I am in a bind. I got married in 2009 and got a CPR in July 2010, from my husband a USC. In Oct 2010 he filed for divorce and I tried to pay him $5000 to stop the divorce so I can file the joint 1-751. I made a blunder and signed a document with him. He never stopped the divorce and he divorced me in abstentia in Nov 2010. I have to file a waiver of good faith marriage and 1-751 VAWA pettion. How good are my chances? USC husb accused me of marriage fraud and may have sent a letter and the contract we signed to USCIC. Will there be a note on my file about his accusations and the contract that I signed to pay him off ? My lawyer told me about VAWA but I have no proof physical abuse or any 911 calls or any kind of abuse. What are my chances of getting my 1-751 approved? Should I just leave
Marriage fraud as you know is very serious. You can self petition the I-751 under either extreme hardship, divorce or the VAWA claim.
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Your chances of success are small if USCIS has that document on file. If there is no evidence of abuse, you have no chance for VAWA. Should you just leave? Get a lawyer first.
A lot of issues. You must make an appointment with an experienced immigration attorney. If your marriage was in fact for real you should fight until the end.
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
Your chances for success depend on whether you entered into the marriage in good faith in the first place, and what evidence you have to that effect. This is definately a case where you will benefit by consulting with an experienced immigration attorney to review your documents and help you present your case to USCIS.
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