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  • Questions about waiver in I-75

    Hello,

    Hi to everybody here. I have some questions about the waiver provisions in I-75 and I would appreciate your comments.

    1) If a husband and wife are not getting along well, must the divorce be final before the wife (the one with the conditional permanent residency) can file to remove those conditions waiving the joint filing requirement? The wife came to the US via a fiancee visa and they got married within the 90-day period.

    2) Since the filing to remove the conditions must be done within 2 years from the date the green card was issued, is it still possible for the wife to waive the joint filing requirement on the ground that the divorce is pending?

    3) What is your opinion on this provision of I-75, again concerning the waiver of the joint filing requirement, viz:
    "If you are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in 'extreme hardship.'"

    4) Just in case the wife decided to waive the joint filing requirement, and for one reason or another, the USCIS disapproves her petition, can she still appeal such decision? Or she should immediately go back to her country of origin?

    Thank you.
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

  • #2
    Hello,

    Hi to everybody here. I have some questions about the waiver provisions in I-75 and I would appreciate your comments.

    1) If a husband and wife are not getting along well, must the divorce be final before the wife (the one with the conditional permanent residency) can file to remove those conditions waiving the joint filing requirement? The wife came to the US via a fiancee visa and they got married within the 90-day period.

    2) Since the filing to remove the conditions must be done within 2 years from the date the green card was issued, is it still possible for the wife to waive the joint filing requirement on the ground that the divorce is pending?

    3) What is your opinion on this provision of I-75, again concerning the waiver of the joint filing requirement, viz:
    "If you are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in 'extreme hardship.'"

    4) Just in case the wife decided to waive the joint filing requirement, and for one reason or another, the USCIS disapproves her petition, can she still appeal such decision? Or she should immediately go back to her country of origin?

    Thank you.
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

    Comment


    • #3
      Hi Mrs. B


      the form is I-751 not i-75

      How long has the marriage lasted?

      The divorce must be final before being able to file a waiver i-751. The final decree must accompany the petition. The waiver will be under good faith marriage that ended in divorce.

      extreme hardship would be too difficult to prove. what would the hardship be?

      Waivers have a low approval rate based on evidences and time spent married.

      If waiver does not receive approval, alien will get termination letter and will receive a court date before an Immi judge. the evidence will be reviewed along with the decision of the uscis service.
      Immi judge can overrule and approve petiton or can go along with the service and deny. Voluntary departure will be offered.


      The person on the fiance visa does not have the ooption of marrying someone else here. She must return to her homeland becuase she came in on a fiance visa.

      Comment


      • #4
        Hi Mr. 4 Now,

        I appreciate your comments, and thanks for that correction. They have been married last December 2006.

        We're in the process of discussing her options and we're both hoping that she can still stay here despite the great possibility that their marriage won't work.

        I'm not sure what would constitute "hardship." Her situation before she got married was that she was in a stable job and working hard. But since she married him, she's not working, and can't send enough money to her family (she's from the Philippines and it's just a part of the culture for family members to help in the finances, especially since she's the primary breadwinner) and she's not comfortable asking money from him. He hasn't even allowed her to drive which is a necessity for her since they live in the suburbs. We're thinking that "hardship" would include her starting all over were she to go back to the Philippines and not have a job. (Jobs are hard to find even though she has a college degree.)

        By the way, we also checked the divorce law in her state (SC) - it says that there should be a one-year separation for the "no-fault divorce." Would she have better chances of getting the conditions on her permanent residency removed even without her husband filing if she gets a lawyer? Would you have an idea of how much an attorney's fees would be if they undergo that "no-fault" divorce?

        Thanks again!
        Do all the good you can, in all the ways you can, as long as ever you can.

        --John Wesley

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
          Waivers have a low approval rate based on evidences and time spent married.

          </div></BLOCKQUOTE>

          hI 4NOW:

          Could you please elaborate on the "low approval" part - either the circumstances or probabilities

          Comment


          • #6
            I-75 is an Interstate LOL

            'extreme hardship.' won't fly that easily.So U might as well forget the argument.
            Because the counter argument is always "hardhip,to go back home where U came from is doubtful to a hardship,concidering you came only to get married to your spouse"

            So, stay with the basic...u guys got divorce etc and U built your life here...considering it was the U.S spouse filed for the divorce.
            And not for believing it was fraud etc...

            Fact of the matter is though.

            You,the one filing the waiver, has to proof,U married in good faith and only came here because of love.
            Now all u have to do is proof all that..with anything and everyhting...

            U can have hardship all you won;t,no one cares.
            All that matters is,if u came here and got married for the real reason. Love and Good faith only,if those were the reasons,proof it.
            I mean INS needs proof,you have to satisfied them with your evidence.Thats your marriage was very real and very meaningful.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:

              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
              Waivers have a low approval rate based on evidences and time spent married.

