Removal of conditions through extreme hardship (I-751)

[cali2018]

OP, since you have already provided a lot of information. Maybe sorry, if you could explain more to us the actual orginial greencard process. That way we can analyze what possible evidence you have or so.

You mention you knew each other for 4 years, then got married? Did you have the child before marriage then? When did your marriage start, how long were you married before the day of your AOS interview?

You mention everything leads back to financially. Unfortunately that is the reality in USCIS mind the day you are married on paper is the day financially you should start to commingle and by the time your reach ROC heck everything should be joint in their minds.

So what evidence exactly did you mainly use at your AOS interview, what commingled docuements was there at the time. Were you living together at the time? When did you stop living together? Did you move out then divorce? Or divorce then move out? How long after divorce did you decide to seperate financially? Maybe you seperated financially before divorce was finalized?

Basically, look at this way you mention your AOS interview was "through and firm" aka no fun, cause very likely your evidence was light. Now at ROC you still have light evidence and possibly lacking continous evidence. So in reality you have less evidence than AOS? This alone is the only thing I can see why your dumbass lawyer said try to prove hardship and base everything on the child.

In USCIS mind you need to prove, one you knew each other. Two, you entered into marriage in good faith and AOS process for right reasons. Three, after all one and two are true, you at some point later on seperated in all ways (key being financially). It seems your lawyer failed to prove 1 and 2, forget getting to #3. and moved the focus on hardship of the child.

[cali2018]

Joint-taxes: How many years did you file jointly? Were you living both at the same address?

[cali2018]

Hardship, this an entirely DIFF story. Lot out there on google to explain why you need to punch your lawyer. But heck this link starts explaining it well.

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-751-with-hardship-waiver.html

Truly to sum up all the research out there, the fact you folks have done everything 50/50 and the mother of your child does financially support and everything. Does not help the hardship case.

But again you can aovid all this...by fixing the good faith issue.

[UScitizenFilingforspouse]

I second Cali2018 - the fact you folks have done everything 50/50 and the mother of your child does financially support and everything. Does not help the hardship case.- BUT... doing every 50/50 does show good faith and that you are raising that child. So as I mentioned before, if you use that as evidence in support of your divorce claim, then that would really strengthen your case.

[krypton9591]

I am currently in the process to have the conditions removed on my 2 year green card. The original filing method was spouse sponsored. However, the marriage broke down and we sat down with an immigration lawyer to discuss different options for filing the removal of conditions because a divorce was imminent. As we have a 5 year old daughter, I was told that filing using a hardship waiver/exemption was the best and most logical step. I filed 18 months ago. Two days ago (15th Spet 2018) I received a response citing insufficient evidence that the marriage was entered into in good faith and insufficient evidence that deportation would result in extreme hardship to myself or my child.

In order to receive the conditional 2 year green card, we already had to submit evidence that the marriage was entered into in good faith, and we endured a stern and thorough interview process. Our problem is that we don't have a great deal of solid evidence to support this - we were married in a courthouse due to me having just finished college (we had been together 4 years prior to marriage) - we decided to put off the ceremony until we had the finances to include both families and do it as we wanted, so there is no picture/video evidence which would strengthen our case. We've also never had joint ownership of any house or a joint tenancy agreement on any apartment. This is due to me having no credit history in the US at the time. When we tried to buy a house together the mortgage company would only lend the money to purchase if I agreed and signed documents stating I had no ownership or equity in the house. In fact, getting financed on anything has been a constant stumbling block during my time here - nobody will finance me at a fair rate (I'm paying 13% interest on a car loan).....but this is another story.

The only "joint" things we have are a tax return we filed together. We also have copies of state licenses which show the same address - and my ex wife has me listed on a life insurance policy she took out through her old job.

