New York, NY asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York

Q: The abuse waiver is specifically for abuse taking place while living together, and before filing divorce, right?

Gathered screenshots of my conditional-2-year-green-card-recipient-wife cheating during entirety of our dating/marriage, and about to send to USCIS to show it's not bonafide, just got the final decree.

After we filed and I threw her out of my place, texted her harsh text messages, most of which were goading, cause I thought she blocked me. We've spoken since then, and I'm sure she will use them citing that they're damaging her. But will USCIS allow for that, since they were sent after we filed and she no longer lived with me?

She also stayed with me for 5 days then left again after I rose the rent on her, after concluding she would just see other guys again, which I forbade while she temporarily stayed with me to get herself back on her feet. After I discovered she was staying at a shelter while working still. I admittedly followed her home from work, hence how I found out. We haven't lived together officially, bills, etc, since 11/13/2022. Hence why I charged her rent that time.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or following your spouse could be considered abusive behavior, and any evidence of abuse could potentially be used against you in legal proceedings.

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