Hi everyone,

So Dean and I haven't started our I-130 yet but after talking with a CO at the embassy in Belize we know that we will probably have to file a waiver. Here's the problem:

I have already lived in his country for over a year and own a business there. I have been back in the states (with the exception of a few visits) for the last 9 months. I am in a Master's program over here for teaching and am planning on going back to Belize to teach. Either way we plan on getting Dean his visa so we have the option of living here in Texas after the next couple of years. But if I've been living in his country already and then I go back to live and work...what is that going to look like as far as proving hardship? I'm wondering if anyone has experienced anything like this before. I don't have any medical issues (knock on wood) that would pull me to the US. The only thing I can see changing with us in the next couple of years would be us having a baby. And that's not for sure.

Please, I accept any and all advice in regards to this matter. Thank you so much and if you need addtional info. on my story, let me know. Just for all those that already know it on VJ...I don't want to keep making them re-read it over and over

Thank you!

Erin

Was it the female or male CO?

Male...which I'm pretty sure is the nicer of the two. I've met the female as well. Also, this was just about one month ago.

If you will have to file a waiver in Belize, it would go through the DHS office at the Guatemalan US Embassy and would take about 6 to 8 months. The pilot program for waiver processing is only at CDJ. I suggest that you consult with a lawyer to help you with the hardship letter if you don't think you have a strong case.

Right, thank you. But I'm wondering if anyone has any experience with I-601's getting approved if they have been living in the foreign country, like I have and plan to continue in the next 6 months. How will I prove hardship if I am living in Belize?

Hardship is based on what would happen to your life if you were forced to relocate permanently to his country because of a waiver denial -- try looking at it from that point of view and it may help. Also, if you are living there temporarily or going back and forth, there is absolutely no reason for the adjudicator to know about it - it's not against the rules either since they cannot prevent you from spending time there.

It may also depend on the reason for the needing the waiver in the first place -- if you are talking about a legal visa overstay, for example, it's one thing. Criminal conviction is a different story.

Hey Erin, I'm in a similar situation. I'm the USC but I've resided in New Zealand for the last 4 years but now want to move home with my husband, he overstayed so we will need to file a waiver. We've hired Laurel Scott to help us with our waiver because I'm afraid I dont have too many strong arguments either. But, I did raise the question with her regarding whether or not me living in New Zealand will hurt my case and she said it doesnt matter because the objective is to prove that the current situation can not continue, which is me remaining in New Zealand. So we're trying to dig up all the hardships I will face if I have to stay here. Fingers crossed we get that approval! I hope you do too.

Cheers

Thanks for the advice everyone! I do plan on having a phone consultation with Laurel Scott but that is just about all that I can afford. I'm going to have to do this on my own and with all the wonderful people here on VJ and immigrate2us.net. I appreciate all the help offered.

My husband did not have an overstay. For those that don't know...it sounds horrible and I really don't need any bashing, so please refrain, if possible. My husband used to come up to my border (Texas/Mexico) when I couldn't afford to go down to Belize. He had tried for a tourist visa first but been denied so he just came as close to me as he could. The last time he came to see me, I thought it would be a bright idea to just drive across the border and hang in my hometown for a week or so. I know how stupid this was. Even more stupid, it's not like I even planned on him staying. I was more concerned about how he would return to Belize. You have to have a Mexican visa (which he did) and it only have him a short time for travel. I didn't want him to have any hardships when returning to his home so we were really going to just go back in a week. It always meant so much to me to have Dean meet my Grandmother and Grandfather. They can't travel anymore and they are the two most important people in my life. I just got way too confident over the whole thing. He did NOT want to do it. I pushed him like crazy because I sit around and watch it happen so easily every day. I don't know what I was thinking. I was desperate. Anyway, we didn't make it across the border. I told Dean that if they ask him where he is from to just say he is American. He did and they know better and we were taken in for questioning. We were seperated and both very honest. When our stories matched up, they were really nice to us because they deal with worse all the time. Nothing was handled criminally but it is in the system. They let Dean just walk back across. So it's noted for misrepresentation and fraud. It's a horrible thing. I feel so guilty that I have influenced this upon him, especially since he had a perfect record before this.

So there it is. Sucks to be us. I guess it's what we get. Anyway...thanks again for any advice. I really do appreciate the help.

Best,

Erin

There are two types of misrep: misrep which is waivable and impersonating a USC which is not. As he told them he was an Amercian, you should make sure that his record shows the former not the latter. No matter how nice they were to you at the time, all that matters is what they noted in his file. Is there a stamp in his passport that indicates what they charged him with?

