I-751 waiver Without divorce decree what are my options?

[Surviver 0]

I have a conditional GC based on marrieage entered in good faith.

My Husband and I were together for 4 years and we have been married for about 1.5 yrs.

We are living apart for a while and we dont talk anymore.

My conditional GC expires in october of this year and I have read a waiver can be filed after the divorce is final. But I will not have a divorce decree by the time I have to apply to remove conditions + waiver.

What are my options? I don't want to be deported or ilegal here.

[diadromous mermaid 36]

Well the only option is to file the waiver using the grounds that "removal from the country would pose an extreme hardship" upon the alien. Hasten to finalize your divorce, and replace that self-petition with another waiver citing "good faith marriage" when a divorce decree becomes available. Chances are the "hardship" waiver would be denied, but if you can relace it with a waiver for which you have substantial evidences (as in the good faith marriage) then you would be able to successfully remove conditions prior to being denied and placed in removal status.

I have a conditional GC based on marrieage entered in good faith.

My Husband and I were together for 4 years and we have been married for about 1.5 yrs.

We are living apart for a while and we dont talk anymore.

My conditional GC expires in october of this year and I have read a waiver can be filed after the divorce is final. But I will not have a divorce decree by the time I have to apply to remove conditions + waiver.

What are my options? I don't want to be deported or ilegal here.

[Surviver 0]

Well the only option is to file the waiver using the grounds that "removal from the country would pose an extreme hardship" upon the alien. Hasten to finalize your divorce, and replace that self-petition with another waiver citing "good faith marriage" when a divorce decree becomes available. Chances are the "hardship" waiver would be denied, but if you can relace it with a waiver for which you have substantial evidences (as in the good faith marriage) then you would be able to successfully remove conditions prior to being denied and placed in removal status.

I have a conditional GC based on marrieage entered in good faith.

My Husband and I were together for 4 years and we have been married for about 1.5 yrs.

We are living apart for a while and we dont talk anymore.

My conditional GC expires in october of this year and I have read a waiver can be filed after the divorce is final. But I will not have a divorce decree by the time I have to apply to remove conditions + waiver.

What are my options? I don't want to be deported or ilegal here.

I have plenty of proofs of Good Faith Marriage It was a 4 year relationship but How can I proof Extreme hardship???

[diadromous mermaid 36]

That's the rub, most people really don't have grounds to be successful with that wiaver, but if you hasten to complete the divorce while the I-751 waiver using "extreme hardship" is pending (and you should get an NOA upon its receipt extending the expiry date of your GC for a year) you can replace it with a waiver using the good faith marriage as grounds as soon as your divorce decree is available.

Well the only option is to file the waiver using the grounds that "removal from the country would pose an extreme hardship" upon the alien. Hasten to finalize your divorce, and replace that self-petition with another waiver citing "good faith marriage" when a divorce decree becomes available. Chances are the "hardship" waiver would be denied, but if you can relace it with a waiver for which you have substantial evidences (as in the good faith marriage) then you would be able to successfully remove conditions prior to being denied and placed in removal status.

I have a conditional GC based on marrieage entered in good faith.

My Husband and I were together for 4 years and we have been married for about 1.5 yrs.

We are living apart for a while and we dont talk anymore.

My conditional GC expires in october of this year and I have read a waiver can be filed after the divorce is final. But I will not have a divorce decree by the time I have to apply to remove conditions + waiver.

What are my options? I don't want to be deported or ilegal here.

I have plenty of proofs of Good Faith Marriage It was a 4 year relationship but How can I proof Extreme hardship???

[Surviver 0]

What kind of evidences is needed to prooff "extreme hardship"???

That's the rub, most people really don't have grounds to be successful with that wiaver, but if you hasten to complete the divorce while the I-751 waiver using "extreme hardship" is pending (and you should get an NOA upon its receipt extending the expiry date of your GC for a year) you can replace it with a waiver using the good faith marriage as grounds as soon as your divorce decree is available.

