My wife (american) and i had our interview to prove that we were a couple in december. I fel the interview went well and that she explained that i would need to fill out a waiver as when i entered america i said i was just visiting, when we actually had plans to marry and me to move there. Also brought up was an offence i committed in england which i was arrested and charged for. It was seven years ago and the forms sais that do you have any convictions which are not spent over 7 years and the answer was no so i never bought the conviction up until interview. Anyway the lady said that she would approve me for a green card as long as i proved that my probation was finished and that i could obtain a letter saying that it was. So i did this and we went to our attorney and now it has come to my attention that it is not this simple.
We have to prove extreme hardship and that my conviction when i was 16 (im now 26) might pose a problem in getting my green card. But this isnt what the lady said when we had our interview.
So now our attorney is putting together our waiver for the cost of a lot of money. I read somehwere that if you have an attorney the person who posted said that you would get denied. This worries me.
What also worries me is that my wife and I dont really have anything to prove extreme hardship, we havent even been married a year, we dont have a house of our own, we rent and the only debt we have is a 25000 dollar car.
We are both really worried that i am going to get deported over this, its really stressful because my wife is a proffesional dancer and thats all she has done since she was 3, if we were to move back to england nobody would hire her with only dance experience and i sold everything i owned in england to move to america.
Can somebody please give us some advice on this matter???
thank you in advance
Full Version: Im so annoyed right now
VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
My wife (american) and i had our interview to prove that we were a couple in december. I fel the interview went well and that she explained that i would need to fill out a waiver as when i entered america i said i was just visiting, when we actually had plans to marry and me to move there. Also brought up was an offence i committed in england which i was arrested and charged for. It was seven years ago and the forms sais that do you have any convictions which are not spent over 7 years and the answer was no so i never bought the conviction up until interview. Anyway the lady said that she would approve me for a green card as long as i proved that my probation was finished and that i could obtain a letter saying that it was. So i did this and we went to our attorney and now it has come to my attention that it is not this simple.
We have to prove extreme hardship and that my conviction when i was 16 (im now 26) might pose a problem in getting my green card. But this isnt what the lady said when we had our interview.
Was your conviction at age 16 or 19? If it was 16 and there was only one, it would generally not require a waiver. If it was 19, it will depend on what the conviction was for, how long the possible sentence could be based on the law under which you were convicted.
She should have told you specifically why you need to file the waiver. It seems from what you describe, misrep due to not mentioning the conviction is possible and/or visa fraud entering on VWP with intent to marry (how did this come up in the interview? Did you get married the day after you arrived? Had a tuxedo in your luggage with a wedding band in a box? - These are just rhetorical questions, no need to answer.)
So now our attorney is putting together our waiver for the cost of a lot of money. I read somehwere that if you have an attorney the person who posted said that you would get denied.
Having an attorney doesn't guarantee an approval nor a denial. But having an attorney that is familiar with what it takes to get a waiver approved is very valuable, having one that doesn't have lots of experience with waivers, is not going to be much help.
This worries me.
What also worries me is that my wife and I dont really have anything to prove extreme hardship, we havent even been married a year, we dont have a house of our own, we rent and the only debt we have is a 25000 dollar car.
We are both really worried that i am going to get deported over this, its really stressful because my wife is a proffesional dancer and thats all she has done since she was 3, if we were to move back to england nobody would hire her with only dance experience and i sold everything i owned in england to move to america.
In the waiver your wife needs to prove why she absolutely cannot move to your country and why she needs you here with her. Expand your thinking of possible hardships, show how they link together, include supporting documentation of every possible argument. Check this site for a great resource for waivers: www.immigrate2us.net.
We have to prove extreme hardship and that my conviction when i was 16 (im now 26) might pose a problem in getting my green card. But this isnt what the lady said when we had our interview.
Was your conviction at age 16 or 19? If it was 16 and there was only one, it would generally not require a waiver. If it was 19, it will depend on what the conviction was for, how long the possible sentence could be based on the law under which you were convicted.
She should have told you specifically why you need to file the waiver. It seems from what you describe, misrep due to not mentioning the conviction is possible and/or visa fraud entering on VWP with intent to marry (how did this come up in the interview? Did you get married the day after you arrived? Had a tuxedo in your luggage with a wedding band in a box? - These are just rhetorical questions, no need to answer.)
