I deal with I-751 waiver almost daily. If you are already divorced or will be divorced in the next few months, you can file the I-751 case without mentionning any abuse but base your petition on "I entered the marriage in good faith but the marriage was terminated through divorce or annulment".
A I-751 petition based on abuse is not that easy to do. A mere statement from you will not be sufficient.
Impossible to present you with a list of possibly matching factors that should accompany your filing. You must work with a counsel closely to assemble an adequately convincing package based on factual evidence with bona fide proofs.
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Hello. Filing an I-751 based on abuse is a scary thing to do on your own and I strongly recommend that you proceed with an attorney who you trust. If USCIS decides that your marriage was not entered into in good faith, or that your abuse does not satisfy the requirement of "battered or subjected to extreme cruelty," then USCIS can put you into removal proceedings and try to deport you and take away your green card. Please find a good immigration attorney and proceed with caution.
Otis C. Landerholm, Esq.
I agree with y colleagues. You need to hire an immigration attorney and soon. This is a type of an application, like most immigration applications, by the way, where profesional help may spell a difference between success and not.
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I agree with my colleagues. Consult with an experienced Immigration Attorney.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
Some types of evidentiary proof that you can submit along with an i-751 Petition can be found at the link provided below.
However, I agree that you should consult with an immigration attorney prior to filing; otherwise, you may subject yourself to penalties, including denial of future immigration benefits.