Removal of condition waiver based in extreme hardship got RFE

[sumita2011]

Hi All,

I need help. Just to give some background. I got conditional green card through marriage to USC 2 years ago. We did not file for joint petition for removal of condition in time becasue me and my husnband had difference of opinion in terms of moving back to India. But I went ahead and filed for Removal of condition waiver based in extreme hardship. I recently got Request for more evidences. Unfortunately the evidence which USCIS has asked is almost impossible to produce. I have talked to my husband and he is now ready to file for Joint Petition. We have few questions here.

1. Now that Extreme Hardship petition is already pending, would it be advisable to file Joint petition ? Or should we withdraw the Extreme Hardship petition first and then after withdrawl confirmation fire joint petition.

2. Let us say we file joint petition with a reason for delay. What are the chances of getting it approve. I have heard they usually call for interview. Any experience or ideas. Please share.

I appreciate your help.

Thanks
Sumita

 

[BigJoe5]

You can file the joint I-751 with an explanation of the late filing circumstances CONCURRENTLY with a withdrawal of the prior I-751. The chances of approval, as with everything, is totally dependent on the evidence submitted.