My wife's I-601 - needing urgent help/advice.

[chrisaivey 3]

I don't know if I am allowed to post a ton of information here about this, but here goes.

My wife came into the country at 15 on a visitor's visa with her mother, father, and brother. She overstayed the visa, and worked. She left the country at 17 - and wanted to come back at 18. She used a fraudulent outdated stamp and made it to Georgia, and then was voluntarily deported. She was banned for 5 years, and permanently banned for the fraud backdated stamp. At the consulate interview, we were told we were eligible to apply for the I-601, and was told we have a pretty good shot at getting it from the consulate.

Her ban was under SECTION 212 A 6 C I

Now here we are today, I am working on the folder to send in.

Here is the letter so far.

_____________________________

I, USC am submitting the I-601 application for my spouse, ALIEN. My wife and I have been together for nearly 7 years. We became more serious back in 2009, before that we were the best of friends. ALIEN saved my life, when we first met. I was 550lbs, she was 120. She got me into fitness, and living a healthy lifestyle. I now weigh 230lbs. I owe it all to her. She gave me my life back! We decided to share our life completely and get married in 2013, when I was head over heels in love with her and knew I couldn’t be without her. Since that day, we have been working on our paperwork so we can be together within the United States and live a happy life together. We made it all the way to the interview at the US consulate in Lima, Peru until we finally heard news about ALIEN life time ban she acquired when she was young. She made a grave mistake, and I am beyond terrified on what the future will bring if this appeal process does not work.

I am writing this letter to explain the extreme hardships that we both would go through if my wife is not allowed back into the United States.

My Grandfather:My wife is needed in the US badly to help take care of my dying grandfather who is a veteran of the Korean War before he passes.Alzheimer’s is taking my grandfather’s life rather quickly; his mind is slipping away more every day. With my being away to be with my wife in Peru, months in Peru, months in the States, he is progressively gotten worse. He has been fighting and hanging on to meet and be with my wife.He lights up like a Christmas tree when he hears my wife’s name.He has moved to a higher care because of his needs. He needs 24 hour supervision. Every day he is forgetting more and more, and the worse he gets, the more we have to invest on his health. I need my wife with me in the United States not only for sentimental reasons, but to help me financially to be able to afford the cares I have to provide for him. A task impossible to do on one income.

My health:I honestly don’t know what I would do without my wife, I have left her many times in Peru, when I have to come back to the United States due to my Peruvian visa expiring and needing to work some more – I fall into the deepest depressions. I can barely function, I have never suffered from depression or anxiety attacks, but when we are apart, and I deal with these on a daily basis. Now, more than ever, knowing that there’s a possibility that I may not get her to be with me, I am considering getting professional help to deal with my night anxiety attacks, and to get help with the amount of stress we have been enduring going through this process. It’s not only that I miss her deeply; it is the constant fear of not being able to start my life with her, and being apart from the one person who makes my world better.

ALIEN , my wife, is needed within the US to help me financially and health-wise. Soon, I will be getting the necessary funds together for my excess skin removal from the drastic weight loss(full body). Although this might seem like a surgery I’m choosing to have because of aesthetics, it is not my case. I have gone through such massive weight loss, that my skin has become brittle to the point of breaking if I have to perform certain activities. I need to have surgery done before it becomes impossible for me to perform everyday tasks and becomes dangerous. I have only my mother to count on to help me back on my feet, and she would only be able to watch for me at night since she is needed at her job for sometimes 10 hours or more a day. I need my wife there to look after me, to assist me in my recovery and to also, help me cover the funding of such an expensive procedure.

School and work:When it comes to hardships, I believe one of the biggest ones would beif I had to move to Lima, Peru to be with my wife. It would literally be next to impossible. First of all, I would have to leave my grandfather behind, which would not only break my heart, but would be cruel to leave him unattended at this stage of his life. My mother is in no position to care for him on her own since she has health problems of her own. I do not speak Spanish at all; my wife is the bilingual one, getting a job with a broken Spanish would prove very difficult. I graduated with a degree in Computer Science, a field that is just developing in Peru. Getting a job in Peru doing what I know is highly unlikely. If I could get a job, the amount of money I would get paid would be nothing compared to what I’d be entitled in the United States. I have worked so hard on my degree to be able to provide a good, stress free life for me and my family, the salary I would get would not cover the expenses I would have. Computer Science is something that is just becoming known and recognized as a career in Peru.

