plaza

I am about to send the i751 waiver based on divorce and after reading a few posts have some questions in regards to the additional docs I need to send with application:

(I am doing this without an attorney)

I understood (correct me if I'm wrong) that what is needed to show to uscis is a good faith marriage. does this mean I need to show proof from before we were married? or is it needed to show how we lived together from the marriage and from when I received the GC until separated? (ie: joint bills, car insurance, medical cards, pics etc?) or to send both? I believe i read here that sometimes sending irrelevant things can actually harm if not help, that is why I would like to understand what I need to show.
In addition, there was emotional abuse from husband, and I have seen social worker who is willing to write letter if needed, but is this helpful in anyway or can harm?
Do I need to write also an explanation of how we met and why we separated or just stick to the evidence, and if asked later on to send additional explanations?
Thanks

Noorah101

Hi and Welcome to BE.

These kinds of questions are exactly why we usually advise retaining an immigration attorney when doing an I-751 with Waiver case.

Or, at least, put together your best package and have an immigration attorney just look it over and make suggestions, maybe just a 1 or 2 time fee for that. However, many people end up having an interview when filing I-751 with Waiver, and it would be good to have your lawyer go with you to that interview, which is another cost.

Might be better to just hire one from the start, to include all work performed.

Rene

plaza

Thank you Noorah!

I know it would be ideal to hire attorney, unfortunately I wont be able to afford it, that is why i am trying to collect as much info to do it by myself, and hope that I will be successful as others that were successful doing it themselves.
Any input from the forum can help to clarify some of the issues.
If not possible, Do you know attorneys that would agree to work on an hourly rate to just go over the package?

Poppy girl

I agree with Rene and she is the guru on these topics, with that said I filed many years ago now 2008 I think it was and had an interview, as soon as the officer saw the file that he was a naughty boy my ex it was a done deal, I took as much dirt as possible that I had on him and all joint documents, bank account etc...no I did not use a lawyer went alone and nearly had heart failure waiting to go for the interview.

S Folinsky

If you can't afford a lawyer, take a look at the availability of legal aid or low cost immigration services in your locality.

Here in Los Angeles, there exists the Immigration Legal Assistance Project.

plaza

thank you all for your replies! Legal aid is great but there is a long waiting period and I have only a few weeks to send this before cr expires....
Poppy Girl, "as soon as the officer saw the file that he was a naughty boy my ex it was a done deal, I took as much dirt as possible that I had on him" does this mean I should include the reasons for divorce and supporting docs, ie: the letter from social worker?
Thanks

Poppy girl

Yes indeed take the lot, everything, I even photo copied the court website page with his convictions on.

plaza

thanks

S Folinsky

Reminder: the 90-day filing window does not apply to 751 waiver applications. People' including lawyers, often miss that. I would often recommend "early" applications.

ian-mstm

I have posted this periodically, but now seems like a good time. I did not create this, and I have no idea who did... but it's good stuff.

Ian

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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