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  • I751

    Hi,

    I am looking for some advice from the forum. This is my situation:

    I married a USC in April 2005. Unfortunately my marriage broke down and I become legally separated (she filled for divorce) in Jan 2007. As this was outside of the ninety day window to apply to for the conditions of residency to be removed, I was forced to submit a I-751 hardship case. I was unable to submit a I-751 good faith as I wasn't going to be divorce until May 2007. My ex-wife knew this as she wanted me removed from the country.

    After the divorce was finalized, I was able to submit the I751 good faith case. I have been waiting for the past year due to processing loads at NE and CA service centers. As a strange twist, the I-751 good faith (submitted in July 2007) looks like it will be reviewed before the hardship case.

    My question is: do I need to have both cases approved to have the conditions of residency removed. What happens if USCIS approves the good faith case but not the hardship. I don't believe I will have enough evidence to prove hardship but as I was stuck with not being able to submit the good faith case (until I was divorced), I was left with no other options.

    Any ideas

    ATX

  • #2
    Hi,

    I am looking for some advice from the forum. This is my situation:

    I married a USC in April 2005. Unfortunately my marriage broke down and I become legally separated (she filled for divorce) in Jan 2007. As this was outside of the ninety day window to apply to for the conditions of residency to be removed, I was forced to submit a I-751 hardship case. I was unable to submit a I-751 good faith as I wasn't going to be divorce until May 2007. My ex-wife knew this as she wanted me removed from the country.

    After the divorce was finalized, I was able to submit the I751 good faith case. I have been waiting for the past year due to processing loads at NE and CA service centers. As a strange twist, the I-751 good faith (submitted in July 2007) looks like it will be reviewed before the hardship case.

    My question is: do I need to have both cases approved to have the conditions of residency removed. What happens if USCIS approves the good faith case but not the hardship. I don't believe I will have enough evidence to prove hardship but as I was stuck with not being able to submit the good faith case (until I was divorced), I was left with no other options.

    Any ideas

    ATX

    Comment


    • #3
      Oh for God's sake
      These people stop at Nothing !

      Death to IMBRA AND VAWA !

      God Bless America and no one else !!!

      Comment


      • #4
        Hello ATX

        Who told you to file a hardship case. Did you have evidence supporting that there was a hardship?

        Did you consult an attorney?

        Do you know you cannot have two cases in process for the same adjudication? One will have to be withdrawn.

        I suspect the hardship will be denied anyway unless you have compelling evidence supporting it.

        sound like you tried to work around a few things instead of following procedures becuase of the final divorce decree. If your hardship was genuine, why did you follow up with the good faith marriage?

        Comment


        • #5
          Hi ATX,

          Yes sure, glad to help. Call 1-800-375-5283. Get some peanuts or popcorn handy when you placed the call though. Or make yourself ready to multi-task like doing embroidery, babysitting, or whatnot. There's always a little wait of from 45 minutes to three hours. Good luck!

          There's a lot of same-pattern cases lately. Forget it. Maybe it's just me.

          Comment


          • #6
            not if he do the phone trick . it will take 2 min to speak with an officer and like 4now said i dont understand either what hardship case did he filed? the hardship ATX if u got married again and will be for your new wife and this is in the i-751 form anyway. u can file your good faith waiver plus the hardship for your new wife and its all in the same form. i dont really understand what u meant by hardship case?

            Comment


            • #7
              Actually, I don't think the OP has taken a wrong step. He was statutorily unable to file a waiver under the "good faith" exception, because he was not yet divorced. Some do file something, if they suspect that a divorce will take too long. However, I do believe that once he had a divorce decree to submit, he should have annotating his record, by suggesting in letter form, that his prior filing could not include the "good faith" ground.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
                Actually, I don't think the OP has taken a wrong step. He was statutorily unable to file a waiver under the "good faith" exception, because he was not yet divorced. Some do file something, if they suspect that a divorce will take too long. However, I do believe that once he had a divorce decree to submit, he should have annotating his record, by suggesting in letter form, that his prior filing could not include the "good faith" ground. </div></BLOCKQUOTE>

                Isn't it really irrelevant what type of Waiver he has filed because the vast majority of them are rejected by the USCIS? ........or does the USCIS approve a lot more of these waivers? If not the best advice for this bloke is to either leave the US or get on the dating websites.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Paddy:
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
                  Actually, I don't think the OP has taken a wrong step. He was statutorily unable to file a waiver under the "good faith" exception, because he was not yet divorced. Some do file something, if they suspect that a divorce will take too long. However, I do believe that once he had a divorce decree to submit, he should have annotating his record, by suggesting in letter form, that his prior filing could not include the "good faith" ground. </div></BLOCKQUOTE>

                  Isn't it really irrelevant what type of Waiver he has filed because the vast majority of them are rejected by the USCIS? ........or does the USCIS approve a lot more of these waivers? If not the best advice for this bloke is to either leave the US or get on the dating websites. </div></BLOCKQUOTE>


                  Swiss


                  I certainly agree that poster if anything should have wrote the letter to update his petition filed for hardship. I am not saying that he was wrong for filing the hardship waiver, I implied in my post that he was wrong for the reason that he filed hardship waiver. he was playing the system to maintain his status by evidence of the receipt extension letter because of not having a final decree. Clearly there should be change in the immigration policies for situations like this... but this poster did not accept the situation and decided to "spin the bottle" per say. Now he has two petitions and needs to withdraw the hardship one.


                  Paddy

                  The waiver applications should be made whether they are approved or not. At least the alien will get an extension letter which buys some time to fix their situation. If the length of marriage is good and the evidences, there is a good chance of approval these days. If there is short term marriage and little evidences then there is certainly less of a chance for approval. The odds get even worse if there is a letter indicating fraud by a spouse on a short term marriage with little evidences.