On a more optimistic note: My husband entered the US with false docs (not false US docs--the critical distinction) and we, after much work, got a waiver approved although I was living in his country.

jpaula....thanks for the heads up. Nothing was noted in his passport. They kept telling us that they weren't handling this criminally but rather administratively. We weren't even sent away with any papers. I've really never been able to see anything on it until we decided "what the hell" and tried for a travel visa in late Feb. of this year. We knew that was a long shot but without this illegal matter, we probably would have had a shot because his ties to Belize are a bit stronger now than before.

Anyway, when denied for the tourist visa, the CO handed us the denial paper and wrote at the bottom just "Misrepresentation and Fraud." When talking to him I feel like I remember him saying something like, no he is ineligible for a non-immigrant visa because he claimed to be American and he's not. Talk about a mess that I got my husband in to. I regret this everyday. Then when I asked the CO what we should do, he said file for him (I-130) and then you will need a waiver. That was it and then we had to go.

What do you think????!!! Not looking too good for the hometeam is it?

I'm so miserable with this completely idiotic decision of mine

If you don't already have one, you really need a lawyer.


http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

(ii) FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.

I would get some hope out of the fact that he told you to file a waiver. However, it is not the CO that will adjudicate the waiver. In theory, the DHS office that does so will know more about immigration law and will realize that, if he claimed US citizenship, it is indeed misrepresentation, but if the sort that is now waivable. This is, in my mind, a ridiculous distinction the law makes, but it is there none the less. Future immigration reform may change it and I hope, for your sake and many like yours, that it does. For now, I think you have to ask the CO exactly what you will be denied for (see kitkat's post above). They have to gove you the official grounds of inadmisibilitly. This info will tell you where you stand and give some idea of what to do next.

Best of luck to you from someone who has been there and lived to see the other side.

I hate this!

It really does seem that I better get used to the idea of living in Belize for the rest of my life. This isn't the most horrible thing on earth or anything but the thought of not ever having Dean be able to come see my home makes me very sad. I also believe that I ruined a part of his life. Damn this mess!

honestly the only advise is I would WAIT to have a baby. nothing worse than planning a family and your family is broken through the immigration process. I think you should do what it takes for the waiver to be approved. I know people on here that will tell you the waiver process is not 6-8 months. I know people waiting for years and still waiting. we are not even in the waiver process and our petition alone has taken over 2 years. my husband feels sad because, he thinks what if we had a baby. he would never know his baby.

case in point a member on VJ has a child with a man overseas. they had a baby. they have been fighting the waiver process 14 years. the child still dont know her father like she should. the child is a very healthy and active teen. think about that.

Perhaps take note of Briluke Nyla's story - sad but similar maybe? Different country but could be similar notation?

http://www.visajourney.com/forums/index.php?showtopic=62278

I am truly sorry for your situation. Our situation like jpaula is a completely waiverable form of misrep....it was clearly stamped in his passport and he was given a copy of his interview from his denied entry. And they let him go home with no problems. We knew and the interviewing consulate at Juarez knew the entire incident, had a copy of the report we had and so there was never an issue of if he was going to need the waiver or not. The BIG difference here is like KitKat stated, since in your situation there was a false claim to being American, there is a good chance the consulate will see that and not allow you to file a waiver, since it is the section of law under misrep. that is not waiverable.....You really need to get an attorney and find out exactly what is in the system about your incident, especially since you say they gave you nothing and did not stamp his passport......Good luck and I hope you get the opportunity to file a waiver.

Hmmm...I definitely think it's awfully when the dad has to go back to his country and misses out on big events in his child's life because of the wait. But 14 years? In 14 years she has never taken their child to her father's country to visit him? I don't know the specifics, but that sounds bizarre.

Yes, even though when the incident took place, they didn't stamp anything in his passport and no papers were given to us...I'm pretty sure it's in the system as misrep because that's what the CO at the embassy in Belize said. He didn't tell us that a waiver wouldn't work for us but who really knows. Maybe they want you to spend the money and waste your time. He just told me to file for him (I-130) and then we will need a waiver. It sucks!!!! I will live with regret forever over this. I'm just waiting to get some money together and talk to Laurel Scott.

Thanks for all the advice. And just to clarify...I wasn't trying to say that I was for sure planning on having a baby and then keeping it separate from the father. I had just said that that may be the only thing that changes in our relationship over the next couple of years. I wouldn't get pregnant or have a child just to try and make our hardship letter look better. And if I do have a child and we don't have any luck with immigration...I will just continue to live in Belize.

I am a legal assistant at an immigration law firm and I agree with the following of what people said.
1- do make sure there is no false claim to citizenship on his record. There is a permanent bar for immigrant visas for this (however, not for nonimmigrant, interestingly)
2- you do need to get an attorney. it is worth the money. any little stupid mistake can cost your approval.

in solidarity,

(we have our IV appt in marc and our waiver appt in april),

delalunaluna