              </div></BLOCKQUOTE>

              hI 4NOW:

              Could you please elaborate on the "low approval" part - either the circumstances or probabilities </div></BLOCKQUOTE>

              i year marriages fall under
              Less than 2 years category. no children & weak evidences

              60%-65% denied


              Mrs B:

              <span class="ev_code_RED">I'm not sure what would constitute "hardship." </span>Her situation before she got married was that she was in a stable job and working hard. But since she married him, she's not working, and can't send enough money to her family (she's from the Philippines and it's just a part of the culture for family members to help in the finances, especially since she's the primary breadwinner) and she's not comfortable asking money from him. He hasn't even allowed her to drive which is a necessity for her since they live in the suburbs. We're thinking that "hardship" would include her starting all over were she to go back to the Philippines and not have a job. (Jobs are hard to find even though she has a college degree.)

              <span class="ev_code_BLUE">NONE OF WHAT YOU HAVE MENTIONED ABOVE</span> Forget about hardship. She does not have one.

              Only hardship would be for a usc child of theirs or maybe a usc parent.Please understand the reasoning behind the applications. Applications are made for the well being of the USC spouse. Since the marriage did not work out, there is really no point in her being here.

              What kind of evidences do they have. Are there joint bank accounts, deed or lease in both names? Joint tax return files? Health insureance or life insurance benificiary? Without solid evidences and barely 1 year of marriage.. it will not likely be a strong case. Sometimes they look harder at filipino cases as there is a high number of marriage fraud cases.

              Every state is different for cost on lawyers and divorces. I would not know about SC.

              Only thing a lawyer could do is make a case for you probably on emotional abuse option on the waiver. You say he will not let her drive or work .. what kind of not getting along happens. Just general marriage stuff in the first year or abusive type stuff?

              Sounds to me like marriage counseling is in order on this one. 1 year and she is ready to bail.. hmmm Better she wait it out and get him to file the joint 751 before seperating.
              guarantees are much higher.

              Comment


              • #8
                Hello again,

                For HKBK,

                Yea, you're right - I'm here in GA and we do have that I-75! .

                For 4now,

                Yes, I'm suspecting that she won't really have chances of staying here legally until that marriage works out. And thanks to your very informative replies, that outcome is highly probable. What's not working out is the financial aspect of their relationship - she's being made to be (or allowing herself to be) a full-time housewife and can't help her family - she can't work because she doesn't even know how to drive. And her greatest grievance is that he doesn't introduce her as his wife to friends and family. When I asked her why - she said that he told her that he wants his circle of friends to have some time to see their relationship progress so that they won't think she is after his money. That is her situation for the 1 year and 3 months (including the 90-day period) of stay here.

                I understand what you said about Filipino cases (and how the USCIS is stricter with them), it's unfortunate that it's happening but this is at least one Fil-Am marriage that shows otherwise. She and I are discussing her options but based on what I've been reading here, it seems that she really just have to go back since she wants to follow the legal procedures.

                I will be printing this out and show it to her and thanks for the comments.

                Happy holidays too!
                Do all the good you can, in all the ways you can, as long as ever you can.

                --John Wesley

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:

                  [QUOTE]Originally posted by 4now:
                  Waivers have a low approval rate based on evidences and time spent married.

                  </div></BLOCKQUOTE>

                  hI 4NOW:

                  Could you please elaborate on the "low approval" part - either the circumstances or probabilities </div></BLOCKQUOTE>

                  i year marriages fall under
                  Less than 2 years category. no children & weak evidences

                  60%-65% denied

                  Wow! Thanks 4now for the precision; you would have done great in my stats classes where I was out of my orbit.
                  Let me add some more variables: 3 year (almost to the date) marriage. USC child of the marriage. Temporary conditional residency cancelled; CIS not informed about move. What does that do to the probabilities?

                  Comment


                  • #10
                    Mrs. B


                    i am very sorry to hear of the sad life she is living. This sounds like an arranged marriage. Please try to encourage her to hang in there for the 751 filing. on the left hand blue area is processing times. click and find the area where she lives and the service center. check processing times for 751. this will give you an idea how long it will take to process once it is received. Encourage her. A lot is at stake for her. She needs to make it to that point for him to file the 751 with evidences.

                    Sincerly best wishes

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:

                      [QUOTE]Originally posted by 4now:
                      Waivers have a low approval rate based on evidences and time spent married.

                      </div></BLOCKQUOTE>



                      klinus

                      Not always but almost always when there is a child born of the marriage. This is a good evidence. In my opinion ... she will most likely get her 10yrs card. She will file emotional abuse and good faith marriage for the waiver. A good lawyer will play that violin so hard even you will want to cry. Doesnt matter if it is true or not. the child is the big saving grace 4her in this waiver.


                      How do you know CIS has not been informed of her new address. read AR-11 very closely. They use this when they want to.. but i doubt if they would act on it in this case.


                      hI 4NOW:

                      Could you please elaborate on the "low approval" part - either the circumstances or probabilities </div></BLOCKQUOTE>

                      i year marriages fall under
                      Less than 2 years category. no children & weak evidences

                      60%-65% denied

                      Wow! Thanks 4now for the precision; you would have done great in my stats classes where I was out of my orbit.
                      Let me add some more variables: 3 year (almost to the date) marriage. USC child of the marriage. Temporary conditional residency cancelled; CIS not informed about move. What does that do to the probabilities? </div></BLOCKQUOTE>

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Mrs. B


                        i am very sorry to hear of the sad life she is living. This sounds like an arranged marriage. Please try to encourage her to hang in there for the 751 filing. on the left hand blue area is processing times. click and find the area where she lives and the service center. check processing times for 751. this will give you an idea how long it will take to process once it is received. Encourage her. A lot is at stake for her. She needs to make it to that point for him to file the 751 with evidences.