Well the only option is to file the waiver using the grounds that "removal from the country would pose an extreme hardship" upon the alien. Hasten to finalize your divorce, and replace that self-petition with another waiver citing "good faith marriage" when a divorce decree becomes available. Chances are the "hardship" waiver would be denied, but if you can relace it with a waiver for which you have substantial evidences (as in the good faith marriage) then you would be able to successfully remove conditions prior to being denied and placed in removal status.

I have a conditional GC based on marrieage entered in good faith.

My Husband and I were together for 4 years and we have been married for about 1.5 yrs.

We are living apart for a while and we dont talk anymore.

My conditional GC expires in october of this year and I have read a waiver can be filed after the divorce is final. But I will not have a divorce decree by the time I have to apply to remove conditions + waiver.

What are my options? I don't want to be deported or ilegal here.

I have plenty of proofs of Good Faith Marriage It was a 4 year relationship but How can I proof Extreme hardship???

[diadromous mermaid 36]

It has to be evidence that shows that you, the alien, would suffer if removed from the country. Suffering that goes beyond the normal inceonveniences that anyone would endure if asked to leave one place and re-establish in another. Suffering that goes beyond any temporary financial setback that deportation might cause for any alien.

Do you have any medical issues for which you would not be able to secure aid? Do you have fmaily residing in the USA that you would eb forced to leave behind? Would you be forever separated from your family? Those sorts of things.

Here is an excerpt from a BIA finding (deportation cancellation) that was their reaction to an alien's request, citing "extreme hardhsip". it is helpful to read opinions such as this, not to get ideas of evidence that "work" necessarily, but to get insight into what is insuffient, in this case, for example.

We agree with the Board's statement in this case that a section 1182(h)(1)(B) "waiver should be granted only in those cases where 'great actual or prospective injury' to the qualifying party will occur. There must be an 'extreme impact' on the citizen or lawful permanent resident family member...." Citing Matter of Ngai, 19 I & N Dec. 245 (BIA 1984). We hold that the Board did not abuse its discretion in concluding that Shooshtary failed to meet this burden as to his wife and children.

The Board held that Shooshtary testified in nonspecific terms, alleging that his wife cannot support the family should he be deported, that he would be unable to find employment in Great Britain at his age and with his qualifications, and that his children would be traumatized if separated from him. As the Board pointed out, he offered no evidence regarding his wife's income, no evidence why his family could not join him in Great Britain, no evidence why he believes that he could not gain employment in Great Britain, no evidence of his wife's inability to gain employment in Great Britain, and no evidence that his case was treated differently because of his Iranian descent.

In short, no evidence was presented by Shooshtary regarding the "extreme hardship" that his family would face other than generalities about having to move his family elsewhere, anticipated difficulties in finding work, and anticipated loss of friends. Such generalities are, of course, present when one moves to a new location. As we have stated before, "[t]he common results of deportation or exclusion are insufficient to prove extreme hardship." Hassan, 927 F.2d at 468, citing Ramirez-Durazo v. INS, 794 F.2d 491, 499 (9th Cir.1986). Extreme hardship "will not be found absent a showing of significant actual or potential injury." Id., citing Matter of Ngai, 19 I & N Dec. 245 (BIA 1984). The Board responded in kind to the generalities advanced by Shooshtary:

On appeal, the respondent argues that the "hardship his family will endure is extreme," noting in particular that his "children will lose the friends and lives they have enjoyed in this country" and that his wife "will experience the loss of a dream." However, the extreme hardship requirement of section 212(h)(2) was not enacted to insure that the family members of excludable aliens fulfill their dreams or continue in the lives which they currently enjoy. The uprooting of family, the separation from friends, and other normal processes of readjustment to one's home country after having spent a number of years in the United States are not considered extreme, but represent the type of inconvenience and hardship experienced by the families of most aliens in the respondent's circumstances. See Matter of Chumpitazi, 16 I & N Dec. 629 (BIA 1978).

