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Does a 751 divorce waiver also require you to Co File Hardship waiver

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My name is EM. I filed a joint(signed) petition in Nov 2014 during a divorce process and told USCIS that our marriage was in divorce proceedings. They just sent me an RFE asking for the Final Divorce decree (which I currently have as of 01/2015) and my signature to ammend my petition to a waiver and additional Good Faith evidences.. I then decided to visit a local lawyer who told me something that I dont believe is accurate.

According to her one cannot file a waiver solely based on the fact that the marriage ended in divorce and on good faith but that they ALSO have to file a hardship waiver..

According to me this is incorrect I am only claiming a good faith marriage waiver based on a marriage ended in divorce. Please advise

Here are my timelines

2004 - F1 Entry (Never violated or expired )

04-2012 - Marriage to USC

11-2012 - Granted CR1

11-2014 - Filed for Jointly signed 751 but with impending divorce

05-2015 - Recieved RFE for divorce and additional good faith Evidences

Any response will be appreciated

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You can remove the conditions based just in bonafide marriage.

The hardship waiver is used in extreme cases where the person can't prove bonafide marriage then there is the option to file I751waiver based in hardship. For hardship waiver the person does not have to prove bonafide marriage.

Edited by sandranj

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Don't hire that lawyer.


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Terrible advice from the lawyer. You can file for an I-751 based entirely upon a legitimate, good-faith marriage that ended in divorce. The burden is on you to prove that the marriage was legitimate while it lasted. You simply gather the same evidence as you would if you were filing jointly with your spouse, and submit a copy of the final divorce decree alongside. (I just did this a few days ago)


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Thanks guys/gals she was in fact getting mad to the point of letting me know that she's the one who went to law school.

Oceanborn what did you send with your file.

My original file had

Joint taxes 2012, 2013, 2014

2 Joint cars

Joint car insurance for the two cars over the 2 year period

2 joint bank accounts for about 24 months

2 joint leases

Joint rental insurance for the two leases

Joint medical

Joint dental

Joint vision

401 k with usc as single beneficiary

Joint life insurance..

Bunch of pictures

Counseling paperwork

We did not have a joint phone since we were on difft plans and never wanted to change

I had insurance bills and Netflix wife had the gas...

The RFE still asks for more.. I have no more

Wife and I aren't on the best of terms (Mutual Separation) so no point in asking for her affidavit

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Terrible advice from the lawyer. You can file for an I-751 based entirely upon a legitimate, good-faith marriage that ended in divorce. The burden is on you to prove that the marriage was legitimate while it lasted. You simply gather the same evidence as you would if you were filing jointly with your spouse, and submit a copy of the final divorce decree alongside. (I just did this a few days ago)

Don't hire that lawyer.

You can remove the conditions based just in bonafide marriage.

The hardship waiver is used in extreme cases where the person can't prove bonafide marriage then there is the option to file I751waiver based in hardship. For hardship waiver the person does not have to prove bonafide marriage.

Thanks everyone. She was surprised I had gotten this far without a lawyer I ws thinking VJ lady

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My name is EM. I filed a joint(signed) petition in Nov 2014 during a divorce process and told USCIS that our marriage was in divorce proceedings. They just sent me an RFE asking for the Final Divorce decree (which I currently have as of 01/2015) and my signature to ammend my petition to a waiver and additional Good Faith evidences.. I then decided to visit a local lawyer who told me something that I dont believe is accurate.

According to her one cannot file a waiver solely based on the fact that the marriage ended in divorce and on good faith but that they ALSO have to file a hardship waiver..

According to me this is incorrect I am only claiming a good faith marriage waiver based on a marriage ended in divorce. Please advise

Here are my timelines

2004 - F1 Entry (Never violated or expired )

04-2012 - Marriage to USC

11-2012 - Granted CR1

11-2014 - Filed for Jointly signed 751 but with impending divorce

05-2015 - Recieved RFE for divorce and additional good faith Evidences

Any response will be appreciated

The lawyer may not be knowledgeable in immigration laws, if a straight forward instruction is being misinterpreted carelessly. Disregard her. But, the concept here is to indicate all that apply to you in the check box; and of course, you have to show proof of whatever you select...

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