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Filing form I751 with a hardship waiver. What are the odds for denial ? Processing times?

Alexandria, VA |

I got married on August of 2011 couple moths after filled for a green card . Receive my green card on 2012 now the time of expiration is coming and unfortunately we got divorced . She won't file with me again . Forgot to mention I have a us born child with a different woman . But I have the full custody since she's married and decided he could live with me . Will he be a good ground for immigration to allow me to stay here? ( I do have some documents, bills , etc from our marriage but I guess not enough to convince USCIS)

Attorney Answers 3


If you think you do not have enough documents to convince USCIS that your marriage was bona fide, this would be a good time to hire an attorney to help you with the application.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Thank you for your response! So my son won't be good basis ? Will hire a lawyer ASAP

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina


You are welcome. You still have to prove that the marriage was entered into in good faith, son or no son. Good luck.


You must be able show that your marriage was bona fide.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You must show that your marriage was bona fide. You should hire an attorney in your area to at least review your case. I'm in your area and provide free consultations.

The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.

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