Essentially this is the deal. The thing keeping my wife and I from filing an I-601 is the fact that if it is denied she will have to wait 10 years to come back. Everyone should know this by now. How do you deal with that situation. Do you just say the hell with it and do it anyway. Is that true you can keep on re-filing a I-601.

Consider if you working with an attorney. As long as you keep trying and you are serious and correct the mistakes will you eventually get an approval. Is this statistically accurate?

There would be nothing to stop you moving to your spouse's country....

Kez

Other than earning a living

Finally I hear a person in here that have the same pain and thoughts we had for only 1 year ago. And it went out succesful anyways for us for only a half year ago.

It's not through that nothing can stop you from going to your spouse's country.
In my case it would be almost impossible if my husband should go to my country faster than I could go to him.
He have ties here in US that would be very hard to leave, in fact he couldn't before his son was old enough to be allowed to take him with him to another country. He has shared custedy over his son and the son lives with him.

We didn't even had an alternativ if I was denied after filing I-601.

But today where I am approved I can see that it's so much worth it to file this from the beginning and not deal with this after you finally are together.
It's a tough waiting time and a risk. But this risk you won't have later when you continue the apply for adjustment.

What is your story?

Anette

steppinthrax, I think you first have to approach the whole process with the idea that your waiver WILL be approved. If you don't do it, you'll never know. If you do do it, you have a shot. If it is denied, you appeal or file a motion to reconsider.

You won't eventually get an approval if you don't eventually prove extreme hardship. Doing this is not nearly as difficult as you might think. But I would suggest that given you will be filing in China, where approval rates are known to vary, at least consulting with a qualified, experienced attorney who has experience with waivers in China would be a wise first step. Your arguments and your evidence are key, and you need to be 100% sure you that you understand the requirements.

I wrote my own hardship letter after an attorney consult and about 6 months of research on the process and requirements. I backed up each point with evidence, documentation and statistics from recognized, legitimate sources. I included doctors letters, nurses letter, medical records, financial information, etc. I have NO doubt it will be approved because I know I provided all of the necessary evidence, and because I know what my consulate looks for. If for some reason it is denied, I will have no choice but to move to his country and make a life there until the 10 year ban has passed.

Start by doing research and consulting with attorneys (those who have track records specifically with waivers, in China). Once you get started and are armed with information, I think you'll feel much more confident. Good luck.

I don't have experience with appeals on I-601

But I think it is very importent that you are doing it the right way the first time because you need to emprove and come up with alot more evidence on an appeal.

Even this forum is very good to advice you, I suggest that you are hiring a very good attorney