Regarding the lack of proof for extreme hardship - we have a court ordered consent judgement and joint stipulation. It outlines that we both have 50/50 custody of our daughter and neither parent has more rights than the other. We have a schedule whereby we each have her 3.5 days out of the week. All education, health and other decisions are made together. All finances and costs are split equally. We have documentation showing this. I don't understand how they can view deporting me as being anything other than extreme hardship. Psychologically it would break us both. I'm worried they view the court documents merely as an attempt by me to flout the law and they believe I'm nothing more than an absent father who supports financially from time to time - nothing could be further from the truth. All of the dealings between my ex-wife and myself are civil and amicable. The needs of our child are put first.

In their letter to me they do outline several additional ways to show extra evidence. Here are some which are relevant to my case:

- Potential effects of your deportation on your children and their dependence on your support, such as education, lack of familiarity with your home country, language issues, financial and health requirements
- Major disruption in your family life
- Potential psychological impact of deportation on yourself and your children

We are in the process of scheduling a therapist to interview our daughter and give a detailed professional assessment which we can then submit. As far as major disruption to family life goes, my life is based here. The 2 bed apartment I rent for my and my daughter, my car note, all other bills and commitments are all here.

If there is anybody who has constructive advice or has been in a similar situation I'd appreciate anything you think would help the situation. Is there something obvious that I'm overlooking?

Thanks for reading.

I really can't understand where you're losing connection to the advice give, Literally you need to get EVERY SINGLE piece of evidence over the past two years of your marriage, and I'm talking Texts, ******** messages, pictures, you apparently have no joints bills which is a HUUUUGEEEE RED FLAG, but that's OK, bring your marriage certificate and a divorce decree to file ROC as a divorcee, forget about hardship cause you have zero chance of that one being granted to you if you're not financially stable. if you can't provide proof of a bona-fide marriage, then stop trying and just admit that USCIS is correct and the marriage was a fraud and deal with the consequences of your actions and come back to the US to visit your daughter on a valid visa after your 3/10 yr ban(if you even have one depending on if your visa expired before you got married) has ended.

[bledgeway1]

I really can't understand where you're losing connection to the advice give, Literally you need to get EVERY SINGLE piece of evidence over the past two years of your marriage, and I'm talking Texts, ******** messages, pictures, you apparently have no joints bills which is a HUUUUGEEEE RED FLAG, but that's OK, bring your marriage certificate and a divorce decree to file ROC as a divorcee, forget about hardship cause you have zero chance of that one being granted to you if you're not financially stable. if you can't provide proof of a bona-fide marriage, then stop trying and just admit that USCIS is correct and the marriage was a fraud and deal with the consequences of your actions and come back to the US to visit your daughter on a valid visa after your 3/10 yr ban(if you even have one depending on if your visa expired before you got married) has ended.

I understand there are gaping holes in the info I have provided which hasn't helped my case with USCIS and which some people on the thread are finding difficult to understand. Thanks to a lot of great advice here, it has highlighted the obvious flaws in both the way I approached it and the evidence (or lack of) that I submitted. I definitely got hung up on the legal advice given to chase the hardship waiver - I didn't have any clue as to how far off I was until I came to this forum for help. I realize there is a ton of evidence I can add to support my case that this was indeed a bona-fide marriage. If you bear with me through this post while I respond to people's questions, I think by the end it will be a little more clear. Thanks

Joint-taxes: How many years did you file jointly? Were you living both at the same address?

We actually have 3 years of joint filing. 2014/15 & 16. We were living at the same address for 14 & 15. The year of 2016 is when we separated and I was living at a different address.

OP, since you have already provided a lot of information. Maybe sorry, if you could explain more to us the actual orginial greencard process. That way we can analyze what possible evidence you have or so.

You mention you knew each other for 4 years, then got married? Did you have the child before marriage then? When did your marriage start, how long were you married before the day of your AOS interview?

You mention everything leads back to financially. Unfortunately that is the reality in USCIS mind the day you are married on paper is the day financially you should start to commingle and by the time your reach ROC heck everything should be joint in their minds.

