Want to file on hardship waiver... advice...?

[chingychingy 1]

Hello everyone, I would like some advice or some positive input to my situation. I am no longer married to my US spouse. We got divorced almost a year ago but we still have been seeing each other and I just gave birth to our daughter early December. We pretty much dont have any evidence of our marriage except from pics because straight after we filed for our divorce we pretty much erased everything of each other out of our lives.. shared bank accounts and all that. I was going to file under the divorce waiver (bona fide marriage) but i dont have enough documentation to prove. So I'm thinking of filing under extreme hardship because of our daughter .. is that possible?  
Thank You

[Going through 5,669]

Extreme hardship is not a viable route for you just because you have a child....although there is some wiggle room for parents of young children, proving *extreme* hardship is very difficult, and the onus would be on your ex-husband to prove that it causes hardship to him/the USC child---in other words, USCIS won't care if it causes the immigrant hardship in any way.

 

You may have more evidence than you realize----contact your utility companies and get back-dated statements where both of your names were on it, contact your bank and get old statements printed from any shared accounts as well.  Chase bank was able to print all of mine from 2004 on wards from an old closed joint account, so you may have some luck tracking yours down at your bank.  If you shared health insurance, you can contact them to get a written statement regarding your coverage.  Search around for copies of older leases, mortgage payments/etc.  

 

Good luck!

Edited January 4, 2018 by Going through

[Boiler 45,282]

What's wrong with your daughter?

[chingychingy 1]

6 minutes ago, Boiler said:

What's wrong with your daughter?

There is nothing wrong with my daughter that I am aware of right now.  

 

1 hour ago, Going through said:

Extreme hardship is not a viable route for you just because you have a child....although there is some wiggle room for parents of young children, proving *extreme* hardship is very difficult, and the onus would be on your ex-husband to prove that it causes hardship to him/the USC child---in other words, USCIS won't care if it causes the immigrant hardship in any way.

 

You may have more evidence than you realize----contact your utility companies and get back-dated statements where both of your names were on it, contact your bank and get old statements printed from any shared accounts as well.  Chase bank was able to print all of mine from 2004 on wards from an old closed joint account, so you may have some luck tracking yours down at your bank.  If you shared health insurance, you can contact them to get a written statement regarding your coverage.  Search around for copies of older leases, mortgage payments/etc.  

 

Good luck!

 

Thank you very much. I appreciate your advice and I will take that into consideration.

[Boiler 45,282]

So what is the extreme hardship?

[chingychingy 1]

1 minute ago, Boiler said:

So what is the extreme hardship?

My daughter. 

[Boiler 45,282]

Not getting where you are coming from but she needs to be 21 to sponsor you.

[NigeriaorBust 4,087]

  I am a bit confused.  Where are you and your daughter ?  Have you ever had a green card ?

[Name O Boy 511]

Sorry to hear about your situation. You could file for divorce waiver. Any evidence is good and I would suggest writing a cover letter for the evidence which you are unable to present. Lack of evidence is not the only reason to deny a case there are other factors. Don't ever try to conceal anything from USCIS because they will eventually catch you and you don't have to be afraid of anything as long as you are truthful. Good luck and I am positive you and your daughter will have a bright future. 

Edited January 4, 2018 by Name O Boy

[chingychingy 1]

1 hour ago, Name O Boy said:

Sorry to hear about your situation. You could file for divorce waiver. Any evidence is good and I would suggest writing a cover letter for the evidence which you are unable to present. Lack of evidence is not the only reason to deny a case there are other factors. Don't ever try to conceal anything from USCIS because they will eventually catch you and you don't have to be afraid of anything as long as you are truthful. Good luck and I am positive you and your daughter will have a bright future. 

Thank you very much for your kind words and useful input. Really appreciated.

 

1 hour ago, NigeriaorBust said:

  I am a bit confused.  Where are you and your daughter ?  Have you ever had a green card ?

We are in the states on a CR1 visa. 

[Boiler 45,282]

Op has no timeline.

 

Only posts on this thread.

 

Assumptions can be made, but that can be very dangerous. 

 

VJ members are many things, not sure how many are mind readers.

[Lemonslice 4,790]

3 hours ago, chingychingy said:

Hello everyone, I would like some advice or some positive input to my situation. I am no longer married to my US spouse. We got divorced almost a year ago but we still have been seeing each other and I just gave birth to our daughter early December. We pretty much dont have any evidence of our marriage except from pics because straight after we filed for our divorce we pretty much erased everything of each other out of our lives.. shared bank accounts and all that. I was going to file under the divorce waiver (bona fide marriage) but i dont have enough documentation to prove. So I'm thinking of filing under extreme hardship because of our daughter .. is that possible?  
Thank You

It seems you have more documentation to file with a divorce waiver than evidence to support extreme hardship.

[chingychingy 1]

1 hour ago, Lemonslice said:

It seems you have more documentation to file with a divorce waiver than evidence to support extreme hardship.

Not really. There's me being beneficiary to his life insurance and Co signer for his bank account and that is pretty much it. No utilities under both our names. I have pics with his family and have an immediate family member and a close friend of his to help me write affadavits if need be. I will most probably file under the divorce waiver.

Thank you

[Lemonslice 4,790]

8 minutes ago, chingychingy said:

Not really. There's me being beneficiary to his life insurance and Co signer for his bank account and that is pretty much it. No utilities under both our names. I have pics with his family and have an immediate family member and a close friend of his to help me write affadavits if need be. I will most probably file under the divorce waiver.

Thank you

Married 9 years and we do not have one utility bill with both our names... accounts set up at the same address?  hospital documents when you gave birth? mail/paystubs/statements sent to the same address? 

[sparkles_ 456]

2 hours ago, chingychingy said:

My daughter. 

Does your daughter have any special needs or medical issues? If not, isn't hardship waiver material. If so, you could explore the waiver possibly depending on the issue and other key details about your case.

Edited January 4, 2018 by sparkles_