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Thread: I-751 Divorce Waiver Evidence Advice Urgent Help please

  1. #1

    Unhappy I-751 Divorce Waiver Evidence Advice Urgent Help please

    Good morning everyone.

    Came USA F1: 01/2015; Married: 10/2015; CPR: 09/2016; Living separate: 05/2017; CPR expires: 09/2018; Now She is proceeding for divorce
    Finally after all the hurdles I am assuming I have no other way without proceeding to divorce. I tried each and everything; but she does not want to continue because of unknown issue (that she does not want me to know). So here is my position: She is filing for divorce, My CPR will expire on 09/2018, I need to stay till 2021 to complete my education, I wish to continue my life here since in last three years i set up my life here. More or less I have the following evidences. Please advice me if I am missing something or any advice:
    > I will add a cover letter detailing the relationship from beginning till end- Where, when and how
    > Marriage certificate, Our driving license (same address), birth certificate, our passports
    > Divorce paper (after the divorce gets completed)
    > Joint apt. lease from 10/2015 to till date
    > Joint light bill, Joint water bill
    > Internet and cable line under HER name in same address
    > T-mobile plan under MY name including me, her and her two brothers
    > Joint auto insurance
    > Jointly purchased 3 vehicles&auto loans and 1 more vehicle (cash paid before marriage) where she was included in Title after marriage
    > 2 Joint Checking accounts
    > 2 years Joint Tax return
    > Walmart and Sam's Club Spouse Card as her spouse (She is an employee of Walmart now)

    > Some letters from human services, Govt organizations, insurance, banks, schools under our both name in same address
    > 2 marriage counselors papers (Counseling as attempt to save relation)
    > HER Amazon card and Prime Orders showing different purchases from the beginning of relation by me, her, her brothers in different addresses
    > Police report of her abandonment
    > JOINT Police report of family violence where she convicted me taking her phone and I convicted her for physical abuse (I have affidavit of neighbors who witnessed)
    > One hotel vouchers during our trip to another city
    > 15-20 Pictures from beginning of relation of us, some with family and some with friends in different occasions
    > My all emails and correspondence during living separate
    > Her verbal conversation records where she admitted beating me
    > Our text messages, chat and call history of last one year.
    > One affidavit from HER, One from Land lord, One from neighbor, One from common friend, One from our ex roommate (No Affidavit from her family because she does not want me to see them even as she ill-intendedly placed me as an awful person in front of them)
    > Proofs of her some recent suspicious communication with her ex-bf and one other guy
    > Proof of her threats to me if I try to meet her family
    > My psychologist's prescription for depression, anxiety and insomnia during her living separate and my attempts to get her back


    As per other threads on evidences; I am missing the followings/Red Flags:
    > We never had 401K or Life insurance or Joint savings account
    > We never had health insurance continuously since she was having medicare through Govt
    > I don't have hundreds of pictures since she had all of them and she is saying she deleted them! Even I have that text records where I was asking for pictures and she was ignoring my requests
    > I was arrested for 7 hours for a Class C misdemeanor with my friend (he stole a head phone and put that in my bag even without my notice at Walmart!!) Before Conditional Green Card Approval; Later on it was dismissed because I was not at fault and I proved that.


    Based on above statements; any advice for :

    > Any additional evidences needed? Or Am I missing something?
    > Should I go for Good Faith Marriage Waiver or Abuse Waiver or Extreme Hardship Waiver(Considering my Financial ties, Educational issues and Existing loans at USA) ?
    > Should I try to get an affidavit any how from her family even though she does not want me to meet them?


    Any helpful advice welcome.

  2. #2
    You have not been together for 2 years, so there is no basis upon which to give you a green card...and changing back to F1 status would require that you convince somebody that you would leave the US after studying, which is not what it sounds like..

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