Security and Unemployment:I have been to Peru countless times over all these years. It is a beautiful country. However, we cannot ignore the problems it faces and the hardship it would bring me to move down there. As you can see in the presented documents, though Peru has grown at a steady rate in these years, it still faces very high rates of unemployment. It would bring such hardship to live in a country that doesn’t guarantee you a future, not because you don’t have the knowledge, or because you don’t have a degree, but because just like you, there are 500 others looking for the same position. Let’s discuss security. The last time I was there, crime rates were off the roof in Lima. Living with my wife’s family, I saw every single day, the fear they have every time they leave the house. I don’t know how we would raise a family in a place that provides no security for our wellbeing. A place that is chaotic and dangerous in the best areas. I would love to visit and see my wife’s family over the years, but I refuse to start living in a place in constant fear.

Her Health:Another concern of mine is my wife’s health. She has been having knee problems for a while now, finding no answer in Peru. We had been hoping this would all end after our interview, so that she could be in the United States and get proper care. The doctors in Lima Peru have very overpriced equipment to treat what we believe is arthritis in her knees, we cannot afford this at all without her being on my insurance in the United States. Withoutthis waiver- and I hope it reaches understanding ears – my wife can face lifetime wheelchair bound, or worse, bone deformities if this continues without being treated.

We were hoping we would not run into any troubles at the interview, until we learned about her permanent ban – she did not even know about it at the time, only the 5 year ban that she received.

In conclusion, my wife did break the law. She was brought to the United States first when she was 15 by her parents, and left when she was 17. She overstayed, and worked on the wrong type of visa. She tried returning at 18 years old with a back dated stamp advised by her parents. However, during the time she remained in the United States, she respected the law wholeheartedly and was never arrested in anyway. ALIEN was deported voluntarily in 2004 on entry. She knows the mistakes she made. It was a time of desperation for her and her family. I don’t justify her mistakes, nevertheless I ask my government to give her a second chance. A chance to redeem herself and prove to be the wonderful citizen I know she can be.

I hope I can provide enough documentation and pictures to prove all these hardships. But more than anything, I hope the person who reads this can understand how not getting this waiver could impact our lives, and can provide us with the comprehension we need to be able to start a new chapter in our lives. Thank you for your attention in advance.

______________________________________________________________

So far, this is the latest rough draft. I have added in my new draft -> about Lima, Peru(where my life lives) having the worst air pollution out of all LA cities. I have added my wife and I's urge to start a family, and how the crime, air pollution, etc. would be dangerous for the child's health.

Also I have added:

I, USC, hereafter referred to as USC, declare under penalty of perjury, under the laws of the United States, that the following is true and correct.

To the top of the I-601 waiver.

I have documentation of my mother's heart disease on hand, information/notes from my grandfather's doctor(s) and bills for his care, pictures of my excess skin, pictures/information on my wife's knees, pictures/information on the crime in Lima, Peru, pictures/information on the air pollution in Lima, Peru, pictures/information on the job market in Peru - the average Peruvian makes 500$ a month, which would literally be my whole paycheck to a student loan. I have also information on there being little/no master degree programs for Computer Science in Lima, Peru. Lastly, I will have a letter written from my mother who is also an American Citizen born and raised.

With all of this - I am an American Citizen born and raised.

My question - what are my chances? Give it to me hard. If there is any advice/help I would love this as well.

I have this document, the G-325 printed out with my wife's information on it, and all the documents I said a paragraph up supporting my claims. Is there anything I should have? I've been living and breathing this with research and more over the past 7 days since my wife's interview. I am exhausted, can barely sleep since I cannot picture life without my wife right now.

Edited June 26, 2015 by chrisaivey

[Hypnos 6,576]

If possible you should at least try to consult with an immigration attorney experienced in waivers. Recommendations can be made here if that's something you're interested in.

