I-751 Denied

[Pinkrlion 2,719]

I am asking for my husband's friend. He is currently separated from his wife since 2013, and he obtained a lawyer to file his I-751 to remove conditions. His lawyer filed and requested a waiver of the joint filing requirement based upon extreme hardship, and was denied based on he did not meet criteria for extreme hardship. He did have his interview, and they only asked about extreme hardship information. His divorce has not been finalized yet, so they did not ask about that.

Can he re-file his I-751 when the divorce is finalized?

[Boiler 45,486]

Seems an odd route to take, need some background info as there must be a lot more to this.

[firebird00 66]

Why didn't he file for divorce waiver? was his marriage real? separated since 2013 and its almost 2016?

[Hypnos 6,576]

Extreme hardship has a high bar, so it's not surprising that he was denied.

[Elf 146]

When did he get his conditional green card? You said they separated in 2013, so unless he filed the I-751 after his conditional green card had already expired it sounds like they separated almost immediately after the wedding? If either or both of those are the case, he's got more problems than just the denial of the hardship waiver.

As Boiler says, it sounds like there's a lot of background information we don't have.

[Pinkrlion 2,719]

Extreme hardship has a high bar, so it's not surprising that he was denied.

That is what I said...he filed I-751 in November of 2014, and interview was not scheduled until august of 2015. They were going to reconcile, but it did not work. So they re-filed for divorce, but not finalized yet. Although they initially were to file jointly, lawyer filed for extreme hardship. IDK why he filed that way. His friend doesn't know why either.

Edited November 21, 2015 by Pinkrlion

[Boiler 45,486]

Suggest friend finds out.

[Elf 146]

Suggest friend finds out.

Suggest friend finds out new lawyer

Fixed that for ya

[Pinkrlion 2,719]

Yeah, we discussed the new lawyer already. Can he re-file I-751 after getting divorce decree? He just received denial letter this week.

[Hypnos 6,576]

Yes he can. He can file a new I-751 at any point up to being placed in removal proceedings.

[firebird00 66]

for how long he stayed married and living with his wife in the same house?

Edited November 21, 2015 by firebird00

[Pinkrlion 2,719]

Why use extreme hardship as a waiver? why not just say that you're in divorce proceedings and it hasn't been finalized yet? As long as your marriage began bona-fide, it doesn't matter if you have an extreme hardship now. Anyone clarify?

Exactly what I said, WTH. Also, told him that here in the US you have to take more responsibility in ensuring your lawyer does/files the right thing. Not just give them money and not ask questions.

[Pinkrlion 2,719]

for how long he stayed married and living with his wife in the same house?

Still married, in total 3 years.

[Darnell 8,478]

Why use extreme hardship as a waiver? why not just say that you're in divorce proceedings and it hasn't been finalized yet? As long as your marriage began bona-fide, it doesn't matter if you have an extreme hardship now. Anyone clarify?

This is a stalling tactic used by many attornies. For the client, this buys time; usually this time is utilized working, to repay the lawyer.

[Pinkrlion 2,719]

This is a stalling tactic used by many attornies. For the client, this buys time; usually this time is utilized working, to repay the lawyer.

WOW! I told him, he should have paid me. I want to go on a cruise. LOL!