So what evidence exactly did you mainly use at your AOS interview, what commingled docuements was there at the time. Were you living together at the time? When did you stop living together? Did you move out then divorce? Or divorce then move out? How long after divorce did you decide to seperate financially? Maybe you seperated financially before divorce was finalized?

Basically, look at this way you mention your AOS interview was "through and firm" aka no fun, cause very likely your evidence was light. Now at ROC you still have light evidence and possibly lacking continous evidence. So in reality you have less evidence than AOS? This alone is the only thing I can see why your dumbass lawyer said try to prove hardship and base everything on the child.

In USCIS mind you need to prove, one you knew each other. Two, you entered into marriage in good faith and AOS process for right reasons. Three, after all one and two are true, you at some point later on seperated in all ways (key being financially). It seems your lawyer failed to prove 1 and 2, forget getting to #3. and moved the focus on hardship of the child.

We met Oct 2010, our daughter was born Nov 2012 & we married Aug 2014. I think you and others have hit the nail on the head regarding light evidence and lacking continuity. Having had time to think on it for the past week, I can see plenty of areas where it would look strange to USCIS. We did have a tough interview, which came as a bit of a surprise to us both, but I understand it better now. We had just moved from AL to LA, so when asked where we lived we told them our LA address, but they had our AL licenses. We just didn't do a good job of providing clarity. I will outline the bigger picture in my response below.

Here are my thoughts:

- You can refile the I-751. Figure out if you can just send a new one in response to the RFE.

- Select that you are removing conditions on the basis of divorce only.

- Read the I-751 instructions through and based on the list of examples of evidence of bona fide marriage, decide which ones you can get.

- Commingling of finances - I realize that without an income there's no commingling, at first glance. However, living off one paycheck is, in fact, commingling. I have covered everything husband has needed since before he moved into my place in 11-2016. My paycheck even gets deposited into his personal checking. Then, we move money from that account to the joint checking account to pay bills, savings, etc. So try to find bank statements, receipts, whatever you can since the day you met. At this point, you might as well overload them with evidence.

- Look at 4EVER's Table of Contents and organize your evidence following that main format. The evidence is sorted into a few main categories. Follow that format. Use full sentence.

- Get ideas from the screenshots of the I-751 Table of contents I posted earlier. That's what a solid I-751 filing looks like. No gaps. Every month is accounted for. If you cannot generate X Y Z, then you state why. You want to show a continuum.

- While you need to focus on the here and now, it is important for readers to grasp what may have gone wrong. Thank you for sharing and thank you for being open to discussing your experience. I think that your AOS application may have fallen short and set you up for failure. See, you were required to show evidence of bona fide marriage. However, that does not mean that you should only include evidence since the date the of your marriage. You were here on F-1 and adjusted status. You needed to have included evidence since the date you met your wife.
Your AOS case should have been a straightforward approval on the spot. Yes, you didn't have the finances to generate a lot of evidence. However, if you look at the experiences on this thread, you will see that a lot of these folks did not have a job, EAD/AP, no savings, yet they got creative and focused on showing they live together and intend to build a life together. There are folks who even submitted an affidavit stating how they met, how they've lived and their future plans. https://www.immihelp.com/forum/showt...interview-tips

My guess is that you sent a bare bones AOS filing. Attorneys are still notorious for telling clients that they only need to send the marriage certificate. Sure enough, a lot of such filings turn into rough interviews and being referred to the Fraud Investigation unit.

Assuming that USCIS already had the little evidence of bona fide marriage that you either submitted with your AOS filing OR brought to the interview was a big mistake. Adjustment of status and I-751s are not even adjudicated at the same Service Center. So people need to stop assuming this. That leads to incomplete submissions. Even if you had submitted X Y Z, the I-751 instructions state you must submit as many documents as you can to establish the bona fide nature of your marriage since the date of your marriage until the present date, so if X Y or Z fall within that time frame, you submit it again. Redundant? yes. But that's how they want it.

