ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionVAWA I-360 (USC battered wife)
Hi,
I have a temporary GC (based on family - my husband is a USC). I want to apply for a waiver to
be able to remove my condition (temporary of my CG).
The nature of the abuse was mainly emotionally and psychologic.
I have a letter from my family doctor that recommended me to the Retreat
- an organization that helps abused women; I can
get letters from my friends, my counselor (social worker) and my psychologist. I also filed a report with the police.
If there is anyone that have been in a similar situation and successfully filed I-360 please
let me know.

Thank you
MihaelaNYSNot TellingRomania2008-05-19 19:06:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
"On the subject, Why not go through divorce on mutual agreement (you are not seeking support, him cooperating with the GC process)? "
I wish it could be possible.
He is trying desperately to kick me out of the country.
He tries to annul the marriage accusing me of fraud and I am sure he filed a complaint to USCIS on that hoping that somehow I get deported and he will be free of his obligations (affidavit of support). He only has his words, his lies against me. ...
His behaviour is typical of an abuser. He is seeking always power and control over the other partner. It is the only way (an time) when he feels he is better then the other person and therefore he is worth something. I know it is hard for you to understand if you didnt dealt with such creatures or you are not a psychologist.
The only thing that satisfy him is seeing somebody hurt or distroyed by him. This is his power and control over another.
So, I have to go throw it all by myself.
I just need to figure out the best way at this time.

Thank you for your suggestion.
MihaelaNYSNot TellingRomania2008-12-01 18:36:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
" Your allegation of abuse is a bit shallow, however, as you continue to cohabit--so you are not afraid of additional abuse? The USCIS would have a big question about continuing to live together even though you don't share the same bed."
You don't know the whole story on that, and it would take a lot of space to write it down here.
Cohabitation means marital relationship (sex, finances, everything...). Here is not the case anymore. I only go "home" - where I have the right to reside - at night and leave in the morning. I have a lock to my door so nobody can come in over night. If he tries anything, i will call the police. he knows that because he has a lawyer and since I filed for divorce (with allegations of what he did not what he does or will do)... Ofcourse I am affraid that him or his family will do something against me but I cannot afford to pay rent and survive anywhere else for now (I got a lot of hours cut back on my job because of this economy situation being as it is....). I am on the verge of loosing my job so..... I will reside where I have the right and possibility to, not where I would prefer to.
MihaelaNYSNot TellingRomania2008-12-01 18:24:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
"Have you discussed this in detail with your lawyer? "
No yet, but that will be the next step, once my husband will agree to not contest the divorce anymore. ... .

"if your husband's attorney is angling to have you sign something to state that he will no longer be responsible for his obligation to USCIS, I don't think that will work. "
yes, that's the condition under which he might consider giving me the divorce ...

"I suspect some underlying machinations on the part of your husband and his attorney, to get you to relinquish some rights under the auspices that it will be relinquishing your husband's obligation to USCIS."
I have to admit, I dont quite understand what you mean (my English is not that good, sorry).
What happends is more like a blackmail: he wants out of the marriage and out of the sponsorship in exchange with him giving me the divorce.

If we manage to get this over with and I get a divorce decree under constructive abandonment ground, would I be able to claim abuse to USCIS ? ... That all this happened because he abused me ?! (and bring supporting evidence with it) .

Thank you all for your answers. smile.gif
MihaelaNYSNot TellingRomania2008-11-30 20:23:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
[quote name='diadromous mermaid' date='Nov 30 2008, 08:00 PM' post='2438228']
Have you, or will you have lived apart for 12 months prior to the date your GC expires?
.................
We still live in the same house (since I cannot afford rent and lawyers.)... but I understand that if we sign an agreement that stipulates that we didnt cohabit (meaning marital relationship) from February 2007, then in 2008 same month, divorce decree can be signed by judge. Should I settle (and get the divorce decree under the ground of constructive abandonment) or go for the trial (which can be a very long and extremely expensive battle) under the ground of abuse ?
MihaelaNYSNot TellingRomania2008-11-30 19:13:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
Hi everybody,
I am in a critical situation and I have to take a very important decision soon.
I need all the help I can get from people that went throw something like this (applied successfully for removal of condition on their GC while divorced from an spiteful spouse) or know the law on immigration issues.
I have a conditional GC based on marriage. My husband filled for an annulment on the marriage (I can loose my right to reside in US)
and I filled for divorce claiming abuse on his part. Now, my lawyer said that my husband would give me the divorce only if I find another sponsor and I won't ask anything from him (support, property, pension, health insurance, counselor fees.... anything).
In order for me to get a divorce decree, a settelment agreement has to be signed by both parties.
I have to decide if I sign the settelment or go for the trial. (I have only 5 months left before my GC expire.
On the divorce decree, does it say on what ground the marriage was terminated?
What chances would I stand (immigration wise) if I sign an agreement/settelment ?!
I know he will do anything to prevent me for lifting the temporary condition on my GC.

