Frequently Asked Questions
How do I show I was subject to battery or extreme cruelty?
An applicant must prove that she has been subject to battery or extreme cruelty. The following may be useful in demonstrating the abuse suffered:
-Copy of reports or official records documenting the abuse or the effects of the abuse on the battered immigrant or her child issued by school officials and representatives of social service agencies; -Medical records documenting the frequency and extent of any injuries; -Police records of calls or complaints; -Court records documenting arrests, convictions, or the issuance of protection orders; -Affidavits from police, judges, medical personnel, school officials, battered woman’s advocates or shelter workers, mental health professionals treating the victim or her children, social service agency personnel, and witnesses to the domestic violence incidents documenting the emotional abuse or injuries that resulted from the abuse; -Affidavit from the applicant; -An original evaluation by a professional such as a licensed social worker, psychologist, or psychiatrist to show extreme mental cruelty; -Copy of divorce decree if marriage was terminated by divorce on grounds of physical abuse or mental cruelty; -Copy of the custody order if the decision to grant custody was based on a finding of domestic violence.
How do I show my marriage was entered in good faith?
USCIS will consider evidence relating to the couple’s commitment to the marriage and assess whether it was a marriage made in good faith. The intent of the parties at the time they were married will be examined. The following documents may be useful in proving that a good-faith marriage existed:
-Birth certificates of children born into the marriage; -Lease or mortgage contracts, affidavits of landlords and neighbors, documents showing joint occupancy; -Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installment or other loans; -Affidavits by people who have known both spouses since the conditional residence was granted, attesting to their personal knowledge of the marital relationship, in addition to the personal knowledge of their courtship or dating; -Photographs form the wedding, family vacations, special events, holiday celebrations.
I did not apply for the waiver by the deadline. Can I still apply?
Yes, as long as the conditional resident was not at fault for the failure to timely file to remove the condition.
I was ordered deported. Can I still apply for the waiver to remove my condition?
Yes. The battered spouse waiver is still available for those who have been ordered removed and deported from the United States if the applicant can prove that she was subject to battering or extreme cruelty.
Must I be divorced from my abusive spouse to be eligible for the waiver?
No. An applicant is not required to be separated or divorced from the abusive spouse. The applicant can still be married and living with the abusive spouse.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
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