I 751 Waiver based on abuse

doc w

Registered Users (C)
If filing for waiver of joint filing for removal of conditions based on abuse. does one have to be divorced? I was wondering if I do get divorce does the divorce have to be based on abuse ?
Thanks
 
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For abuse waivers, you don't need to be divorced prior to filing I-751. So my assumption is your divorce reason is irrelevant to immigration.

If, as you mention, you have "ample" evidence of abuse, I recommend you apply as soon as you can. I advise you, however, that abuse waivers are usually alittle harder to approve than divorce waivers. Also in addition to your abuse evidence, you must also show that marriage was entered in good faith.

If you have the proper evidence then I don't see any problems. Wish you the best.
 
I am wondering if one should file for waiver of joint filing based off of the abuse alone or should one wait to get the divorce as well ?
Is filing based on abuse sufficient? Should I also check the hardship if deported box ?
Is that reason enough to ask for waiver as well along with the abuse?
 
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For everyone, there's a hardship for leaving the US, so unless your country is under attack, don't check this option.

If you intend to check the divorce box, then you must provide atleast the divorce complaint, and you will be required to submit the final divorce decree at some point. Most likely your waiver will not be pproved until you provide them your divorce decree, even if you established enough evidence for abuse.

If you think the abuse evidence is good enough, then it should be enough. It's totally up to you, but don't think you'll have a higher chance of approval the more boxes you check. It's only gonna increase the burden of evidence on you.
 
I am wondering if one should file for waiver of joint filing based off of the abuse alone or should one wait to get the divorce as well ?
Is filing based on abuse sufficient? Should I also check the hardship if deported box ?
Is that reason enough to ask for waiver as well along with the abuse?

Doc, the previous poster has answered you well. It seems like your in a desperate attempt to stay in the country by using any option available to you. Use of any option will make a weak application and lead to a denial.
Moreover, you dont say anything about ur present situation. What ways are you abused, what kind of hardship you face? Be truthful about your self and use a choice applicable to you. Untruthful information brings wrong conclusions that lead to wrong actions. Then the doctor amputates the wrong foot!
 
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