I-601 Waiver

[Wearynot 1]

Hello, I am new here and looking for people who have had experience with I-601 Waiver. My husband and I are in the process of gathering information to document evidence of Extreme Hardship upon my USC husband if I am deported. Would thank those who are willing to share their experiences good and bad.

Edited September 1, 2015 by Wearynot

[LoveMyTico 999]

Are your already in the US or are you in your country?

[Wearynot 1]

Hello LoveMyTico. Thank you for your interest in helping me out. I have been in the US for almost 8 years. I entered on a K1 Non-Immigrant visa petitioned by my ex-fiance. It is embarassing to say but things did not work-out with my ex-fiance. I wish I have a better sense of choice back then but virtue has been taken away from me and I felt ashamed to go back home. With help and support of friends who are USC's, I decided to stay and as a result overstayed my K1 visa. I met my husband now a year later after my K1 visa expired. This was in 2009. Back when I-601A process was not yet in place. We were married in 2010. We have been married for 5 years now. We don't have children. We are physically unable to have children but in other ways generally healthy. We filed Adjustment of Status twice but were denied at both times. The first appllication was filed by us without outside help. The second time we hired a lawyer and was denied again. At present, he is "trying" but (I feel not really trying) to help us. We are left with our own strength and simple minds to draft letters and compile them all...my husband works full-time so I am left to gather all documents that I can until he is ready to look at it. Some guidance and sharing of experience from those of you who have gone through a similar journey will be much appreciated. Thank you so much and have a wonderful day.

[Jawaree 717]

You will need atty help for sure because leaving the country to AOS will

be the only way at your consulate who will then require that you file a regular I 601l

short of an over-all amnesty right now there is no other way to adjust having entered

on a past K1, did not marry that petitioner & overstayed.....I'd suggest you do a free

consult via phone with Liz Cannon *google her) who will give you the real macoy.

Hardships with no kids or medical I would say even if the USC has only a sinus prob

start getting treatments for it for a medical trail, have good solid answers & proof

what happened with the former fiancé, your cointry conditions, the USC ties to the

community, lies to family ,church etc,, the hardship is on the USC not you

Oh yea you will need a waiver specialist, not even knowledgable lay persons would

try this alone...it is not a DIY project

[newacct 688]

Hello LoveMyTico. Thank you for your interest in helping me out. I have been in the US for almost 8 years. I entered on a K1 Non-Immigrant visa petitioned by my ex-fiance. It is embarassing to say but things did not work-out with my ex-fiance. I wish I have a better sense of choice back then but virtue has been taken away from me and I felt ashamed to go back home. With help and support of friends who are USC's, I decided to stay and as a result overstayed my K1 visa. I met my husband now a year later after my K1 visa expired. This was in 2009. Back when I-601A process was not yet in place. We were married in 2010. We have been married for 5 years now. We don't have children. We are physically unable to have children but in other ways generally healthy. We filed Adjustment of Status twice but were denied at both times. The first appllication was filed by us without outside help. The second time we hired a lawyer and was denied again. At present, he is "trying" but (I feel not really trying) to help us. We are left with our own strength and simple minds to draft letters and compile them all...my husband works full-time so I am left to gather all documents that I can until he is ready to look at it. Some guidance and sharing of experience from those of you who have gone through a similar journey will be much appreciated. Thank you so much and have a wonderful day.

I don't know what this lawyer was thinking because you are not currently eligible for Adjustment of Status based on your marriage to your husband. Under INA 245(d), someone who entered on K-1 can only adjust status through marriage to the citizen who filed the fiance petition. So I think this lawyer was just BSing you and taking your money.

It seems that you are on the right track with I-601A and consular processing.

[Wearynot 1]

You will need atty help for sure because leaving the country to AOS will

be the only way at your consulate who will then require that you file a regular I 601l

short of an over-all amnesty right now there is no other way to adjust having entered

on a past K1, did not marry that petitioner & overstayed.....I'd suggest you do a free

consult via phone with Liz Cannon *google her) who will give you the real macoy.

Hardships with no kids or medical I would say even if the USC has only a sinus prob

start getting treatments for it for a medical trail, have good solid answers & proof

what happened with the former fiancé, your cointry conditions, the USC ties to the

community, lies to family ,church etc,, the hardship is on the USC not you

Oh yea you will need a waiver specialist, not even knowledgable lay persons would

try this alone...it is not a DIY project

Thank you for the info Jawaree. We are now at the moment gathering all the minor documents required from searching relevant legit info on the Internet re: potential hardship on the USC at Country Of Origin (C.O.O.). The extremest and greatest hardhsip that we see is Financial hardship and Quality of Medical Services at C.O.O. Even processing this I-601 is a hardship already. With the psychological test the USC requires costs a fortune to a middle class USC.

Have you ever filed I-601? Is there an expiration with the time to file?

