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Thread: Self Petition or lose my mind with insecure Controlling Hubby

  1. #1
    I am a conditional resident, temporarily separated from my insecure and controlling husband. LOVE him to death, but his controlling issues are driving me away from him. I am told that I can self petition, but i am scared that I will be denied, but i don't want this to be the reason primary reason why I return, because his behavior is taking a toll on me: no friends, no work, etc. ADVICE, anyone? Thanks!!!

  2. #2
    I am a conditional resident, temporarily separated from my insecure and controlling husband. LOVE him to death, but his controlling issues are driving me away from him. I am told that I can self petition, but i am scared that I will be denied, but i don't want this to be the reason primary reason why I return, because his behavior is taking a toll on me: no friends, no work, etc. ADVICE, anyone? Thanks!!!

  3. #3
    If you want to self petition, you will need to have documentation of the abuse. If he is simply jealous and insecure, it probably won't be enough. He has to be literally abusing you. Emotional abuse is real, but it's a lot harder to prove since you don't have bruses. If you sincerely believe that his jealousness is to a point where it is abuse, then at least see a counselor or therapist who could testify to the fact that you are a victim of abuse.
    Have a nice day

  4. #4
    That's not correct. Vivia has a conditional green card. An alien that divorced can self-petition to remove conditions on the basis of a bona fide marriage that terminated. She doesn't have to prove abuse at all! But she must have enough evidence of the bona fide nature of the marriage.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  5. #5
    Vivia,

    You can file the I-751 form alone, noting that you are requesting a waiver of the joint filing requirement. If your husband is controlling and that is contributing to the demise of the marriage, be sure to collect any and all evidence you will need to support your contention that the marriage is bona fide and place it in a secure location, before uttering that you plan to file alone.

    Good luck!

  6. #6
    Vivia,

    I notice you stated temporarily separated in your post. Do you plan on staying with your husband?

    Guys....correct me if I am wrong, but Vivia must divorce her USC and have the decree in hand both filing the waiver? The condition of her status is her marriage to him. If she is married to him they should file the joint 751. If she wants to lift the conditional status via a waiver she must be divorced.

  7. #7
    In fact...read her post again...

    She states that she is temporarily separated and then states that she is afraid of denial of the self-petition because she will have to return to her husband.

    She can not do this.....

    It's sad! People are so conditioned to respond they don't read what people are writing....

    Is it possible you gave her advice not understanding her intentions?

  8. #8
    Filing if the Couple is Married

    If the couple is still married, the I-751 must be filed jointly within the 90 days immediately before the end of the second year of conditional permanent resident status. Ideally, the couple is still together and happily married. They file their joint I-751 and show that their marriage is on-going and bona fide. Evidence submitted should include updated documentation of their joint address, any joint assets / liabilities, evidence of any children, and any other proof that they are living like most married couples.
    ©MurthyDotCom

    Filing if the Couple is Separated

    More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

    Joint-Filing Waived in Limited Cases

    There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

  9. #9
    Not the way I read it. I did not get the impression that she would return to her husband if she is not successful, at all.

    I read it that she does not wish for any apprehension about filing a waiver and its relative success or failure to influence any decision to end the marriage. In that regard, it is correct that she can file alone, if she is divorced, but she'll need the decree in order to do that. And, evidence of the genuine nature of her marriage in order to prevail.

  10. #10
    My confusion comes from the statement "temporarily separated" (for the time being, for the moment, provisionally, momentarily, for the short term, in the short term, in the interim, briefly, etc.)

    I am divorcing my husband and I refer to our current separation as PERMANENT.

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