                  Comment


                  • #10
                    Hi,

                    I'd like to thank everyone for their responses so far. Questions:

                    4now: Did you consult an attorney?
                    Yes, it was attorneys idea to submit the I-751 hardship case. According to my attorney, there is no issue with having two I-751 cases in front of INS at the same time. Again, according to my attorney.

                    Rough Neighbor; I've tried calling USCIS, and ended up in a endless loop, back and forth between many different voice menus. When prompted to enter my case number, the "system" could not find the case number entered and I was disconnected

                    Swissnut: Agreed, the following link clearly outlines when someone can not apply for I-751 Good faith during divorce proceedings.

                    http://www.immigrationlinks.com/news...1%20Waiver.pdf

                    Both I-751 have been accepted by USCIS (Good faith 7/29/2007 processed in CA and Hardship 3/24/2007 process in NE). According to the USCIS processing website, the CA service center is processing I-751 cases received 8/29. I am expecting a letter from INS any day now.

                    I have also been told (by my attorney) I can not removed my I-751 case from being review. I wish at this point I could, I don't really want to talk to INS about my hardship case, just good faith of a real marriage. As far as I am aware, no letter has been lodged by my ex-wife to INS. As far as evidence, I have receipt of joint credit cards, hundreds of photos, a 200+ person wedding and people that will confirm that this was a real marriage. Now, I understand that INS can still disagree, there's not much I can do about that though.

                    Email received from my lawyer:

                    From: ATX
                    Sent: Friday, February 29, 2008 6:40 AM
                    To: attorney
                    Subject: RE: ATX Case I751 Hardship and Good faith
                    So, just to clarify, do I need one or both cases approved before I can have the conditions of my existing Green Card removed?. I ask because of the I-751 hardship case. If the USCIS approve the Good faith case but not the hardship, will I still receive my 10 year extension?

                    Thanks in advance

                    Replied: Yes

                    Comment


                    • #11
                      what do u mean the good faith but not the hardship? if u mean the i-751 waiver then the answer is yes. u will recieve the 10 years green card

                      Comment


                      • #12
                        All waivers of the joint-filing requirement require that the alien demonstrate that the marriage was bona fide (as far as I am aware, there is only one basis for securing permanent residency in the USA that does not require establishing that a marriage was entered into with bona fide intent, and that certainly is neither involved nor relevant in your case). So, if you can establish to USCIS' satisfaction that the marriage through which you were initially conferred residency status was legitimate, that should override any and all other bases upon which you have a legal right to request that you waive the joint-filing requirement. Once again, if you are unsure, these are questions to pose to an immigration specialist.

                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ATX:
                        Hi,

                        I'd like to thank everyone for their responses so far. Questions:

                        4now: Did you consult an attorney?
                        Yes, it was attorneys idea to submit the I-751 hardship case. According to my attorney, there is no issue with having two I-751 cases in front of INS at the same time. Again, according to my attorney.

                        Rough Neighbor; I've tried calling USCIS, and ended up in a endless loop, back and forth between many different voice menus. When prompted to enter my case number, the "system" could not find the case number entered and I was disconnected

                        Swissnut: Agreed, the following link clearly outlines when someone can not apply for I-751 Good faith during divorce proceedings.

                        http://www.immigrationlinks.com/news...1%20Waiver.pdf

                        Both I-751 have been accepted by USCIS (Good faith 7/29/2007 processed in CA and Hardship 3/24/2007 process in NE). According to the USCIS processing website, the CA service center is processing I-751 cases received 8/29. I am expecting a letter from INS any day now.

                        I have also been told (by my attorney) I can not removed my I-751 case from being review. I wish at this point I could, I don't really want to talk to INS about my hardship case, just good faith of a real marriage. As far as I am aware, no letter has been lodged by my ex-wife to INS. As far as evidence, I have receipt of joint credit cards, hundreds of photos, a 200+ person wedding and people that will confirm that this was a real marriage. Now, I understand that INS can still disagree, there's not much I can do about that though.

                        Email received from my lawyer:

                        From: ATX
                        Sent: Friday, February 29, 2008 6:40 AM
                        To: attorney
                        Subject: RE: ATX Case I751 Hardship and Good faith
                        So, just to clarify, do I need one or both cases approved before I can have the conditions of my existing Green Card removed?. I ask because of the I-751 hardship case. If the USCIS approve the Good faith case but not the hardship, will I still receive my 10 year extension?

                        Thanks in advance

                        Replied: Yes </div></BLOCKQUOTE>

                        Comment


                        • #13
                          This citation might help to see that two waivers may be presented for one application.

                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> While the applicant is required to state all grounds on the one application (with the exception of the spousal/parental abuse waiver), the failure to do so at the time of filing may be cured by amending the form at the time of interview, if the interviewing officer determines that a different waiver ground is more applicable. Likewise, if after the application has been denied it is determined that the alien would have had a better claim based on a ground other than the one(s) claimed, the applicant may fi le a motion to reopen the proceedings and amend the application. The Service would then have to decide whether there is sufficient justification for reopening the proceeding and (if so) render a new decision on the merits of the reopened case.
                          </div></BLOCKQUOTE>

                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                          Hello ATX

                          Who told you to file a hardship case. Did you have evidence supporting that there was a hardship?

                          Did you consult an attorney?

                          Do you know you cannot have two cases in process for the same adjudication? One will have to be withdrawn.

                          I suspect the hardship will be denied anyway unless you have compelling evidence supporting it.

                          sound like you tried to work around a few things instead of following procedures becuase of the final divorce decree. If your hardship was genuine, why did you follow up with the good faith marriage? </div></BLOCKQUOTE>

                          Comment



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