brnie80

If the immigrant is able to get divorce based on mental cruelty against the USC, does it help i-751 abuse waiver in any way? I have posted here on this forum before and I have been struggling with my marriage since its start about 11 months ago. According to my therapist, there is manilulation and mental abuse invloved against me. There have been threats to report fraud to USIC, threats of suicide, accusations of adultry and other things like that. According to a few divorce attorneys I talked to, it is hard to get fault divorce based on mental cruelty and there is no point doing fault divorce unless alimony or child custody is involved. I am wondering if would help abuse waiver or if it is better to get divorce on irreconcilable differences. I might be able to get 911 call log, therapist testimony and some proof of fault accusations for proving mental cruelty.

Noorah101

You can get divorced and file your I-751 w/waiver as soon as the divorce is final. As long as you show that the marriage was entered into in good faith, you should be approved. Having proof that he did all those things you listed will help.

Rene

Rete

There are three ways that I know of for the waiver of conditions, (1) prove good faith marriage; (2) physical abuse and (3) mental/emotional abuse.

You chose which one you want to use or are you holding on to the marriage simply because you want to remove conditions successfully without fear of denial? I ask because you say "if" not when.

brnie80

I have held on to the marriage in hopes of making it work out, not because I am afraid of anything. There were hopes of making it work out which have slowly diminished. We have been doing therapy sessions but it does not seem to be working out. I have heard abuse waivers are processed faster. Due to the circumstances surrounding this marriage, I might have a choice of either filing abuse or good faith waiver. I do have excellent proof of marriage entered in good faith. So incase I have choice of both waivers which one would be preferred? Also would getting a fault divorce on ground of mental abuse help the abuse waiver? thanks.

Rete

Can't see that it would hurt. Either way, you need to be divorced. While you have access to the documentation, get everything that is proof together and squirrel it away in a safe place. Once the divorce is started you will be surprised how your wife will hide things from you or destroy evidence.

As for which to chose, the choice is yours. Seriously suggest you consult with an immigration attorney on this. Fastness is not accorded to the type of waiver filed for and it will proceed as normal since there is no need for quickness. You'll be divorced and out of the harmful situation.

brnie80

OK thanks. I have been in touch with several divorce attorneys and do plan on hiring a immigration attorney for the waiver. I will keep you guys updated. Thanks again.

alina97

Hi,
it is up to you and your lawyer which waiver to choose. Consult a lawyer in your particular case.
I can only advise you from my point of view. I think abuse waiver is not very easy to prove - you have to have a lot of solid evidence.
I was in your situation once and actually not too far ago we already discussed the cases like that around here http://britishexpats.com/forum/showthread.php?t=636064
http://britishexpats.com/forum/showthread.php?t=638140
In my case I decided to file good faith marriage, because in this case I can use both evidence - good faith and the evidence for abuse as an explanation why it did not work.

Folinskyinla

Hi:

Just like to add that an abused spouse waiver can be filed BEFORE the divorce is final. CIS has put out notice that they now allow changing the type of pending I-751 [I haven't actually done one]. So once the dissolution is final, you can shift over.

BTW, does your state even have "fault" divorce now? Most states don't any more.

brnie80

Yes there is fault divorce and one of the grounds for fault divorce is false accusation of adultery/mental abuse. I have also heard if recent changes to law regarding i-751 which allows you to file good faith waiver before the divorce is final and then send the divorce decree in response to the RFE when you have it.

brnie80

I have contacted serveral divorce attorney and plan on filing for divorce shortly. Divorce takes 3-4 months in my state. I would like to travel to my home country while the divorce is pending. Do you guys think I would have any trouble coming back. What if my soon to be ex-wife goes and complains to USCIS about me? Could that cause problems on rentry ? Thanks.

Noorah101

If you are filing an I-751 abuse waiver, you don't need the divorce to be final before sending the I-751. Personally, I'd not travel, but rather send the I-751 ASAP and get your case settled here first.

Rene

brnie80

I have met with a few immigration attorneys and have received different views on my situation. One pointed out that short length of marriage and short dating period ( 3 months) are red flags which will need to be overcome. He suggested that joint financial documents don't take much to create. All you have to do is add a name and this might not be enough to prove valid marriage. He was very thorough with the questions he asked me and seemed very cautious and experienced. He also suggested to put abuse in divorce complaint. Others gave me more positive answers and suggested I should not have much problems. One was willing to file for abuse with 2k fee and claims high success rate. Kind of hard to decide which one to hire.