What are the steps for a battered/harassed/threatened spouse to file for V.A.W.A. in order to successfully file for I-751

Asked over 1 year ago - Los Angeles, CA

My spouse defrauded me for his green card. To keep things short, we are now divorced. He abandoned the marriage right after obtaining his 2-year conditional green card. I have reported his fraud with proof to the U.S.C.I.S. and he knows this. All of a sudden, he is bringing forth a one year old email from me where I told him a few things being upset for what he had done to me, and has filed for a temporary restraining order against me. The thing is that he doe snot have any proof to show that he entered our marriage in good faith whatsoever, so it seems like he is trying to collect documentation through the court. Mind you that after he obtained his conditional status and abandoned our marriage to go to Russia for 7 months, we did not see each other to this day and it's been like 1 year an

Additional information

and 3 months, so he could not possible claim a physical abuse where there was none and since it's been forever since we saw each other. For this reason, he has looked through my emails and found one where I was really upset over what he did to me and through that email a year ago, he has filed for a domestic violence for threat temporary restraining order. My questions are as follows...can he now use only the temporary r.o. to file for V.A.W.A. and successful get a green card or it is not that easy. Will it be helpful for me to write to immigration before our permanent hearing to explain the same issue to immigration to keep them aware since his actions are pretty much obvious and I am sure immigration gets lots of such scammers day and night. What are the steps in filing for the waiver to individually remove the conditional status with a domestic violence temporary r.o....or is the court first needs to make it a permanent r.o. before he removes the waiver.

Attorney answers (2)

  1. Laura Justine Jacobson

    Contributor Level 13

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    Answered . To file the I-751, your spouse will have to prove that he entered into the marriage in good faith and that you are now divorced, or that he entered into the marriage in good faith but he has been battered or subjected to extreme cruelty by his spouse. USCIS is aware of fraud in these applications and will review all of his information very thoroughly to make both of those determinations.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  2. Alexander Joseph Segal

    Contributor Level 20

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    Answered . No need, just file I751. Reach out to victim of domestic violence clinics. They are all over the country. They may assist for free.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more

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