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Seeking for advise on filing I-751 based on extreme cruetly and hardship..

#1 Sunshine2009

Sunshine2009

    Junior Member

  • PipPip


Posted 04 September 2009 - 05:25 AM

Hello everyone!

How are you doing? My name is Sunshine from Kuwait. I'm seeking for advice about filing a waiver. I am hoping that you might can give me an instruction on my next step of completing my residency. More details below;

This month would be my schedule to file I-751 but my husband walked away and not willing to provide any kind of documents to file jointly. We are both serving in US Army Contructor outside United States.Since, my husband is not cooperating of anything I was thinking to file a waiver base on extreme cruetly and hardship. My question, what documents do I need to submit? The documents that on my hand are company benefits with his name on beneficiary, LOA, two people affidavits and my company contract. Do you thing these documents are enough? and what is the best explanation to write for the extreme cruetly and hardship? Thanks in advance.


Sunshine 2009

Kuwait
  • 0
Sunshine
Kuwait

#2 mozplay

mozplay

    Remember, this is just my two cents - investigate for yourself.



Posted 04 September 2009 - 08:24 AM

His not cooperating does not qualify as extreme cruelty, hardship or abuse. You should post on the "Major
Effects" forum .. you should get more advice on filing alone there.
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timeline.gif

Full timeline can be seen in my profile
 
PAST - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 -  Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009 
CITIZENSHIP: Nov 27, 2012 -  May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.
 
PRESENT - IR-5 Story (reuniting a family)
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25 - got emails saying that the cases had been transferred to another office for processing

Feb 26 - got emails saying that the cases have been transferred to my local office for processing

Feb 28 - got emails saying that the cases have been transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved smile.png
 
 

 
 
Visit my website Dancing Light Stained Glass Studio to view my work. 


#3 mozplay

mozplay

    Remember, this is just my two cents - investigate for yourself.



Posted 04 September 2009 - 08:51 AM

I just wanted to add, that I know that some people file under 'extreme cruelty and hardship' on the advice of lawyers just to have something in the works so that you are not out of status, until divorces are finalized and then you can file with a waiver as divorced. This may be what you are talking about.

Edited by mozplay, 04 September 2009 - 08:52 AM.

  • 0

timeline.gif

Full timeline can be seen in my profile
 
PAST - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 -  Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009 
CITIZENSHIP: Nov 27, 2012 -  May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.
 
PRESENT - IR-5 Story (reuniting a family)
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25 - got emails saying that the cases had been transferred to another office for processing

Feb 26 - got emails saying that the cases have been transferred to my local office for processing

Feb 28 - got emails saying that the cases have been transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved smile.png
 
 

 
 
Visit my website Dancing Light Stained Glass Studio to view my work. 


#4 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 04 September 2009 - 10:03 AM

QUOTE (Sunshine2009 @ Sep 4 2009, 03:25 AM) <{POST_SNAPBACK}>
Hello everyone!

How are you doing? My name is Sunshine from Kuwait. I'm seeking for advice about filing a waiver. I am hoping that you might can give me an instruction on my next step of completing my residency. More details below;

This month would be my schedule to file I-751 but my husband walked away and not willing to provide any kind of documents to file jointly. We are both serving in US Army Contructor outside United States.Since, my husband is not cooperating of anything I was thinking to file a waiver base on extreme cruetly and hardship. My question, what documents do I need to submit? The documents that on my hand are company benefits with his name on beneficiary, LOA, two people affidavits and my company contract. Do you thing these documents are enough? and what is the best explanation to write for the extreme cruetly and hardship? Thanks in advance.


Sunshine 2009

Kuwait


The documents you have are not enough.

A waiver based on extreme cruelty requires evidence of marriage in good faith, and evidence of abuse. Having him as a beneficiary on your company benefits is one piece of evidence of marriage in good faith, as are the affidavits. The LOA and company contract aren't likely to be of any use. Evidence of abuse is things like police reports, physician reports documenting injuries, reports from counselors/psychologists/psychiatrists documenting mental abuse, etc.

A waiver based on hardship requires evidence of extreme hardship far beyond what a typical immigrant would suffer if they were deported, and which is based on circumstances that occurred AFTER you became a legal resident. An example would be if you acquired a severe illness that could not be treated in your home country, or if war broke out in your home country. Financial hardship is almost never sufficient for this waiver. I'd also add that hardship waivers are rarely granted.