Thank you
MihaelaNYSNot TellingRomania2008-11-30 18:44:00
Removing Conditions on Residency General DiscussionSham Marriage
"Anyone know why ICE wouldn't take her into custody upon the husband filing a report? What does it take to get ICE to take a fraudster out of your house?"

Oh well, my husband, the USC tried to do this to me after almost 1 year of marriage.... just to get rid of his wife in the most easyest way possible, just throuw her out of the country because a spouse ask it. That's just nice ! How about the oath they took to love, care, cherish.... nothing but empty words.
Thank God that here, at least in theory, a person is considered not guilty until proven otherwise....
So, evidence is what you need!!!! Then, you may ask for justice in your case.

MihaelaNYSNot TellingRomania2008-12-21 16:51:00
Removing Conditions on Residency General Discussionremoving conditions after divorce
QUOTE (sara9 @ Feb 20 2009, 04:19 PM) <{POST_SNAPBACK}>
hello everybody
i m in desperate need of help. i got married with us citizen and as a result of domestici voilence i got divorced. my divorced got finalized in august and i filed for removal of conditions in october 2008. i submitted the following documents:

-divorce decree
-marriage certificate
-lease agreement
-checking account details
-his emails and e cards
-photos
-statement from the school where we took classes jointly
-airline tickets showing travel abroad together

to show my good faith marriage. but still i got RFE and they are asking for more evidence of good faith marriage. what should i do. i m so depresed and need your help. especially if mamatom is reading this message i really need your help because my case is very much similar to yours. plsssssssss help me.



[quote name='MihaelaNYS' date='Feb 22 2009, 11:53 AM' post='2673145']
[quote name='sara9' post='2669474' date='Feb 20 2009, 04:19 PM']hello everybody
i m in desperate need of help. i got married with us citizen and as a result of domestici voilence i got divorced. "
- Did you presented any kind of evidence for the abuse???

Jay Jay,
Huge Congrats for your 10 years GC!!!!!
You deserve it.
MihaelaNYSNot TellingRomania2009-02-22 10:55:00
Removing Conditions on Residency General DiscussionRemoving conditions applied on a waiver, I got approved without interview
Thanks for sharing, indeed.
It seems that you had a good marriage/relationship with your spouse.
I am deeply sorry for your loss.

Best wishes to you! smile.gif

MihaelaNYSNot TellingRomania2009-02-22 13:24:00
Removing Conditions on Residency General DiscussionRemoving conditions applied on a waiver, I got approved without interview
Good for you! yes.gif
Yes, I think a lot of people who access this forum are interested to know more about your waiver and the doc. you submitted.
Thanks
rose.gif

MihaelaNYSNot TellingRomania2009-02-18 19:17:00
Removing Conditions on Residency General DiscussionMy I-751 was denied
"...the problem with me was that i couldn't send them my divorce papers in time , becasue it wasn't finalized so they denied my case".

Hi,
I'll probably be in a situation somewhat similar to yours ... although papers have been filed with the court for more then a year ago to end the marriage, my husband, the USC doesn't want to give me the divorce so, I will have to file I-751 soon but still in divorce proceedings....
What waiver did you filed? How did you self-petitioned?

huh.gif
MihaelaNYSNot TellingRomania2009-03-16 18:09:00
Removing Conditions on Residency General DiscussionNeed help in preparing RFE for extreme cruelty
" If abuse is emotional, there is always the door you can walk out through. Simple as that."
True, but I can tell from your posting that you have never experienced psycological and emotional abuse. It's far worse then the physical one.

I give you an example of what can happen from my own experience: my USC husband and his parents threatened me with deportation in case I don't comply unconditionally with their demands, yealed, insulted and humiliated me as much and often as they could ....and one evening, one my best friends (an american woman) seeing that I am very depressed, tired and sad about the situation at my home, said: why don't you stay here, in my house tonight so you can get some rest and good night sleep. And so I did. I didn't shut down my phone, so if anyone would be looking for me, I can be reached over the phone.
Next day I got a call from the police, the detective said that my husband filed a missing report on me, the police was looking for me.
They found me all right, 2 rings later ... The abuser was playing the "victim" part.
He made the situation looked as if I was the bad person who abandoned the family... and he was the nice, concerned husband.....
So, the bottom line is this: before you leave the household, make sure that you know your rights. Document everything, otherwise, you might look like the bad person.
Abandonment is ground for divorce (in some states).

