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Conditional GC+Divorce

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  • Conditional GC+Divorce

    FIRST posted in DISCUSSION:

  • #2
    FIRST posted in DISCUSSION:


    • #3
      I read that you filed the I-751 based on the HARDSHIP waiver, which is very HARD to get approved. I believe your lawyer told you to do this to prevent you from getting into removal proceedings since your divorce was not final at the time of filing and your husband was not going to cooperate to send a Joint I-751. This was very good strategy because once you get your divorce final you could submit a new I-751 adding the 'marriage entered in good faith but ended through divorce' waiver.

      Just out of curiosity, which documentation did you send along with your I-751 to support your harship claim?


      • #4
        Which one is your Service Center?


        • #5
          Hello Deepbob

          Thank you for condensing your facts to one thread. Now one can see the big picture. As I missed the part that you filed a hardship waiver in your original post.

          You are in good hands with the lawyer that you have .. so do not complain, as you only have that NOA based on good thinking and on a savvy move by him/her.

          Keep us posted on your case.


          • #6

            I asked you which one is the Service Center just to know if there was a possibility that they might adjudicate your currently pending I-751 before you submit the new one with the divorce decree.

            Just so you know, I am going through a similar situation..., I am waiting for an adjudication of waiver-based I-751 that was filed after a divorce was final, and that replaced a previously filed Joint my case I applied for good faith marriage + extreme mental cruelty. My email address is:

            Take care,



            • #7
              I am a USC. Formerly an LPR who Naturalised in 1999.


              • #8

                If it was not clear in my previous post, I am a conditional resident that has been waiting for a decision on I-751 for already 19 months and counting...

                Pasha is also a conditional resident who submitted his I-751 a few months ago..


                • #9
                  You cannot go to the interview and just tell the officer that you were subjected all of that mental cruelty. You need to have documents, and that's what the officer will look at. Have you visited a therapist or a psychologist? I went through a similar situation the only difference is I'm not divorced yet and still waiting for my I-751 to be adjudicated.

                  Good luck


                  • #10
                    Dear Deepbobs, here is the link where you can read all my posts and responses:

                    I was emailing Aguila, and he provided me with very valuable information, and answered a lot of questions that I coudn't find answers for. John Doe, Swissnut, Pasha were also great.

                    The difference between us is I filed the I-751 jointly, but I'm worried about an interview to be scheduled and my wife refuses to attend.

                    Regarding the Mental Cruelty waiver, from what I read, you can file it if you have documents to support your claim, the INS understands the psychological situation of the spouse after the divorce, but that doesn't mean the spouse was subjected to mental cruelty!

                    My case is a little bit different as I took a decision that I'm not going to get my wife in trouble under all circumstances, knowing that she is not going to be questioned or testified by the INS, I still don't want to use her sickness as a bridge to get my residency, even if I have documents to support my claim. The fact is I'm pretty sure that she will not attend if an interview is scheduled, but I'm just hoping to get the approval without interview.

                    Good luck, and let me know if you have any question.
                    My email address is:

                    Good luck


                    • #11
                      Hi deepbobs,

                      Looks like you are very much interested in knowing about I -751... well after reading your story ...its shame and I do feel for you that you had to go through hardship with your in-laws and husband .... I guess your lawyer filed hardship waiver coz there was no other way at that time if ur husband refused to sign the I 751 ... but I would like to tell you that hardship waivers are almost next to impossible to prevail on ... for hardship waivers you have to show strong ties here that you or your relative would face hardship if they are subject to removal from this country ...which is very difficult to prove in short period stay in united states like 2-3 years ...

                      Other thing as you told you can tell them about abuse at interview that wont do any good ... you have to show them evidences .... There are certain things how to do that....and Aguila has given very good info on that in past...I m not typing all that stuff coz it will take lot of time but I m sure u will find that out once u read I 751 related links on this board...I don't know where you stand in your divorce proceedings ... but you should start collecting other evidences that will show bona fide intent of this marriage .... We all had been very active on I – 751 discussion in past but I guess everyone is busy nowadays with something and this topic is old now to lot of people... I guess u already read my link where I provided almost every I 751 discussion threads on ilw...that will really help you understand all ifs and buts... and I have edited those links as I have a day off. I hope that helps people like you and me out there... you can find everyone's story over there...Wish u all the best.... Pasha



                      • #12
                        Hi deepbobs...

                        I am sorry but I don't know much about divorce laws ... but hopefully your lawyer will take care of your case...good luck.... All I want to tell you is you should get this divorce as soon as possible as there is no other way for you to get through this black hole called I – 751.... But make sure ur husband doesn't put any point in divorce decree that might hurt you or your character at all.... Otherwise belongings are nothing... once u get approved on I 751 ... u will be able to buy those cloths and stuff just like that forever...

                        Well I m in Georgia and I filled my I 751 jointly at Texas Service Center on 31st march I guess... so now I have been waiting for 4 months and 8 days.... Good luck to you... Pasha


                        • #13

                          What state is your husband in? If he is in your current state, then there is no earthly reason why he should not be asked to return your personal possessions. This state is an "equitable distribution" state, you are entitled to your personal belongings, he is entitled to his, and you would both be asked to split those items acquired during the marriage, including splitting equally any appreciation on assets during the marriage.


                          • #14
                            Hi Swiss ...

                            How have ya been? What happened to ur ex-husband's I 751 ? any news? Write me an e mail... its really nice to see you on this board... u have been helping lot of people which is really great...keep up the good work...Pasha


                            • #15
                              Hi Pasha:

                              Yes, hopefully someone else can benefit from all that I learned. Glad to put it to use! What ex-husband? Who? Oh, that guy! Yes, well I haven't a clue nor a concern about my ex-husband's immigration status. I have long been out of the loop as far as that or anything else relating to him is concerned. But I'll dash you an email and give you the two-minute version of how it all came down, soon.


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