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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 107207
Experience:  7+ years of experience handling various legal matters.
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I filed I751 six months ago after i filed i was separated

Customer Question

I filed I751 six months ago after i filed i was separated with my wife.Now i received a mail from uscis asking for more evidence can i file for vawa.
Submitted: 9 months ago.
Category: Legal
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Do you have proof of domestic violence? What proof?

Customer: replied 9 months ago.
i have prove of financial abuse.
Customer: replied 9 months ago.
i love my wife so much but she always want to use our joint account for spending habits.
Customer: replied 9 months ago.
is it possible to file vawa after filing joint I751 petition what other can i use.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

It's either extreme emotional abuse backed up my medical reports, or domestic violence backed up with police, medical and/or witness reports. Do you have evidence for either?

Customer: replied 9 months ago.
i have evidence of financial manipulation from our joint account.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Again, that certainly isn't domestic violence and it doesn't seem like extreme emotional abuse. Do you have psychologist or psychiatric reports to support extreme emotional abuse?

Customer: replied 9 months ago.
can extreme financial manipulation be an abuse
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

That's what I am trying to tell you, that's not going to work. So if things aren't going to work out between you two, then you may want to think about filing for divorce and changing your I-751 to an I-751 waiver.

Here is some information on that:

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:"

Here is a list of things that I like to give my clients and I know that you may not have all of these things, but the more you have, the better it is.

A letter where you describe, in a very detailed fashion, the circumstances in which you met your spouse, the reasons you married, and the feelings and emotions that you had or still have towards your spouse, and why.
If you have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together.
Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names).
An identification card that shows that shows a common address.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents that prove your relationship.

You will need to submit evidence similar to the evidence that you submitted at your marriage interview. You must prove that even though you divorced, your marriage was not entered into solely for the purpose of obtaining an immigration benefit.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 9 months ago.
what are the options after uscis asking for more prove in my case
Customer: replied 9 months ago.
i need more advice
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Are you going to fix things? Have they asked for more evidence already?

Customer: replied 9 months ago.
i already received the mail and i really need more advice on what to do.
Customer: replied 9 months ago.
what are my options
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Did you receive a request for more evidence? When? And you are going to fix things with your spouse?

Customer: replied 9 months ago.
we are separated and living in different county and how can we fixed it
Customer: replied 9 months ago.
i have 60 days to send my prove of evidences
Customer: replied 9 months ago.
we are not living in the same address and don't have insurance policy together.how can we fix it.
Customer: replied 9 months ago.
i receive the letter 2 days ago
Customer: replied 9 months ago.
can this separating cost me a lot
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

I don't know how you can fix it. I am not a psychologist or marriage counselor. If you cannot fix the marriage, then you have to respond to the RFE with the things that I listed before. As I said, I know you may not have many of those things, but send in what you can. You also need to file for divorce and send them a copy of the divorce filing and ask that they change the I-751 to an I-751 waiver. Follow my first answer and you should be ok if you can provide evidence that the marriage was real but just fell apart.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Thank you for your kindness and respect. Good luck to you.

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