i751 abused waiver

Old Aug 12th 2011, 6:05 pm
  #1  
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Default i751 abused waiver

can i filed i751 abused waiver based on threats and harassement ? \
my situation :
student
got married in 2009
conditional green card approved june 2010
my wife is bipolar so she is very depressed all the time.
from march 2011 she is started smoking marijuana all the time at home
she stopped paying any bill
she always call me named
the guy who provide her this drug started threaten me so i leave the house sleep in friend house and i went to shelter and sleep in a baseman
on july 4 she left me crazy voicemail she is coming home smoking weed and stub me. so left the house.
the landlor warn her to stop smoking in the appt, she didn't listen.
the landlor evicted her from the appt.
i have some police report and smsof threats.
i have to take medcine to sleep because of anxiety. actually seing a therapist.
can i apply for a waiver base on this?
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Old Aug 12th 2011, 6:53 pm
  #2  
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Default Re: i751 abused waiver

That's a tough one.

Curious questions:

Who filed your affidavit of support?

Are you still married?


I venture to say, anything is possible, but I would rely on the opinion of a lawyer that had a few like this under his/her belt.

Take to the lawyer all the docs you can find and get an opinion before you decide how to proceed. Not just any layer, hopefully one with a few cases like yours, so they know what to expect
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Old Aug 12th 2011, 7:17 pm
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Default Re: i751 abused waiver

Originally Posted by vicvic2010 View Post
can i apply for a waiver base on this?
Yes, of course you can. You will have to thoroughly document the abuse. This is not something you want to do on your own, so make sure you get an attorney to help you.

As always, I acknowledge that I did not write this, nor do I know who did.

VAWA Filing

A self petitioner's declaration is also an affidavit. Explain in your own words to describe the history and nature of your relationship and residence with the abuser, history and nature of the abuse, and the ways to show good moral character. If you need to write your own, a good declaration contains the following:

Section on relationship to the abuser
• How, when, and where the applicant met the spouse.
• Describe the courtship before they married.
• Details about the marriage proposal and wedding day.
• If children, when were they born?

Section on residence with the abuser
• When they moved in together.
• Places where they lived together.
• How long they lived in each place together.

Section on domestic violence
• HOW and WHEN spouse began abusive behavior;
• How long into marriage did spouse's behavior change?
• Was behavior change sudden or gradual?
• Focus on FIRST, WORST, and LAST incidents;
• Include both PHYSICAL and PSYCHOLOGICAL abuse.
• Was substance abuse involved?
• What led up to the incidents?
• Did applicant call the police? If not, why not?
• If police were called, was abuser arrested? If not, why not?
• Did the applicant go to a doctor or hospital?
• Did applicant get a restraining order? If so, when?
• Did anyone witness the violence?
• Describe any sexual abuse.
• Describe any verbal abuse, including insults.
• Describe any abuse based on economic power.
• Describe any effect on children.
• Describe any threats by the abuser to turn the applicant into the USCIS or have them deported.

Section on good moral character
• Lack of problems with the law.
• Position in, contributions to community.
• Role in the positive development of the children.
• More extensive explanation of good moral character if needed to counterbalance any problems showing good moral character

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Old Aug 12th 2011, 9:13 pm
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Default Re: i751 abused waiver

she did file the affidavit.
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Old Aug 12th 2011, 9:15 pm
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Default Re: i751 abused waiver

Originally Posted by A I View Post
That's a tough one.

Curious questions:

Who filed your affidavit of support?

Are you still married?


I venture to say, anything is possible, but I would rely on the opinion of a lawyer that had a few like this under his/her belt.

Take to the lawyer all the docs you can find and get an opinion before you decide how to proceed. Not just any layer, hopefully one with a few cases like yours, so they know what to expect
she did file the affidavit
yes iam still married.
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