This is not written anywhere but I have read that it is common practice to approve I-751s that are filed with evidence that children were born as a result of the union. It's not too late to get that free pass.

- You will need to fill in any gaps by explaining them on a notarized affidavit. You will need a notarized affidavit from your wife attesting your marriage was bona fide, and providing details on how you are coparenting, how you've always been present. She should address the fact that you were unemployed and explain that. All of that needs to come from the US citizen. She should corroborate and fill in any gaps.
Stay away from the hardship, because you would not be sent back to a country at war, there's no language barrier. That just isn't a strong claim. Just let that go, and use the evidence that you were using for hardship to strengthen your I-751 on the basis of divorce.

- Instead of having your daughter interviewed by the psychologist, simply have a joint sessions as co-parents and with your daughter to make sure that she understands that the divorce is not her fault, that you two still love her, that she transitions through the divorce and your co-parenting in a healthy way. Have the psychologist issue a notarized statement attesting to the bona fide nature of your marriage, and the intent behind the sessions, how many sessions and when exactly they took place. That will be more helpful than embarking on the extreme hardship waiver.

- You mentioned videos. It sounded like surveillance footage. Sure, the more you show, the better. They're not going to accept or watch videos. You will just have to take screenshots.

- iphone location. Go to settings and look for iphone significant locations. If you don't know what I mean by that, then google it.

- Since your daughter was born before you got married, then it would be fair for you to include evidence from before you got married that relates to your relationship with your child, and your ex-wife and you as parents.

- Text conversations. You can download iphone text messages and SMS with iExplorer from macroplant. It's worth it. It would take too long to take screenshots.

- Medical records should list you as your daughter's father. have you ever had to take her to the doctor? That's evidence.

You have evidence everywhere. That's what I meant by the paper trail. Look through those resources I suggested and see what you can come up with.
Enlist your in-laws to give you notarized affidavits attesting to your marriage, and corroborating your affidavit.

You should include an affidavit of residence to account for all that time that you were living with your ex-wife and were not on the lease. Your wife should also mention that on her affidavit, and be specific with the dates. Then you can show mailings that depict those addresses. Tie it to the addresses displayed on your driver's license.

- Advance health care directives and financial power of attorney. You want those notarized also. That's evidence. Who gets to make medical decisions for your daughter in your absence? Same for your wife.

You should also be listed on your daughter's school records. You didn't capitalize on all the evidence that you have access to. Just get organized. You can do this.

All the best,

USCFFS

This detailed reply has really helped me out, thanks for that & it shifted my mindset from being bogged down with focusing on the hardship waiver and court documents to realizing I have plenty of evidence to a bona-fide relationship/marriage. Let me share what I am thinking and get an idea if I'm on the right track.

I arrived in US for college in Aug 2010. In Oct 2010 I met my ex-wife. We both had separate places for the first year or so and then moved into an apartment close to campus. In the summer of 2011 she spent nearly a month with me and my family in the UK - I have flight itineraries and pictorial evidence of this. Our daughter was born Nov 2012, we have the birth certificate and again pics of all of us plus her family at the hospital. Xmas of 2012 all 3 of us flew to UK to spend time with my side of family and for them to see our child.

