Is I-601 an option for me? (Merged)

[Tristan1978 133]

My journey has recently been extended by my lawyers incorrect filing of the I-130 as AOS, while the I-130 has been approved I have had to file a I-824 to get it across to the NVC,  the problem I have is it’s going to slow down the process by around 6-9 months, I started the paperwork back in January so I have been stuck in the U.K. for nearly a year. Money is becoming a real issue for me and my wife, her business is losing money and I’m struggling to pay the rent and bills in the US for my wife and keep a roof over my own head, all my savings are nearly gone and I’m worried my wife will be evicted with my stepchildren, I really need to get home to my wife and get a job to support us, can we file a I-601 For extreme hardship?

 

thanks in advance.

[Tristan1978 133]

Apologies, I have posted this in the wrong place.

[NikLR 13,220]

~~moved to waivers and ap from k3 progreas reports~~

[Boiler 43,433]

I 601 would be something you file after your Consulate interview.

[Tristan1978 133]

52 minutes ago, Boiler said:

I 601 would be something you file after your Consulate interview.

Thank you. Based on this information of hardship can we get the I-824 expedited?

[Boiler 43,433]

3 minutes ago, Tristan1978 said:

Thank you. Based on this information of hardship can we get the I-824 expedited?

Presumably you have a joint sponsor lined up.

 

No harm trying.

[gregcrs2 1,777]

Perhaps it's time for your spouse to get a real job.  How is she sponsoring you if she is not making any money and you are supporting her?  Hopefully you have a joint sponsor.

[Tristan1978 133]

30 minutes ago, Boiler said:

Presumably you have a joint sponsor lined up.

 

No harm trying.

Thank you, yes we have a joint sponsor. Would I get my wife (petitioner) to call the USCIS?

[geowrian 22,335]

An I-601 is a hardship waiver of inadmissibility. Until you are refused a visa due to a waivable inadmissibility, an I-601 would do nothing.

 

I think you want to request an expedite, not a waiver. The petitioner is free to make the request to USCIS. This can be via a phone call or done in person at an Infopass appointment.

I'm a doubtful of success based on the expedite criteria (https://www.uscis.gov/forms/expedite-criteria), but there's no harm in trying.

Edited December 11, 2017 by geowrian

[Tristan1978 133]

To cut a long story short my lawyer in the US messed up my I-130 and filed as an AOS (but is blaming the USCIS) but it should have been for consular processing. So we have paid for an I-824 to have the approved I-130 transferred to the NVC but the waiting time is around 6 months+ we started the paperwork last January (nearly one year ago) and are struggling emotionally and financially being apart I'm worried that my savings are nearly gone and my wife might be evicted with her children, can we speak to our senator to expedite this process? 

[Jeanne Adil 1,651]

you can fill out the form to ask for case to be expedite but your Senator is not much help with this

it is up to u to show why

financial problems are not really a good reason

should be able to afford this process before you begin and plan for the cost / not to be critical but it is costly / my whole journey costs me over $35000 because they wanted multiple visits and to see him to meet, to marry, to do a honeymoon and to see him within 2 years of interview (6 years means several visits)

the fees and travel and doing the additional documents and medical exams add up fast

wishing you the best but saying your wife will loose her place to live may not be a good idea

search for a cosponsor / best bet

[Coco8 1,039]

1 hour ago, Tristan1978 said:

To cut a long story short my lawyer in the US messed up my I-130 and filed as an AOS (but is blaming the USCIS) but it should have been for consular processing. So we have paid for an I-824 to have the approved I-130 transferred to the NVC but the waiting time is around 6 months+ we started the paperwork last January (nearly one year ago) and are struggling emotionally and financially being apart I'm worried that my savings are nearly gone and my wife might be evicted with her children, can we speak to our senator to expedite this process? 

Can you call NVC and ask them to send it to the consulate because it was a mistake?

 

By the way, you didn't need a lawyer for this, they just take your money and make mistakes. 

[Cyberfx1024 7,978]

9 minutes ago, Coco8 said:

Can you call NVC and ask them to send it to the consulate because it was a mistake?

 

By the way, you didn't need a lawyer for this, they just take your money and make mistakes. 

As the OP already knows this since the lawyer messed up already. Hence why we say here that if you have a uncomplicated case a Lawyer is not needed. 

[geowrian 22,335]

Sure, you can contact them to request an expedite. Or the petitioner can call USCIS and request it themselves.

But as stated in the previous thread, I don't think this meets the expedite criteria (https://www.uscis.gov/forms/expedite-criteria).

Edited December 12, 2017 by geowrian

[Tristan1978 133]

23 minutes ago, geowrian said:

Sure, you can contact them to request an expedite. Or the petitioner can call USCIS and request it themselves.

But as stated in the previous thread, I don't think this meets the expedite criteria (https://www.uscis.gov/forms/expedite-criteria).

Thank you,

 

My lawyer is adamant that the USCIS made the mistake so if they made the mistake and not the lawyer then I guess we would meet the criteria, how would we go about phoning the TSC and is there a protocol for getting through to the right person?