Batered Spouse Waiver

[hellomynameissmith]

I understand one can get "battered spouse waiver" to remove the conditional status to permanent. I only have SIMPLE questions that can be awnswered quickly and easily by the knowlecgeable. Pelase dont post other posts unless its directly relaeted to the latter.

1. When does one submit the waiver? Before one submits the whole 130/485 package? after? after but before interview? when?

2. What constitutes extreme phycial creuelty? Please just say "punching, marks left, broken bones, etc." or whatevedr it means. be specific. Don't be like "well john, extreme physical cruelty or the nature or extent of it depends on several factors, whether one perceives one has been a victim of such cruelty" etc. blablabala

[hellomynameissmith]

I understand one can get "battered spouse waiver" to remove the conditional status to permanent. I only have SIMPLE questions that can be awnswered quickly and easily by the knowlecgeable. Pelase dont post other posts unless its directly relaeted to the latter.

1. When does one submit the waiver? Before one submits the whole 130/485 package? after? after but before interview? when?

2. What constitutes extreme phycial creuelty? Please just say "punching, marks left, broken bones, etc." or whatevedr it means. be specific. Don't be like "well john, extreme physical cruelty or the nature or extent of it depends on several factors, whether one perceives one has been a victim of such cruelty" etc. blablabala

[Aguila]

[1] You can only file the Form I-751 to remove conditions on residence if you are a conditional permanent resident and thus you can only do this after I-130/485 is filed and APPROVED.

[2] You are confused, there is no such a thing as 'extreme physical cruelty' there is however, an 'extreme mental cruelty' ground for a waiver application. Battery constitutes physical abuse. An alien can apply for this waiver if he can support that it was battered or subjected to extreme mental cruelty or both at the same time. Police reports, psychologist reports, divorce decree based on this same ground, statemetns from witnesses that contemplated the abuse, medical records, etc can support such a claim.

[sappyconifer]

Incorrect. An alien subject to battery can petition under VAWA (I360) at any time, if the battery occured during the marriage and in the USA, or elsewhere, only if the US citizen spouse is a member of the military or a government employee.

[Aguila]

sappyconifer:

You had better read more carefully. The poster on this thread referred to: "'battered spouse waiver' to remove the conditional status to permanent"

I-360 is different application also based on battery and/or extreme mental cruelty, but it has a heavy burden of proof.

[sappyconifer]

Yes, I suggest you do the same. The member said "I understand one can get "battered spouse waiver" to remove the conditional status to permanent.". He then goes on to ask "When does one submit the waiver? Before one submits the whole 130/485 package? after? after but before interview? when?"

It suggests that perhaps the I30/I485 package has not been submitted yet or not yet approved, and in that case there's no conditional residency yet, and certainly it's not time to submit an I751!

[hellomynameissmith]

Does slapping/scratching/punching/throwing objects constitute "physical abuse?" Is it harder for a male to get a waiver? Does that "VAWA" for females only?

Thank you all. Info is very much appreaciated.

[sappyconifer]

Yes.
It shouldn't be.
No.

[hellomynameissmith]

which is faster you think? been married for a year living in us. havent submitted 130/485 yet. think its easier/faster to wait another year then divorce or to get batered spouse waiver? please tell me the advatnages/disadvawetges. Can I even stay in US after conditions are removed then I divorce?

thanks

[hellomynameissmith]

helloooo.....which is faster/easier?