How are you to prove extreme hardship if no one in your family has a medical condition, no kids involved and the foreign spouse's country is safe, english speaking and the USC is able to work there? The real hardship for us would be the fact that I've been seperated from my family already for 4 years and can't handle being away from them for a further 5 years which I know immigration won't care about so basically we have no case, right?

Are there people that get waivers approved that dont have the hardships I mentioned above?

I don't understand what you mean about being away for 5 years. What type of visa would you like to petition for, a fiance visa?

If we are to wait out the 10 year ban we'll have to remain where we are for another 5 years....we are wanting to petition for a spousal visa.

Hardship is based on what would happen to the USC if the spouse's visa is denied and the USC if forced to relocate permanently to the spouse's country. There are many, many ways to prove hardship although medical is the number one. Without proving extreme hardship, waivers are not approved. You may find some help on immigrate2us.net in the 601 forum where there are examples of approved and denied hardship letters. Good luck.

Here is the "official" list:

Extreme hardship can be demonstrated in many aspects of your spouse or parent’s life such as:

HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.


FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).

c. EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

d. PERSONAL CONSIDERATIONS - Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

e. SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

f. Any other situation that you feel may help you meet the burden of extreme hardship.

The hardship letters are measured in Levels. Here's a link I saved which I will use to help write mine. I qualify under all the terms of a Level 2. Dig deep - im sure your family needs you home as much as you want to be home. The fact that you've been seperated from them is proving to be a hardship, right? Well go into detail about how its affecting you. Im currently trying to find hardship example letters to give me ideas on how to construct one. This waiver of mine wont kick my a$$ lol I would start on your hardship letter right now so you can perfect it before the actual waiver is submitted. Good luck.



Hardship Letters

Unfortunately, being separated is not a hardship in and of itself.



Look at immigrate2us.net in the 601 forum where there are examples of approved and denied hardship letters.

Not in itself its not a hardship but if the separation from her family is causing her or her family any kind of emotional instability and that can be proven (like she's on prozac for depression or something) then it will certainly help. If I were her I would just add whatever possible and hope for the best...its better than not even trying.


I want to try that damn site lol - it doesnt like me!