, I got more proofs like bank statements for past 10 years from different banks, medical records, affidavits, school records for kids, birth certificates, death certificate, taxes for past 5 years , and approximately 150 pictures from different time periods.  

In August 2024 it was accepted and I got extension for 48 months.

I have consulted with many lawyers but found it useless. They all giving different answers and different opinions (like to wait for court, could take another 2-3 years, file with court for green card based on 10 years rule - maybe 5-6 years of wait, and another one said they won’t approve 75- if they already marked it as non bona fede marriage). I am very confused and decided to ask here you opinion. Thank you in advance for all your responses!

 

My questions:

1. Can I travel with this extension letter and new stamp while I am in removal proceedings?
2. Is there chance to get approval (751) after 2 denials and with issued NTA?
3. Can I apply for citizenship while my 751 pending if I have NTA notice

 

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 

On 9/27/2024 at 9:04 PM, OldUser said:

I am really sorry you got denied.

 

Please post your redacted denial letter here once you receive it. This would not only allow others to help you, but educate the ones in similar position as you are.

 

You definitely need to get evidence on living together, letters from landlord etc.

How did you pay the rent / bills? Do you have evidence of that?

 

The tricky part is switching from battery case to divorce waiver case. I'm not 100% sure that's going to work. USCIS can theoretically stick to their guns and insist on seeing evidence that they missed in your prior filing.

 

Therefore it's very important to understanding the basis for denial.

 

Hang in there.

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 . 

On 9/27/2024 at 9:01 PM, Timona said:

Are you divorced? 

 

If so, or if not but planning to, file divorce and then file I-751 with divorce waiver checked. 

 

I am not sure why immigrats tend to think they have to prove abuse to immigration inorder to get their ROC approved. You may have been abused, I don't doubt that. But divorce option is the path of least resistance. Stop trying to prove that you indeed entered the marriage in good faith and left only because you were abused. Too much work. Go with divorce option. 

 

I just spoke about this in another thread today, below. 

 

I always advocate for the easiest path. Stop trying to complicate stuff. Gather all those evidences of shared marital life and file afresh with divorce option. 

 

https://www.visajourney.com/forums/topic/824860-roc-under-waiver-for-battery-or-extreme-cruelty-is-psy-evaluation-mandatory-not-per-uscis-policy-manual/#comment-11011956

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?

On 5/9/2021 at 1:13 AM, Ryan H said:

Moved from IR-1/CR-1 Progress Reports to Removing Conditions on Residency Discussion.

On 5/8/2021 at 6:48 AM, OyameCanto said:

Hi Everyone,

 

So my case is complicated, my i751 was denied twice, i received the NTA and i'm just about to go to my first hearing before the master hearing. So basically my question, can file a new i130 and i485 with my current wife. My first marriage was not good and ended up being toxic, i used the abuse waiver but uscis denied it. I saw that on November 2019; uscis changed//modified they rule to make a better understanding of when one can adjust his/her status with a denied i 751. The memo pretty much, to my understanding, stated that one does not have to go to court to get they I751 denial reaffirmed but if they are eligible to adjust their status they can. I was wondering if i qualify and should i be able to adjust my status or go to court and take my chances with it. @mindthegap  @Villanelle @sandranj let me know what u guys think. Any suggestions would be helpful.

 

 

 

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. 

28 minutes ago, OldUser said:

I am really sorry you got denied.

 

Please post your redacted denial letter here once you receive it. This would not only allow others to help you, but educate the ones in similar position as you are.

 

You definitely need to get evidence on living together, letters from landlord etc.

How did you pay the rent / bills? Do you have evidence of that?

 

The tricky part is switching from battery case to divorce waiver case. I'm not 100% sure that's going to work. USCIS can theoretically stick to their guns and insist on seeing evidence that they missed in your prior filing.

 

Therefore it's very important to understanding the basis for denial.

 

Hang in there.

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. 

25 minutes ago, Timona said:

Are you divorced? 

 

If so, or if not but planning to, file divorce and then file I-751 with divorce waiver checked. 

 

I am not sure why immigrats tend to think they have to prove abuse to immigration inorder to get their ROC approved. You may have been abused, I don't doubt that. But divorce option is the path of least resistance. Stop trying to prove that you indeed entered the marriage in good faith and left only because you were abused. Too much work. Go with divorce option. 

 

I just spoke about this in another thread today, below. 

 

I always advocate for the easiest path. Stop trying to complicate stuff. Gather all those evidences of shared marital life and file afresh with divorce option. 

 

https://www.visajourney.com/forums/topic/824860-roc-under-waiver-for-battery-or-extreme-cruelty-is-psy-evaluation-mandatory-not-per-uscis-policy-manual/#comment-11011956

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.