So now our attorney is putting together our waiver for the cost of a lot of money. I read somehwere that if you have an attorney the person who posted said that you would get denied.
Having an attorney doesn't guarantee an approval nor a denial. But having an attorney that is familiar with what it takes to get a waiver approved is very valuable, having one that doesn't have lots of experience with waivers, is not going to be much help.
This worries me.
What also worries me is that my wife and I dont really have anything to prove extreme hardship, we havent even been married a year, we dont have a house of our own, we rent and the only debt we have is a 25000 dollar car.
We are both really worried that i am going to get deported over this, its really stressful because my wife is a proffesional dancer and thats all she has done since she was 3, if we were to move back to england nobody would hire her with only dance experience and i sold everything i owned in england to move to america.
In the waiver your wife needs to prove why she absolutely cannot move to your country and why she needs you here with her. Expand your thinking of possible hardships, show how they link together, include supporting documentation of every possible argument. Check this site for a great resource for waivers: www.immigrate2us.net.
QUOTE(blueblue @ Mar 3 2007, 02:03 AM) 
Was your conviction at age 16 or 19? If it was 16 and there was only one, it would generally not require a waiver. If it was 19, it will depend on what the conviction was for, how long the possible sentence could be based on the law under which you were convicted.
She should have told you specifically why you need to file the waiver. It seems from what you describe, misrep due to not mentioning the conviction is possible and/or visa fraud entering on VWP with intent to marry (how did this come up in the interview? Did you get married the day after you arrived? Had a tuxedo in your luggage with a wedding band in a box? - These are just rhetorical questions, no need to answer.)
So now our attorney is putting together our waiver for the cost of a lot of money. I read somehwere that if you have an attorney the person who posted said that you would get denied.
Having an attorney doesn't guarantee an approval nor a denial. But having an attorney that is familiar with what it takes to get a waiver approved is very valuable, having one that doesn't have lots of experience with waivers, is not going to be much help.
This worries me.
What also worries me is that my wife and I dont really have anything to prove extreme hardship, we havent even been married a year, we dont have a house of our own, we rent and the only debt we have is a 25000 dollar car.
We are both really worried that i am going to get deported over this, its really stressful because my wife is a proffesional dancer and thats all she has done since she was 3, if we were to move back to england nobody would hire her with only dance experience and i sold everything i owned in england to move to america.
In the waiver your wife needs to prove why she absolutely cannot move to your country and why she needs you here with her. Expand your thinking of possible hardships, show how they link together, include supporting documentation of every possible argument. Check this site for a great resource for waivers: www.immigrate2us.net.
She should have told you specifically why you need to file the waiver. It seems from what you describe, misrep due to not mentioning the conviction is possible and/or visa fraud entering on VWP with intent to marry (how did this come up in the interview? Did you get married the day after you arrived? Had a tuxedo in your luggage with a wedding band in a box? - These are just rhetorical questions, no need to answer.)
So now our attorney is putting together our waiver for the cost of a lot of money. I read somehwere that if you have an attorney the person who posted said that you would get denied.
Having an attorney doesn't guarantee an approval nor a denial. But having an attorney that is familiar with what it takes to get a waiver approved is very valuable, having one that doesn't have lots of experience with waivers, is not going to be much help.
This worries me.
What also worries me is that my wife and I dont really have anything to prove extreme hardship, we havent even been married a year, we dont have a house of our own, we rent and the only debt we have is a 25000 dollar car.
We are both really worried that i am going to get deported over this, its really stressful because my wife is a proffesional dancer and thats all she has done since she was 3, if we were to move back to england nobody would hire her with only dance experience and i sold everything i owned in england to move to america.
In the waiver your wife needs to prove why she absolutely cannot move to your country and why she needs you here with her. Expand your thinking of possible hardships, show how they link together, include supporting documentation of every possible argument. Check this site for a great resource for waivers: www.immigrate2us.net.
I was 16 when the first offence was commited, it was burglary, however i didnt steal anything i just went into someones property. But it still comes under burglary. I was 18 for the second, which was for assault. It came up on the interview because she asked if i had ever been arrested and i said yeah, but it was over 7 years ago and was spent.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.