I had one year left on soccer scholarship at college in a small town in AL while she lived at her family home in Mobile, AL (approx 3 hours away) - I made my class schedule where I would spend Mon-Thurs at college and Fri-Sun in Mobile. In the summer of 2013 my family flew over to visit us and for both families to spend time together. I have evidence of this. In Dec 2013 I graduated college and my family again flew over to the US to celebrate my graduation and attend a belated 1st birthday party for our daughter. I can also support this. After graduating college I moved in at the family home in Mobile for 4 months. In Apr 2014 the company my ex-wife worked for moved her to Lake Charles, LA. We all moved into an apartment there. In May 2014 my daughter and I traveled back to the UK for 10 days to visit family. My ex-wife wasn't afforded the time off work to join us. I worked from June 2014 til August 2014 - I left the job with the intent to start an MBA but this didn't materialize. In late August 2014 we were married at the Mobile courthouse while we went back to visit her family for the weekend. In Nov 2014 she bought a house and we moved in there. My family again visited Nov/Dec 2014 and we had a photographer take family pictures. I started a new job in Dec 2014. In March 2015 I moved out of the house we shared and into my own place after we had marital problems. From this point on until our Divorce became final in Feb 2017 things were civil and amicable. We drew up a schedule for spending equal time with our child and all expenses relating to her were split. I have had friends and family visit in the time we were separated and we still all spent time together as a group. Both sets of parents would be able to provide affidavits supporting this. My ex-wife will be providing a lengthy affidavit to also prove this timeline. All major events relating to our daughter have been attended by both of us. There have never been separate birthday parties and some have included both families. We have had family pictures taken of the 3 of us while separated and living at different addresses. We can provide evidence of this. I can provide screenshots of bank/venmo transfers between us both relating to school/extra-curricular costs. I will be able to dig out texts/******** messages supporting our statements. There is evidence of conversations between my mother and my ex-wife offering her the opportunity to come stay with them in the UK if she ever wanted a break. I have evidence of similar conversations with her mother offering me a place to stay when they host family events. I can also provide evidence from schools/health records that show us both listed on there.

I think this will go some way to significantly strengthening the claim of bona-fide marriage. I'm sure there will be other pieces of evidence which arise also. I'm not sure why I missed all of this in the first place but thanks to all the posters in this thread for the sound advice.

[cali2018]

Thanks for taking the time, you are totally on the right track and now the timeline makes much more sense.
I would take some time to build out the "cohabitation" section since you did lots of moving around but were always together. Then ofcourse all the taxes.

Then you can build out the rest, finances and insurance mainly.
You seem to be very good on trips/pictures/affidavits, which would be the next section.
Then other section is mail at same address ofcourse and few other things.

Anyways you seem to be on the right track now.

[UScitizenFilingforspouse]

I think this will go some way to significantly strengthening the claim of bona-fide marriage. I'm sure there will be other pieces of evidence which arise also. I'm not sure why I missed all of this in the first place but thanks to all the posters in this thread for the sound advice.

Drafted your timeline based on your post. You can hopefully use it to build your evidence around those events. Please follow the format used by 4EVER or Emerald 2020. There should be no doubt about what the evidence you submit, is proof of. Full sentences and always include dates. "This lease is evidence that Petitioner and Beneficiary resided at Street Address, City State between 12-01-12 and 04-30-2013". You get the idea.

Here you go.

PS: See...? You have TONS of evidence. You went through hell during your AOS process for no reason. And now for Removal of conditions, this all snowballed for no reason. It's all there. Focus on showing that you entered the marriage in good faith. Everything you have strengthens that claim. I would still go to therapy sessions - all 3 together. Have the therapist issue a notarized affidavit stating the dates and the purpose - the well being of your child through this transition. If it is difficult to get the therapist to notarize it, then a letter on letterhead that includes a wet signature and professional credentials.

*No hardship. Just drop that. You do not have to pursue that route.

You do have to replace the I-751 with one that only claims divorce. Remember that the affidavits should be notarized. USCIS says "sworn" are fine. Well, you always want to submit "best evidence". Like someone said recently, 500 sworn affidavits = 5 sworn affidavits and neither equals ONE notarized affidavit.
Great job on digging those Venmo receipts. Put them into context.

Always tie receipts to pictures, text messages/emails and method of payment.

In the evidence of cohabitation section, you want to account for every place of residence since you moved in together. If you are not on those leases, then you want to furnish a notarized affidavit of residence for those dates. All dates must add up. The notarized affidavits that your parents and her parents provide must mention where you two were living.
Since there were trips, dig up pictures/emails/text messages/receipts for those trips/Passport - immigration stamps! Use those to back up the affidavits.