Although we require the Board to state its reasons and properly consider all factors, Hassan, 927 F.2d at 467, the preciseness we require of the Board depends upon the preciseness of the proof offered by the petitioner. Here, Shooshtary provided only generalities. The Board's response was sufficient.

We hold that the generalities set forth by Shooshtary do not meet the burden required for showing extreme hardship. Thus, there was no basis for the attorney general to grant Shooshtary the waiver he sought. Therefore, the Board did not abuse its discretion.

From Yasser Abdulrahim SHOOSHTARY, Petitioner, v. INS

http://bulk.resource.org/courts.gov/c/F3/3...9.93-70032.html

What kind of evidences is needed to prooff "extreme hardship"???

That's the rub, most people really don't have grounds to be successful with that wiaver, but if you hasten to complete the divorce while the I-751 waiver using "extreme hardship" is pending (and you should get an NOA upon its receipt extending the expiry date of your GC for a year) you can replace it with a waiver using the good faith marriage as grounds as soon as your divorce decree is available.

Well the only option is to file the waiver using the grounds that "removal from the country would pose an extreme hardship" upon the alien. Hasten to finalize your divorce, and replace that self-petition with another waiver citing "good faith marriage" when a divorce decree becomes available. Chances are the "hardship" waiver would be denied, but if you can relace it with a waiver for which you have substantial evidences (as in the good faith marriage) then you would be able to successfully remove conditions prior to being denied and placed in removal status.

I have a conditional GC based on marrieage entered in good faith.

My Husband and I were together for 4 years and we have been married for about 1.5 yrs.

We are living apart for a while and we dont talk anymore.

My conditional GC expires in october of this year and I have read a waiver can be filed after the divorce is final. But I will not have a divorce decree by the time I have to apply to remove conditions + waiver.

What are my options? I don't want to be deported or ilegal here.

I have plenty of proofs of Good Faith Marriage It was a 4 year relationship but How can I proof Extreme hardship???

[Surviver 0]

I have no family here or medical condition... But I have Frieds; a job; I am able to support myself without struggles, no criminal records...

If I go back to my country I will be unemployed + won’t be able to afford to pay for my divorce (the money exchange would cost me triple) I will definitely suffer from that.

I don't know What to do... I feel lost...

[diadromous mermaid 36]

You have several options. You could initiate the divorce proceedings (waiting for the other party to do so is an impediment unless you sense that there is a chance that you will reconcile) and hope that the divorce will be well underway before the expiry of your conditional green card. In the event that your divorce is not final before you must file the petition to remove conditions, you notify the local District Office and Service Center over your jurisdiction that you are in the process of divorce, and hope that they will permit you to file in an untimely fashion once the decree is available. Acceptance of an untimely filed petition is discretionary, and depends on how soon you anticipate the decree will be available. Or, you file a waiver claiming extreme hardship whether the divorce is final or not, and understand that it will likely be denied, but hope to replace it with a waiver claiming "good faith" grounds prior to a decision being made on the hardship waiver and as soon as the decree is available. Caveat: Please confer with an immigration attorney to confirm which option you should choose if you have any apprehension at all.

[nataliarb 0]

I hope It all turns out good... I am in the same situation...

You have several options. You could initiate the divorce proceedings (waiting for the other party to do so is an impediment unless you sense that there is a chance that you will reconcile) and hope that the divorce will be well underway before the expiry of your conditional green card. In the event that your divorce is not final before you must file the petition to remove conditions, you notify the local District Office and Service Center over your jurisdiction that you are in the process of divorce, and hope that they will permit you to file in an untimely fashion once the decree is available. Acceptance of an untimely filed petition is discretionary, and depends on how soon you anticipate the decree will be available. Or, you file a waiver claiming extreme hardship whether the divorce is final or not, and understand that it will likely be denied, but hope to replace it with a waiver claiming "good faith" grounds prior to a decision being made on the hardship waiver and as soon as the decree is available. Caveat: Please confer with an immigration attorney to confirm which option you should choose if you have any apprehension at all.

Edited May 16, 2009 by Natalia and Bryce