More details to this question:
I got the green card through marriage. We filed jointly the form I-751, I got a 1-year extension, had Biometrics and when I check online for the deadlines USCIS is processing files one year prior to this year. Meanwhile the situation with my spouse has significantly deteriorated, he got abusive with drugs daily and violent (once every month and a half on average) for more than 10 Months. Last week I had no choice than calling the police to stop his violence. It has now been a week I had to leave home because I don't feel safe anymore under the same roof. I have tried everything to make my marriage work but I now don't see any other issue than divorcing as it has become dangerous. Is there a waiver procedure for abusive marriage (drugs & violence) once the petition to remove conditions has been filed jointly? Do I have to wait to receive my answer before filing for divorce? What happens if he files for divorce, as he's afraid to go to jail and revengeful as I called the police on him?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Where the I-751 is filed jointly in a case like yours, you may be able to obtain approval even under your present circumstances as long as there is no divorce. Otherwise, you are allowed to change the character of the I-751 filing either affirmatively or if you receive a notice for interview from U.S.C.I.S. At that time, you can show all the evidence of his violence and your calling the police and you may be eligible for a waiver under the Violence against Women’s Act. You may also start your own proceedings for divorce and obtain a waiver through having had a bona fide marriage which is now ended. Please note that these are 2 separate waivers and under the second, a divorce is required at the end before the conditional residence can be removed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 23rd, 2017 at 1:58 PM