I 751 hardship waiver and child custody

S

sab78

New Member
Hello all

I have a child custody of my 3 yr old son and my ex have visitation rights. My conditional green card expires in March 2011. My divorce is in proceedings and its a contested divorce unlikely to settle soon.
How likely it is for I 751 hardship waiver to be approved based on, showing hardship as child custody( cant live the 3 yr old son and leave the country) and child has a medical condtional of asthma.
 
First of all asthma is not considered a serious medical condition at all.
Basically at this point you have to prove that you entered the marriage in good faith and the having a child plays a important role.
Start accumulating papers for joint assets, insurances, residential lease or purchase agreement etc, the more the merrier, as these will establish among other things that the marriage was entered in good faith and not to evade the immigration laws.
You having the custody will not be a deal breaker here but having a child out of this marriage does.
 
Last edited by a moderator:
Did you get your green card based on marriage to your son's other parent? If yes, your I-751 waiver will be approved easily. Just make sure to include your son's birth certificate with the application.
 
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