I highly recommend that you furnish:
1. Advance health care directive around your child- discuss it with your ex-wife. If you two are not able to make health care decisions for your child, who would you designate. Hopefully, either her parents or yours.
- Then, notarize the advance health care directive and give it to whoever you designated.
- You can add another layer of evidence by asking the designated health care advocate to furnish a notarized affidavit corroborating that you shared the affidavit with them, and that they understand the responsibilities and expectations.
- Then share the advance health care directive with your child's pediatrician. Ask the physician to add it to your child's record. Then, get a note on letterhead from the physician or her/his nurse corroborating that on MM/DD/YY you shared the advance health care directive with them.

2. Financial power of attorney.

All the best mate!

USCFFS

[Houston2016]

Like most of the more solid evidence, it all links back to money which is problematic for me. Financially, I had nothing behind me.

I know the struggle of "no credit history" when you even cannot get credit on $400 TV with first payment of $399, but you have something more important then money! - your daughter!

Children were born as a result of the union. It's not too late to get that free pass.

Common Child is kinda free pass, we get one, as I was describing we totally screw up interview questions, also we didn't have much of other usual stuff like liaise, utilities bills... we are still have everything separately as it is easy for us to keep truck of our finances, but were approved same day, because we have a baby. At list i think that was the main reason.

Treat your baby girl as a timeline as well, show the evidence since you were told you are going to be father till now.
Find all that text messages, FB announcements, congratulations cards, pictures of you in the hospital, teaching her walk, feeding her anything.
Being a father has document trail such as day care/school amd doctors registration forms with you listed as a father and your emergency contacts. Call them and ask for a copy of that registration forms or at list the page with emergency contacts. May be your ex still has hospital discharge papers, where you are listed as father.

To get on board your ex parents in-law is a great idea!!! (thx to UScitizenFilingforspouse). Personally, I'd attached to my case cards with congrats on my new marriage from my ex-in-laws. If your ex-in-laws are on board with you is a very strong evidence as they are only on the side of their daughter and granddaughter!

If I was filing again I would follow the advice of UScitizenFilingforspouse ?show The Timeline? from the date you met till now. Including before and after marriage.
Even a bed relationship is a relationship! Only true married couple have real fights! Find evidence of those fights, disagreements, discussion that it would be better to go separate ways...- evidence why you have divorce and that you have tried to save your marriage but failed.
You wrote that you didnt went to marriage counseling, but I bet you tried to save marriage other ways, like may be go on vacation or you got her a present, or you were writing to your parents/friends complaining and asking for advice, think, you should have something to prove that you tried to save your marriage before final divorce. Use a story of your divorce as an evidence of bona fide marriage.
I hope you have a reasonable relationship with your ex, as she could help you to collect all needed evidence. I bet she has something on her phone or hard drive.
Just want to say, that your relationship with your ex now - could be proof of your bona fide marriage, strangers don't argue, don't discuss finances and so on....

Our daughter resides at two addresses. It is an equal 50/50 split regarding time spent with each parent. No parent has dominance over the other.
We pay for half of everything relating to our daughter (school/clothing/extra-curricular) - and proving the flow of money and money transfers between myself and my ex-wife is simple.

-show it, and most important explain in table of contents and maybe make a cover page with detail description, what that copy of bank transfers are proving: transfer of $500 for health insurance + $400 school.... total $xxx per month for last 2 years. Most of bank account online can filter by amount or recipient for period of time with print option.

