ap14

I have not been very active here .. unemployment and health issues took priority over immigration.

I received my 751 waiver approval 2 weeks ago. I had filed a I 751 waiver based on extreme cruelty/abuse while still married but separated from USC husband.

Here is my experience and hope someone finds it useful:

Arrived here on a work visa 14 years ago, applied for employment based GC which was in process. Met USC husband, dated for more than a year and got married in Jan 2006.
Decided to file for marriage based GC in Sept 2006.

EAD in Nov 2006. Resigned and therefore abandoned employment based GC process. It was a moment of insanity that was encouraged by my spouse. Then started the whole reversal of personality - his. The abuse and control slowly started.

Conditional GC was approved in May 2007. The abuse got worse.

I moved out of the house in December of 2007 with my daughter from previous marriage with the help of the local women's shelter. He continued to harass, make threats of deportation etc. I kept all emails, police complaints etc.

The state I live in requires one year separation before divorce. Filed for divorce in Jan 2009 but he kept the divorce going with petty issues because he figured he would delay my filing of 751 waiver. He told me, time would run out for timely filing of 751 waiver and I would go out of status and get deported.

I filed for a 751 waiver on the basis of extreme cruelty .. plenty of evidence .. police complaints, emails, letter from therapist, police detective who investigated my complaints, the director from the women's center etc. Also attached 10 years worth of tax returns prior to marriage, joint tax returns, joint bank statements, joint insurance, emails while married and prior to marriage, photos etc.

Wrote a 10 page summary outlining everything that happened from the time I met him until date of application. Also mentioned that I was separated and that he was delaying the divorce.

Received my finger printing notice in May 2009.

My 751 waiver was approved 1st October 2009 less than 6 months from date of filing.

No RFE, NO Interview.

I believe what helped my case was the fact that I anticipated any queries that might have arosen and addressed all possible by way of evidence and in my letter .

I mentioned in my letter .. that I already had the GC process going and did not have to marry him to obtain one. ..that I had married him after arriving in this country on a work visa after 12 yrs of living and working here .. that I had married him in good faith .. plenty evidence.

I included every possible evidence .. ticket stubs ..gift recpts, photos, emails, his prior misdemeanor/felony record which I discovered later.

I also saved all voice mails (VOIP phone, one can save VMs as wav files). mentioned I would produce threats left on phone if required.

Organized everything neatly, labeled all exhibits and submitted evidence to USCIS Vermont Service Center.

I am relieved and happy that this long process is at last over. My divorce is still pending in court. I have a date in December. Now he is claiming in court that I am illegal.

I will be applying for my N400 soon. My immigration lawyer friend tells me that I am eligible to apply in 3 years as my petition is a VAWA based one.

TracyTN

What a knob end. Shows you what he knows about immigration. Won't it be funny when you flash either your shiny new, 10 year GC or the approval letter in open court?

Glad to hear it all went through smoothly - I'm sure your natz will be a breeze too.

Best of luck!

Poppy girl

Wonderful news and I hope your health issues are all behind you.

Rete

Wonderful news. Congratulations and well done.

You give hope to others in your situation and great information on how to achieve the elusive I-751 waiver approval.

jeffreyhy

ap,

Congratulations and best wishes.

Regards, JEff

ap14

Oh yeah, he with the Doctorate is an absolute knob head

He wanted the Judge to order me to give him a copy of my 751 waiver petition to USCIS when I filed one because he believes that he is entitled to a copy as he is the husband. His attorney is another knob head. He has been paying his divorce attorney 400 dollars an hr just to delay the process with petty complaints becos he believes that by delaying divorce he will get me deported eventually.


I have been representing myself. I did not mention that I had already filed for 751 waiver. I just maintained that an immigration document was a confidential document, that current filings are not public documents and that anything that I would file by myself was between me and the USCIS and that he had no rights to it. The Judge threw his request out. So my divorce saga continues.

I just plan to file my N400 in 2 years 9 months as my 751 waiver petition is based on extreme cruelty whether I am divorced by then or not.

Jeff, PoppyGirl, Tracy and Rete .. Thanks for the warm wishes

Poppy girl

Does Mr Smartass remember the avidavit of support

ap14

Well, I have more than 40 quarters of work but he did ask the Judge to order me to give him a letter waiving him from any obligations . He says he will withdraw petition and ask USCIS to cancel his affidavit of support.

I think even the Judge finds the whole process funny, I have seen him try to hide a smile.

Like they say, Love is blind, deaf and dumb and totally without any reason .. sometimes .. like in my case when I married a well educated moron that also turned out abusive.

Rete

Actually the attorney is smart. He files the complaint, holds up the proceedings and earns $400 an hour. Sounds like a plan to me.

ap14

True.

Poppy girl

I am no expert thats for sure, but I think he is blowing smoker up you ass lol....you can't cancel a affivadit of support can you!!


What would be the point in submitting it in the 1st place

ap14

He is an idiot .. that's for sure. He is one of those controlling MCPs who believes that all women are dumb. I am not sure how I never saw this side of him while I was dating him. He was so sweet and charming.

My therapist labeled him a sociopath

Poppy girl

Welcome to my world

lostlove

Congrats on your approval and good luck for your future goals.

meauxna

Congratulations on the approval and for persevering through so much stress.
Best wishes!