i751 extreme hardship waiver

[Lorl 0]

Hello, 

 

Can someone share their experience with i751 based on extreme hardship? I was trying to find all over and there are very few cases mentioned online.

 

Thanks

[Mike E 11,739]

I’ve been reading your other posted topic. 
 

Did you enter the USA as a K-1?

[Lorl 0]

nope, adjust status here

[Mike E 11,739]

3 minutes ago, Lorl said:

nope, adjust status here

In that case have you considered the filing a new I-130 as per the suggestion in 

?

[Lorl 0]

2 minutes ago, Mike E said:

In that case have you considered the filing a new I-130 as per the suggestion in 

?

yes, but i am not going that way. I filed a hardship waiver. 

 

[Boiler 45,449]

The only ones I remember were from cases where a Divorce Waiver was a simpler and more logical route. 

[Mike E 11,739]

35 minutes ago, Lorl said:

yes, but i am not going that way. I filed a hardship waiver. 

 

The hardship waiver seems harder. Some I-130 / I-485 cases have been filed when you could have filed last year and are now approved. 
 

31 minutes ago, Boiler said:

The only ones I remember were from cases where a Divorce Waiver was a simpler and more logical route. 

OP did try a divorce waiver and was denied. OP is married to spouse B today. OP divorced spouse A after getting a green card through spa use A.   USCIS concluded OP was in a relationship with spouse B before OP married spouse A. Hence I-751 was denied.  The divorce waiver option appears to be dead. 

[Boiler 45,449]

It appears the likely issue is proving up the legitimacy of the first marriage.

 

Well maybe better to say that is my assumption.

[Mike E 11,739]

USCIS has already ruled on that point.  Based on what I read in the other thread, I think it is an even lower (than hardship waiver)  percentage play to appeal it to federal court. The high percentage play is as @mindthegap stated. 

[immigrant2046 0]

hey, I read your other post, did USCIS conduct an investigation on your first marriage? did they reach out to your wife’s brother or did your wife’s brother volunteered information? 

[Lorl 0]

10 hours ago, immigrant2046 said:

hey, I read your other post, did USCIS conduct an investigation on your first marriage? did they reach out to your wife’s brother or did your wife’s brother volunteered information? 

They didn't reach out to her brother they reached out to her ex

 

again I am here to see if there is someone with previous experience with 751 hardship waiver

[Mike E 11,739]

4 minutes ago, Lorl said:

They didn't reach out to her brother they reached out to her ex

 

again I am here to see if there is someone with previous experience with 751 hardship waiver

The resounding  absence of a “yes” would appear to be your answer. VJ is mostly a DIY site, and your case is not DIY. 
 

I’ve never seen a single immigration lawyer post here. Just a few non immigration lawyers who know no more and no less than we do. 
 

@Family might have seen such a case. 
 

Reddit’s immigration and USCIS sub-reddits have plenty of immigration lawyers who might respond especially if they think they can get your business. And some of those lawyers are  good. And some are  bad. 

[Family 3,988]

OP has an attorney as per prior posts. He is being pro active inasmuch as he waited close to a decade with a pending I-751 that was denied for lack of bonafides to his first marriage. ..so long that first wife passed away in 2018.

My limit is a hardship waiver where divorce was not even filed yet, sadly it was a slam dunk because the applicant was diagnosed with terminal illness and it was approved in 30 days or so.

 

OP’s attorney probably claimed the usual hardship ( emotional and psychological substantiated by therapist) , but it’s unlikely to prevail as USCIS seems to have dug in their heels…

 

I would say you are better off getting to court for a chance to argue the bonafides of that first marriage again in front of the judge. In your case an NTA is a good outcome to hope for,  to finally wrap this up. ..you stated you had extensive records and USCIS did a soft denial and won’t be able to prove fraud. 

 

And no he can’t just readjust through second marriage ( 3 kids and all)
 

[Mike E 11,739]

4 minutes ago, Family said:

And no he can’t just readjust through second marriage ( 3 kids and all)

Why not?

[Family 3,988]

1 minute ago, Mike E said:

5 minutes ago, Family said:

And no he can’t just readjust through second marriage ( 3 kids and all)

Why not?

Because USCIS took 9 years to give him a decision…and they will skewer his second wife’s I-130  since their position is the first one was for immigration purposes.