After filling I-751 in December 2012, my wife moved out of the house before i received the letter from uscis asking for more evidence. She refused to provide a copy of her drivers license , birth certificate of her kids from previous relationship and copies of her tax transcript as requested by uscis because she filled as head of household in 2011 and 2012 while we live together under one roof . I sent what I have to beat the deadline but she wants a divorce now . We don't have enough jointly for me to file for a waiver and no abuse. If uscis requested for 2nd evidence. I don't have any other documents to give other than to give her a divorce before the deadline. If I re-marry 6 months after the divorce to file again meaning to start all over. What is my chance and what re the implication
You really need to consult a qualified immigration attorney in your area. If USCIS believes that you did not fully comply with its request for evidence, it will likely deny your petition. You are now separated, but not divorced. Your petition is likely going to be denied. You theoretically could modify it to a waiver-based petition but you would need to be divorced in order to do that. Furthermore, if it is denied, and you remarry and seek to readjust, USCIS is loathe to grant an adjustment on a subsequent petition when the I-751 from the first was denied. Usually, your local office will issue at NTA (removal proceedings) when the original I-751 is denied or if the subsequent I-485 (from the new marriage) is denied. The bottom line is, you need the expert guidance and assistance of a qualified immigration lawyer. You can search for one at www.ailalawyer.org. Best of luck to you.
6 lawyers agree
If you divorce and marry another USC who then also sponsors you for a green card, you will have to prove the good faith and authenticity of BOTH marriages. There is going to be no escaping from that. You urgently need help from a competent immigration lawyer in your area NOW, before its too late and you make more expensive mistakes from which there will be no return.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
5 lawyers agree
This may sound like a silly question but how do you know what the word "abuse" means under the VAWA laws? There are so many different forms of abuse. Often times you may be abused but think it's just a normal marriage with your wife yelling at you all the time. Consult an attorney.
Khaja M. Din, Esq.
Din Law, LLC
Free Initial Consult For All Your Immigration Questions
All of the evidence should have been submitted in December, 2012. Now, if you cannot get the evidence required, even if you are divorced you may have trouble getting the condition removed. If your application is denied, and you marry someone else, then you can file again for adjustment of status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Your best bet is to wait for the divorce to finalize and then convert the I-751 into a waiver. You might be able to gather enough evidence for the waiver's approval with the help of a good immigration attorney.