I personally wouldn't advise anyone to try and file an I-601 or I-212 themselves without at least speaking to an attorney, even if you ultimately do not wind up hiring them.

Edited June 26, 2015 by Hypnos

[LoveMyTico 999]

Try to search for laurel scott. She is an excellent lawyer who posts info about waivers. Read the guides about waivers on here and then over on immigrate2us they have tons of waiver links. Also, join the i601 waiver group on Facebook. You can get alot of questions answered there. There is a list of hardships by severity. Remember...your wife is submitting the waiver. You'll want her to write a statement in her own words. Look up samples. You want to be careful what you write.

Edited June 26, 2015 by LoveMyTico

[chrisaivey 3]

Try to search for laurel scott. She is an excellent lawyer who posts info about waivers. Read the guides about waivers on here and then over on immigrate2us they have tons of waiver links. Also, join the i601 waiver group on Facebook. You can get alot of questions answered there. There is a list of hardships by severity. Remember...your wife is submitting the waiver. You'll want her to write a statement in her own words. Look up samples. You want to be careful what you write.

Wait.... so my wife is submitting the waiver? I am the American Citizen.

The consulate guy said since I am married to her, I am the one submitting the waiver to remove her permanent bar to obtain the visa.

Thank you for all the information!

[mrskvelasco 30]

I would definitely consult with a lawyer experienced in filing waivers, many of them have low or no consultation fee.

As far as your letter, remember, your hardship letter needs to explain why you can't move to Peru AND why you need your wife here. I think your arguments are good, you just need to beef them up. For example, can no one else take care of your grandfather? What health problems does your mom have? Why can't he live in a nursing home? Also, I'd provide some evidence of your current income and total expenses. What is the recovery time for the surgery and what won't you be able to do in your daily life that you need your wife for?

Good luck!

[chrisaivey 3]

I would definitely consult with a lawyer experienced in filing waivers, many of them have low or no consultation fee.

As far as your letter, remember, your hardship letter needs to explain why you can't move to Peru AND why you need your wife here. I think your arguments are good, you just need to beef them up. For example, can no one else take care of your grandfather? What health problems does your mom have? Why can't he live in a nursing home? Also, I'd provide some evidence of your current income and total expenses. What is the recovery time for the surgery and what won't you be able to do in your daily life that you need your wife for?

Good luck!

Thank you!!

Exactly what I am looking for mrskvelasco!!

Affording a lawyer for this is out of the question for me, when the ones in my area cost around 5k-11k$ and the two I have looked at(I like in TN) cost quite a bit for consultation as well. I made it through the I-130 and the NVC without one, I think we can make it through this one as well...?

[LoveMyTico 999]

Its her waiver. Its not like the i130. I had a lawyer write ours up. It was straight and to the point. Your broken heart is not a hardship. You'll need proof of all medical claims. I signed a hipa form for the lawyer to have access to all my daughters medical records for her brain tumor and my 84 year old mother signed a hipa form letting the lawyer have access to all her records for every doctor. I submitted paystubs and custody agreement stating I could not take my daughter out of the country. Also repair estimates for the house. If you're having surgery, I would submit an estimate of the costs all broken down including after care if your wife wouldn't be granted the waiver. Submit something about medical care being far superior in the US. No family to support you if you were to relocate... You have to present facts and then the proof to back it all up. Our waiver was as thick as a ream of copy paper and it was separated with colored tabs and the lawyer did a cover letter with a table of contents. Leave out the heart break part and state straight up facts and stay on point. Good luck.

[LoveMyTico 999]

the waiver is far far far different than the i130 and nvc. Trust me. The waiver is no joke. You want the waiver to be correct the first time. You don't have to use local lawyers. You can use whatever one You want. Our lawyer cost a flat fee of $5000 plus the filing fees. I ended up doing the nvc myself because the lawyer made too many mistakes and he was too slow. I only needed him for the waiver. I ended up getting the waiver expedited for financial reasons. My unemployment was ending. I needed my husband here to help maintain the house.

Thank you!!

Exactly what I am looking for mrskvelasco!!