If you can get a divorce then you can filed based on good faith marriage alone, but you still need more documentation for this. Proof of having lived together, joint bank accounts, joint assets and debts, etc. You also can't file based on divorce until you have the final divorce decree. Since you are working outside the US you have a valid justification for a late filing waiver.
  • 0

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12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#5 Sunshine2009

Sunshine2009

    Junior Member

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Posted 04 September 2009 - 10:40 AM

Thanks for your opinion, appreciated. If I cannot file a waiver and jointly and whatelse I can do? If I want to see a lawyer where to contact with? Any advice..
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Sunshine
Kuwait

#6 Chica Yey

Chica Yey

    Supreme Member


  • Group: Closed
  • Joined: 05 Nov 2006

Posted 04 September 2009 - 11:47 AM

QUOTE (Sunshine2009 @ Sep 4 2009, 07:40 AM) <{POST_SNAPBACK}>
Thanks for your opinion, appreciated. If I cannot file a waiver and jointly and whatelse I can do? If I want to see a lawyer where to contact with? Any advice..


Nothing. Those are the only 2 options provided by the law. You either get divorced and file the waiver; or file jointly. Any self-respecting attorney would tell you pretty much the same. Sorry we don't have better news for you.
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#7 Sunshine2009

Sunshine2009

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Posted 04 September 2009 - 12:28 PM

I just got email with my ex along with the divorce decree. He filed divorce in texas last month and was approved 18th of Aug 2009. I am extremely happy that he still willing to help me. Since, I have my divorce decree what next step? what else documents do I need to submit other than divorce decree? Thanks!
  • 0
Sunshine
Kuwait

#8 Chica Yey

Chica Yey

    Supreme Member


  • Group: Closed
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Posted 04 September 2009 - 12:29 PM

It wouldn't be a bad idea for you to read the instructions in the I-751 and the guides.

Also, I do not know how it goes since you do not reside in the US. you might want to consult an experienced immigration attorney, since your case is quite peculiar.
  • 0

#9 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 04 September 2009 - 01:15 PM

QUOTE (Sunshine2009 @ Sep 4 2009, 10:28 AM) <{POST_SNAPBACK}>
I just got email with my ex along with the divorce decree. He filed divorce in texas last month and was approved 18th of Aug 2009. I am extremely happy that he still willing to help me. Since, I have my divorce decree what next step? what else documents do I need to submit other than divorce decree? Thanks!


You may have to return to the US before your green card expires to file the I-751. The only exceptions I know of for filing outside the country are if you are on US military or government orders. If you are working for a company on a US government contract then that may be sufficient. Otherwise, if you file from abroad you will not be able to make it to your biometrics appointment, and your I-751 will be considered abandoned. Check with the US embassy or consulate. You may be able to submit photos and fingerprints there, and not have to return for biometrics.
  • 0

12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#10 jairoshott

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Posted 18 October 2009 - 08:07 PM

example how file i-751 marriage in good faith thanks

QUOTE (JimVaPhuong @ Sep 4 2009, 11:03 AM) <{POST_SNAPBACK}>
QUOTE (Sunshine2009 @ Sep 4 2009, 03:25 AM) <{POST_SNAPBACK}>
Hello everyone!

How are you doing? My name is Sunshine from Kuwait. I'm seeking for advice about filing a waiver. I am hoping that you might can give me an instruction on my next step of completing my residency. More details below;

This month would be my schedule to file I-751 but my husband walked away and not willing to provide any kind of documents to file jointly. We are both serving in US Army Contructor outside United States.Since, my husband is not cooperating of anything I was thinking to file a waiver base on extreme cruetly and hardship. My question, what documents do I need to submit? The documents that on my hand are company benefits with his name on beneficiary, LOA, two people affidavits and my company contract. Do you thing these documents are enough? and what is the best explanation to write for the extreme cruetly and hardship? Thanks in advance.


Sunshine 2009

Kuwait


The documents you have are not enough.

A waiver based on extreme cruelty requires evidence of marriage in good faith, and evidence of abuse. Having him as a beneficiary on your company benefits is one piece of evidence of marriage in good faith, as are the affidavits. The LOA and company contract aren't likely to be of any use. Evidence of abuse is things like police reports, physician reports documenting injuries, reports from counselors/psychologists/psychiatrists documenting mental abuse, etc.

A waiver based on hardship requires evidence of extreme hardship far beyond what a typical immigrant would suffer if they were deported, and which is based on circumstances that occurred AFTER you became a legal resident. An example would be if you acquired a severe illness that could not be treated in your home country, or if war broke out in your home country. Financial hardship is almost never sufficient for this waiver. I'd also add that hardship waivers are rarely granted.

If you can get a divorce then you can filed based on good faith marriage alone, but you still need more documentation for this. Proof of having lived together, joint bank accounts, joint assets and debts, etc. You also can't file based on divorce until you have the final divorce decree. Since you are working outside the US you have a valid justification for a late filing waiver.

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