What kind of proof would be needed to show that I see my daughter? Pictures of both her rooms at each residence? Videos of her living at both places? Statements from school and sports clubs that both parents participate/pickup/dropoff equally? Flight itineraries from the times I have taken her back to the UK?

yes, yes, yes. Not videos, but screenshots, i made a few screenshots from video where i and my husband were teaching our baby to walk. As i said before, also Emergency contact page from school and sports clubs registration forms.
When my son was flying with my husband i wrote a "CONSENT FOR INTERNATIONAL TRAVEL" if you had one, it would be helpful too or maybe you have evidence of discussion with your ex-wife about that travel, that she has no objection you will take your daughter out of US.

One of the best advices here: Organize your evidences.
UScitizenFilingforspouse wrote a big post about how it is not the officers job to connect dots and to understand/guess what proves what. make the officer job easier, explain in details what proves what.
Good luck!

[Y268]

I am currently in the process to have the conditions removed on my 2 year green card. The original filing method was spouse sponsored. However, the marriage broke down and we sat down with an immigration lawyer to discuss different options for filing the removal of conditions because a divorce was imminent. As we have a 5 year old daughter, I was told that filing using a hardship waiver/exemption was the best and most logical step. I filed 18 months ago. Two days ago (15th Spet 2018) I received a response citing insufficient evidence that the marriage was entered into in good faith and insufficient evidence that deportation would result in extreme hardship to myself or my child.

In order to receive the conditional 2 year green card, we already had to submit evidence that the marriage was entered into in good faith, and we endured a stern and thorough interview process. Our problem is that we don't have a great deal of solid evidence to support this - we were married in a courthouse due to me having just finished college (we had been together 4 years prior to marriage) - we decided to put off the ceremony until we had the finances to include both families and do it as we wanted, so there is no picture/video evidence which would strengthen our case. We've also never had joint ownership of any house or a joint tenancy agreement on any apartment. This is due to me having no credit history in the US at the time. When we tried to buy a house together the mortgage company would only lend the money to purchase if I agreed and signed documents stating I had no ownership or equity in the house. In fact, getting financed on anything has been a constant stumbling block during my time here - nobody will finance me at a fair rate (I'm paying 13% interest on a car loan).....but this is another story.

The only "joint" things we have are a tax return we filed together. We also have copies of state licenses which show the same address - and my ex wife has me listed on a life insurance policy she took out through her old job.

Regarding the lack of proof for extreme hardship - we have a court ordered consent judgement and joint stipulation. It outlines that we both have 50/50 custody of our daughter and neither parent has more rights than the other. We have a schedule whereby we each have her 3.5 days out of the week. All education, health and other decisions are made together. All finances and costs are split equally. We have documentation showing this. I don't understand how they can view deporting me as being anything other than extreme hardship. Psychologically it would break us both. I'm worried they view the court documents merely as an attempt by me to flout the law and they believe I'm nothing more than an absent father who supports financially from time to time - nothing could be further from the truth. All of the dealings between my ex-wife and myself are civil and amicable. The needs of our child are put first.

In their letter to me they do outline several additional ways to show extra evidence. Here are some which are relevant to my case:

- Potential effects of your deportation on your children and their dependence on your support, such as education, lack of familiarity with your home country, language issues, financial and health requirements
- Major disruption in your family life
- Potential psychological impact of deportation on yourself and your children

We are in the process of scheduling a therapist to interview our daughter and give a detailed professional assessment which we can then submit. As far as major disruption to family life goes, my life is based here. The 2 bed apartment I rent for my and my daughter, my car note, all other bills and commitments are all here.

If there is anybody who has constructive advice or has been in a similar situation I'd appreciate anything you think would help the situation. Is there something obvious that I'm overlooking?

Thanks for reading.

I am sorry. As I understand, you are married first then had interview thus get conditional GC, after that you divorced? That?s correct ? Then you want to remove condition on your card after your divorce

[bledgeway1]

Hi everyone. Thanks to everyone who gave advice on this thread. On Christmas Eve I received a letter from USCIS saying my application had been approved and the conditions of residence had been removed. I submitted quite a lot of extra evidence, the main things being a notarised affidavits from my former spouse and her mother attesting to the validity of both the relationship and the marriage. My 6 year old daughter was thrilled with the news also. Once again, many thanks and a happy new year to all.