Affording a lawyer for this is out of the question for me, when the ones in my area cost around 5k-11k$ and the two I have looked at(I like in TN) cost quite a bit for consultation as well. I made it through the I-130 and the NVC without one, I think we can make it through this one as well...?

[chrisaivey 3]

Its her waiver. Its not like the i130. I had a lawyer write ours up. It was straight and to the point. Your broken heart is not a hardship. You'll need proof of all medical claims. I signed a hipa form for the lawyer to have access to all my daughters medical records for her brain tumor and my 84 year old mother signed a hipa form letting the lawyer have access to all her records for every doctor. I submitted paystubs and custody agreement stating I could not take my daughter out of the country. Also repair estimates for the house. If you're having surgery, I would submit an estimate of the costs all broken down including after care if your wife wouldn't be granted the waiver. Submit something about medical care being far superior in the US. No family to support you if you were to relocate... You have to present facts and then the proof to back it all up. Our waiver was as thick as a ream of copy paper and it was separated with colored tabs and the lawyer did a cover letter with a table of contents. Leave out the heart break part and state straight up facts and stay on point. Good luck.

Thanks for the amazing info man, I definitely appreciate it.

I am extremely confused though. You're saying its her waiver - but everyone else tells me differently. I am petitioning for her to be forgiven is how I understand it. Also, I agree with you on the broken heart part, I am sure the I-601 adjudicator reads about depressions and so on every moment of the day. It is why I decided to just go over it with as little as possible since it is kind of a "well duh" part.

So how I understand it - Yes shes filling out the i-601 form(s), but I am the one writing the I-601 letter of hardship(s) and supplying the supporting documents of the hardship(s).

Correct?

[LoveMyTico 999]

waiver is for your wife to ask ro be forgiven and the ban to be waived so she may enter the US again. When we filed the waiver...the USCIS refused to speak to me ( the usc petitioner) because it was my husbands waiver. So I had to get my husband on 3 way and have him on the line so the USCIS would talk to me. The USCIS said the waiver is my husbands and i was not allowed to receive info. We even had the senator's office make inquires and I saw the response from the USCIS to them stating they were only to share the status with my husband. Since you're filing without a lawyer you might be able to call for status...I'm not sure about that. But yea....the waiver is your wife's. Research on immigrate2us. They have samples. Lots of people over there filed without a lawyer. Spend a few days reading their pinned posts.

Edited June 26, 2015 by LoveMyTico

[chrisaivey 3]

waiver is for your wife to ask ro be forgiven and the ban to be waived so she may enter the US again. When we filed the waiver...the USCIS refused to speak to me ( the usc petitioner) because it was my husbands waiver. So I had to get my husband on 3 way and have him on the line so the USCIS would talk to me. The USCIS said the waiver is my husbands and i was not allowed to receive info. We even had the senator's office make inquires and I saw the response from the USCIS to them stating they were only to share the status with my husband. Since you're filing without a lawyer you might be able to call for status...I'm not sure about that. But yea....the waiver is your wife's. Research on immigrate2us. They have samples. Lots of people over there filed without a lawyer. Spend a few days reading their pinned posts.

Did you write your hardships since you're the American citizen you were going to face without your husband being there then? Or was it your husbands hardships wrote about for him not being allowed within the US?

[LoveMyTico 999]

My hardships. The uscis doesn't care about the hardships for the beneficiary. The hardship is for the usc.

Edited June 26, 2015 by LoveMyTico

[Boiler 43,388]

I would head over to immigrate2us.net and read the approved waivers there.

[Hypnos 6,576]

Liz Cannon is another highly-regarded lawyer when it comes to waivers in particular.

[Jawaree 717]

OP every point you make has to be backed up by proof

show you are responsible for G/dad & medical records,

find the facts on unemployment & crime in Lima & add

any medical you have even a bunion get your doctor to

give you a report on it. Ties to your church community

and loans you may have outstanding in the US.

Missing her or broken hearted does not count, they don't

care about your wife hardship, Do not put that you are

depressed & thinking of going to the doctor, depression

counts only after long term treatments, a one time visit

ti the psyche hold no merit.

Have you thought about a waiver atty writing a brief based

on your hardships....Some wont but a few will. Liz Cannon

is good & does free phone consuts