Emotional abuse doesn't heal as easy as the phisical one - ask any doctor and will confirm. Also, it's hard to prove so, use the help of a phisician/psychologist.
MihaelaNYSNot TellingRomania2009-03-21 10:21:00
Removing Conditions on Residency General DiscussionNeed help in preparing RFE for extreme cruelty
"He also closed the joint accounts"...
I don't see how he can do that without her approval. I know I've been in a situation where my abusive USC husband incurred debts on the joint account (overdrawn a lot) and when I went to the bank to pay off the debt so I can close the acc. (in fear that my credit is being destroyed) but I couldn't do it without my abuser's signature/permission.

Regarding the abusive eviction: my husband threatened me a lot of times to throw me out of the house (which is on his parent's property, they own it) and in fear that this would happen, I went to see a family lawyer. Explaining the situation, the lawyer said: do you know that you can have him arrested? (just for threatening you with this)? His parents cannot throw you out of the house. They will need an eviction order. And they would have to evict the both of you.
It is your right to reside with your husband no matter where he stays (even in his parents house if that would be the case)....
well, try to document and be able to prove what happened.
You can also check with an family lawyer in your state what are the wife's rights in this situation.
I bet that she could move back in (or attempt to do it) with her husband. If his family puts up a fight, record their threats, call the cops, then file for an order of protection. If the judge won't order them to move out of their house, hey will order them to pay for your living in other place.
At that point, you will have more then enough evidence of the abuse and file with an waiver.
MihaelaNYSNot TellingRomania2009-03-19 18:30:00
Removing Conditions on Residency General DiscussionI-751 Approved/AWA
Congrats! rose.gif

How was the interview? ... waiting for details blush.gif
MihaelaNYSNot TellingRomania2009-06-02 15:52:00
Removing Conditions on Residency General DiscussionDivorced I-751 Approved
Did you use a lawyer for your application or went by yourself?!
MihaelaNYSNot TellingRomania2009-06-03 11:33:00
Removing Conditions on Residency General DiscussionDivorced I-751 Approved
Congrats! rose.gif

Share your experience with us. good.gif
MihaelaNYSNot TellingRomania2009-06-02 15:50:00
Removing Conditions on Residency General DiscussionAnother Quick Approval
Congrats!!! rose.gif

Did you applied jointly?
MihaelaNYSNot TellingRomania2009-06-02 15:48:00
Removing Conditions on Residency General DiscussionFinally i got my ten years green card
Congrats!
rose.gif
Give us a little bit of details about your case.
Did you applied jointly? Did you use a lawyer?
MihaelaNYSNot TellingRomania2009-06-03 11:42:00
Removing Conditions on Residency General DiscussionPolice Character Certificate
Hi,
I am getting ready to file my i-751 and I would like to know what evidence/documents I should attache for good moral character proof? Should I get a Police Character Certificate or any document?
I got my divorce decree recently and the ground (that I filed my divorce on is) cruel and inhuman treatment (abuse).
Should I check the "e" box on the petition (I-751) ??? I am not a spouse anymore, so should I only check "d"?

Thank you,
Mihaela
MihaelaNYSNot TellingRomania2009-06-16 11:07:00
Removing Conditions on Residency General Discussionwaiver approved
Congrats!!!!
rose.gif
Please give us details about your waiver and documents submitted with your application.
Thanks
smile.gif
MihaelaNYSNot TellingRomania2009-06-29 13:43:00
Removing Conditions on Residency General Discussiontax returns
What hapends if we didnt filed jointly but married filing separately?
I only have my IRS transcripts. Do I have to ask for my ex-husbands too?
MihaelaNYSNot TellingRomania2009-07-14 15:50:00
Removing Conditions on Residency General DiscussionAHHG! USCIS address change FAIL. HELP!
Do they always send confirmations for the change of address letters????
What tel# should I call?
MihaelaNYSNot TellingRomania2009-07-17 16:35:00
Removing Conditions on Residency General DiscussionAHHG! USCIS address change FAIL. HELP!
Oh !!!... I don't know what to do... I don't have any proof that I sent it. Should I just call USCIS and make sure they change my address???
MihaelaNYSNot TellingRomania2009-07-17 16:07:00
Removing Conditions on Residency General DiscussionAHHG! USCIS address change FAIL. HELP!
wow!
I sent USCIS the form for "Change Of Address" about 2 months ago but I didn't receive any confirmation from them or anything else. Should I be concerned ?
MihaelaNYSNot TellingRomania2009-07-17 12:29:00