I-751 - USPS vs Fedex & Hardship Waiver

[Alexmat1 9]

Hello,

1) Mailing:

I would be sending this early next week. I was planning on using Fedex to send this in. For the same price , Fedex arrives two days earlier than USPS. However Fedex always requires  a signature when delivering to a business. They said I can give instructions while mailing the package that signature is not required. 

Has anyone faced issue with Fedex mailing in of I-751 ? I assume no one will be available to sign the delivery of I-751 at USCIS esp if they are running most things remote because of pandemic. If someone has any inputs pls share.

 

2) Hardship:

While I am using the waiver based on Good faith marriage option (I am divorced), I was also advised to use the waiver due to extreme Hardship option too, as a backup. Is this advised. 

As one of the reasons of hardship (apart from me not being able to co parent my child), I read somewhere that one can mention any significant credit card/financial institution debt, which cannot be paid back if I am out of US. Is this a recommended reason to give, or will it backfire, if I show debt (and thus a poor financial status).

 

Thanks  

[geowrian 22,336]

2) I would not suggest this. It is not a "backup"...you must show an extreme hardship to get the I-751 approved with that waiver checked.

[mindthegap 2,537]

Never had any issues sending via Fedex, simply because I wouldn’t entrust USPS with something so important. 
Signed for as normal.

 

[Orangesapples 1,954]

1 hour ago, mindthegap said:

Never had any issues sending via Fedex, simply because I wouldn’t entrust USPS with something so important. 
Signed for as normal.

 

I've never had issues with USPS. I think they're great. 

[mindthegap 2,537]

2 hours ago, Orangesapples said:

I've never had issues with USPS. I think they're great. 

Kudos.

I have.

 

[da95826 387]

If you have a divorce then file for the divorce waver only.  You need to prove a bona fide marriage in all cases so there no advantage in the extreme hardship waver. Proving an extreme hardship is much much harder than a divorce especially if you have divorce decree in hand now. 

 

If somehow you endup in deportation use extreme hardship then as a back up.

 

I see many divorce waver i751 applicants be approved here and elsewhere I think there is little chance of being denied. 

[Alexmat1 9]

Thanks @da95826

I see that you are from a close by city. Thats the closest USCIS office for me. Do you know if they allow visit or stamping of temporary green card now ?

[geowrian 22,336]

Technically, the extreme hardship waiver for ROC does not require showing a bona fide marriage. But:

1) As noted, if you check both boxes, you must meet the requirements for both waivers. It's not an either/or...it's an AND.

 

2) What many people consider to be an "extreme hardship" will not meet the requirements for said waiver. An example of extreme hardship that would qualify is if they would jail, harm, or kill you if you return to your home country (as an extreme example).

Custody arrangements would generally not qualify (or else anybody with children could just do this).

Difficulty in paying back bills would generally not qualify (the vast majority of people who live in the US fall into this category...nearly anybody could claim this again).

I'm not saying that nobody has ever been approved with either or both of those are part of the reasons based on the totality of their circumstances, but it is absolutely not something I would rely on in any way. The divorce waiver and showing a you entered into the marriage in good faith is a much more traveled path.

If somebody did want to go the extreme hardship waiver path, it's very highly suggested to seek professional assistance with an immigration attorney that has experience in successful ROC hardship waivers. It's not something I would suggest DIY.

[da95826 387]

23 minutes ago, Alexmat1 said:

I see that you are from a close by city. Thats the closest USCIS office for me. Do you know if they allow visit or stamping of temporary green card now ?

I don't know the current status of the Sacramento field office I have not been there since July 2018, My guess is it is open by appointment for limited services.

[Bob in Boston 627]

3 minutes ago, da95826 said:

  33 minutes ago, Alexmat1 said:

I see that you are from a close by city. Thats the closest USCIS office for me. Do you know if they allow visit or stamping of temporary green card now ?

from what I have read its by appointment only and for emergencies. Need to schedule an info pass appointment