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

[Sunshine2009 0]

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

[mozplay 29]

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.

[mozplay 29]

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 September 4, 2009 by mozplay

[JimVaPhuong 4,863]

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.

[Sunshine2009 0]

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..

[Chica Yeyé 41]

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.

[Sunshine2009 0]

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!

[Chica Yeyé 41]

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.

[JimVaPhuong 4,863]

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.

[jairoshott 0]

example how file i-751 marriage in good faith thanks

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.