[UScitizenFilingforspouse]

Hi everyone. Thanks to everyone who gave advice on this thread. On Christmas Eve I received a letter from USCIS saying my application had been approved and the conditions of residence had been removed. I submitted quite a lot of extra evidence, the main things being a notarised affidavits from my former spouse and her mother attesting to the validity of both the relationship and the marriage. My 6 year old daughter was thrilled with the news also. Once again, many thanks and a happy new year to all.

Congratulations! I know this is a lot to ask but would you share a bit more about the process? Did you file another I-751 to replace the original one? Did you switch to the divorce waiver? How did you arrange your evidence? Was the timline I created for you useful? Your situation is not unheard of, and it would be good for others in the same situation to know.

All the best,

USCFFS

[krypton9591]

Congratulations! I know this is a lot to ask but would you share a bit more about the process? Did you file another I-751 to replace the original one? Did you switch to the divorce waiver? How did you arrange your evidence? Was the timline I created for you useful? Your situation is not unheard of, and it would be good for others in the same situation to know.

All the best,

USCFFS

I just read through this entire thread over again and this whole thing still blows my mind. but Congratulations bledgway, I'm glad it worked out! and Happy new year to all!

[bledgeway1]

Apologies for delay

Hi, apologies for the delay. Let me give you a bit more info regarding the extra evidence I submitted. I basically submitted 2 binders full of extra stuff. One contained all additional documents and affidavits proving bona fide marriage, and the other was basically full of pictures, screenshots of ******** posts and texts, screenshots of venmo or money transfers. Overall, about 150 items numbered as such.

My initial response letter acknowledged the deficiencies of my original app and the oversight of not filling out part of the I-751 correctly. I did not need to re-file a separate I-751. I addressed the issue of checking the 2 different waiver request boxes, and told them that I now clearly understood I could not satisfy the weight of evidence needed to back up the hardship claim and that it was no longer my intention to file in this way (multiple waivers). I asked them to please disregard the oversight. It was a pretty apologetic and conciliatory letter.

I submitted copies of joint tax returns from 2014 through 2016 and family health insurance plans from 2015 & 2016

I drafted an affidavit for my former mother in law to edit. It talked of still being a part of family gatherings and always being considered part of the family and welcome. It was notarized.

We had a letter from the counselor whose sessions all 3 of us attended. 6 sessions in total. The main focus was on the behavior of our child and he we create a positive environment with the way we co-parent. She referenced scientific studies regarding children who become separated from their parents and gave her own professional opinion.

There was a supporting letter from our daughters kindergarten teacher outlining both of our involvement as parents in her school activities and her daily transport to and from school.

There was a 7 page notarized affidavit from my former spouse. This was basically the main piece of evidence and was written mainly as a timeline of our whole relationship from the day we met to the present day. Each part of the timeline referenced the numbered photos and screenshots from the other binder. There were things from when I first met her family and subsequent family events, as well as the times she came to the UK both with me before our daughter was born and then eventually all 3 of us. It was extensive and covered a lot.

Pictures of our Louisiana licenses showing same address and the address we filed our taxes from.

A load of flight itineraries from both ourselves and different members of our families going from both US to UK and UK to US. All tied into some of the numbered pics. Another itinerary and pics of a trip we took to Chicago.

Some other items I found while digging - Dated Valentines day cards and a list she wrote me. Dated Father's day cards she had wrote for me from our daughter. Graduation cards to me from her family.

Basically, the table of contents went from Exhibit A to Exhibit T, along with the 150 or so items in the other binder.

I remember boxing it all up and sending it off and thinking to myself I'd be surprised (and panicked) if the extra stuff didn't suffice. Obviously it was good enough as I had the card in my hand roughly 2 weeks later.

I hope all this info helps. Thanks.