I don't know what this lawyer was thinking because you are not currently eligible for Adjustment of Status based on your marriage to your husband. Under INA 245(d), someone who entered on K-1 can only adjust status through marriage to the citizen who filed the fiance petition. So I think this lawyer was just BSing you and taking your money.

It seems that you are on the right track with I-601A and consular processing.

Thank you! have you ever file a I-601? What was your experience like? How long did it take you to get an interview and approval?

[LoveMyTico 999]

Sorry to say but financial hardship on the usc is not a solid hardship. Especially alone. There are guides that list hardships from strongest to weakest. Everyone knows the healthcare is the best is the US. If you don't already have a serious medical condition being treated in the US, I think you're barking up the wrong tree with that one. I would hire a waiver immigration attorney. The waivers are No joke. Mine was 3+ inches thick. You can read the guides and assess your situation but If you are really reaching for hardships, the uscis will know that. Don't try to play games with them. You don't want them looking twice at your case. Make it solid so they only have to review once with no doubts.

Edited September 7, 2015 by LoveMyTico

[Jawaree 717]

Call Liz Cannon for a free phone cosult, you will ned professional help

USC citing depression or a one time evaluation gives a waiver no points really

if the USC has ongoing treatment & meds for depression then that's one

hardship, Family responsibility eg: taking care of aging parents could help

if you had not leave, medical you can argue even with sinus if you are

treated continuously, everyone has hardships but you need a pro to help,

even country conditions you can turn around in saying you have lived

it , how harsh it is, you cant work etc and talk about the negatives, crimes fears &

substandard healthcare

[NigeriaorBust 4,087]

There is another website that people gather when they need waivers. Immigrate2us.net . They can recommend waiver specialist.

[Wearynot 1]

Call Liz Cannon for a free phone cosult, you will ned professional help

USC citing depression or a one time evaluation gives a waiver no points really

if the USC has ongoing treatment & meds for depression then that's one

hardship, Family responsibility eg: taking care of aging parents could help

if you had not leave, medical you can argue even with sinus if you are

treated continuously, everyone has hardships but you need a pro to help,

even country conditions you can turn around in saying you have lived

it , how harsh it is, you cant work etc and talk about the negatives, crimes fears &

substandard healthcare

Thank you for the tip. My husband has Diabetis Type 2 takes maintenance medication for this and Hypertension. I know they don't care about me. I had brain surgery in 2013 for a removal of a tumor. I am still recovering from this and have to see my Neurologist annually. And just early this year I was diagnosed with cancer and have had two surgeries and will soon receive Radiation therapy. Are these strong enough arguments? Come to think of it, my hardship is also my husbands hardship. We don't have any psychological disorders yet but I fear we might suffer from it if our plea for approval of the waiver is denied. I know that it will not bear a great bearing but do you think we need to get psychological test scores at least?

The documentation is still a work in progress..sorry to vent..but i know my husband and I will get there. Prayers are in our hearts that they will consider his and my poor health and our desperate need for good quality healthcare

[Wearynot 1]

There is another website that people gather when they need waivers. Immigrate2us.net . They can recommend waiver specialist.

Thank you for the tip. Documenting everying is a hardship already...both emotionally and financially...

[Wearynot 1]

Sorry to say but financial hardship on the usc is not a solid hardship. Especially alone. There are guides that list hardships from strongest to weakest. Everyone knows the healthcare is the best is the US. If you don't already have a serious medical condition being treated in the US, I think you're barking up the wrong tree with that one. I would hire a waiver immigration attorney. The waivers are No joke. Mine was 3+ inches thick. You can read the guides and assess your situation but If you are really reaching for hardships, the uscis will know that. Don't try to play games with them. You don't want them looking twice at your case. Make it solid so they only have to review once with no doubts.

Thank you for the good insight. It is not in our minds to deceive nor provide false information. I know that they are concerned only about the USC more than me though i have present serious medical needs myself (still recovering from brain surgery since 2013 and recently been treated for cancer non invasive but still cancer. I fear for myself and my husband if they deny our waiver. You are all right it is a painful and time consuming process. But I am thankful for this site. You guys help me cope. So, I am most grateful. Thank you.

[NancyNguyen 1,657]

All we can do is to sympathize with you, only an experienced attorney can guide you through this whole situation. Good luck.

[LoveMyTico 999]

Just remember the hardship must be on the USC. Why he can't live without you in the US. Your health issues could hinder the approval. That's why you need an attorney. My daughter has a brain tumor and gets checked regularly. But that was my hardship. It was a reason why I could not move abroad with my husband. I really am not sure how that would pan out as a health issue for the beneficiary. Also, you can't use a mental issue if it hasn't happened yet. If you never had appts with a psychiatrist, strarting now probably won't help. This process makes everyone depressed. They read sob stories all day long. Try to make it as rock solid as possible. Please go for a consultation to see where you stand

Edited September 8, 2015 by LoveMyTico

[Wearynot 1]

Ok, Is there a deadline in submitting the i-601 waiver of excludability?