                        Sincerly best wishes </div></BLOCKQUOTE>

                        Hi 4Now:

                        Some of her friends in SC are telling her to just fake it (until she gets those conditions out of her conditional permanent residency). She can't bear the pain of living that way though and the highest probability is that she will just go back if it won't work. They did meet before she went here, and he got introduced to her family and relatives (they even had a party in honor of his arrival in the Phil.), but sadly, it's a different story now that she is here.

                        I was just thinking of her options of legally staying here. As was mentioned by HKBK, she did come here to be married and since it's not working out, there is no further reason for that green card that was granted.

                        I really appreciate the information you shared (and all the other comments by the others). At least, we know what the probable outcomes are.

                        Thanks and Merry Christmas to you and to all here!
                        Do all the good you can, in all the ways you can, as long as ever you can.

                        --John Wesley

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by klinus:

                          [QUOTE]Originally posted by 4now:
                          Waivers have a low approval rate based on evidences and time spent married.

                          </div></BLOCKQUOTE>



                          klinus

                          Not always but almost always when there is a child born of the marriage. This is a good evidence. In my opinion ... she will most likely get her 10yrs card. She will file emotional abuse and good faith marriage for the waiver. A good lawyer will play that violin so hard even you will want to cry. Doesnt matter if it is true or not. the child is the big saving grace 4her in this waiver.


                          How do you know CIS has not been informed of her new address. read AR-11 very closely. They use this when they want to.. but i doubt if they would act on it in this case.


                          hI 4NOW:

                          Could you please elaborate on the "low approval" part - either the circumstances or probabilities </div></BLOCKQUOTE>

                          i year marriages fall under
                          Less than 2 years category. no children & weak evidences

                          60%-65% denied

                          Wow! Thanks 4now for the precision; you would have done great in my stats classes where I was out of my orbit.
                          Let me add some more variables: 3 year (almost to the date) marriage. USC child of the marriage. Temporary conditional residency cancelled; CIS not informed about move. What does that do to the probabilities? </div></BLOCKQUOTE> </div></BLOCKQUOTE>
                          Reasons why I believe that she has not been informed of her new address:
                          1) all her mail continues to come here
                          2) she is still (close to 6 months) at a shelter, and I'm pretty sure that she is being moved between shelter, none of whom will allow their addresses to become public knowledge
                          3) if she had applied for a 10 year card and received prima faciae of such her family law attorney would be all over this. Further, to be brutally candid I don't believe that she has the funds for an immigration law attorney since the support from the Church has disappeared

                          The question is that at what stage would be able to come out of the shadows and let our autistic spectrum child receive the stability that will minimize the chances of his future being "would like fries with your order"?

                          Comment


                          • #14
                            Mrs. B


                            Well I understand. it is difficult to be fake. But if she is looking for other options. She should start looking for a college to attend here. She would return home and come back on a student visa F-1. She could remain here on legal status so long as she attended college. or if she has advanced degree already, start looking for an employer that may be interested in her and she could apply for a Hb-1 visa. There are options other than marriage to be here.

                            Take good care of her. I feel sorry 4him. he will be losing a good partner because of being selfish.

                            Comment


                            • #15
                              Klinus


                              you have hijacked this thread and you know that is a no no.

                              ) if she had applied for a 10 year card and received prima faciae of such her family law attorney would be all over this. Further, to be brutally candid I don't believe that she has the funds for an immigration law attorney since the support from the Church has disappeared

                              "The question is that at what stage would be able to come out of the shadows and let our autistic spectrum child receive the stability that will minimize the chances of his future being "would like fries with your order"?



                              She is not going to apply for the waiver until the divorce is final. We dont know if she applied for VAWA.

                              In anyway, there are Pro bono attorneys that will help her. Catholic social services usually offer immigration help.

                              Hopefully this young child can get the help that he deserves so that he can live comfortably with his disability.

                              In my opinion, she is not getting the best advices out there. YOu would not qualify because of your income, but she would qualify based on income for SSI for the little one based on his mental disability. this would insure a monthly income to help him and would allow her to place him in a special schooling for his disability. there are wonderful private schooling that would address his specific problems and considerably help him to function well in life.

                              I know you want the best for him. and we have been over this many many times. the boy needs both his mum and his dad. Please think about a little forgiveness here of the mom. get her out of the shadows and into decent living. this way you both can work out details to get him some help. Continue your quest to have control over him too in sharing the physical custody. But please think about and put it into prayer. You may be surprised how well it may work out with you both parenting as a group effort.


                              Im surprised at you Klinus. you did not do your homework on Ar-11 change of address. But she will have a valid excuse.

                              Take care

                              Comment



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