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ashbibinyc

Info about proof of hardship

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Hey Guys

My fiance (US citizen) is concerned about exactly he proves hardship?

he does have a very important job which brings him to the UK every couple of weeks (which is good for me) and he does have a very elderly mother back in the States.

would that be enough? ........ from what i can gather i don't think they care too much about emotional hardship....

What kind of stuff has everyone else shown?

thanks so much in advance

Ash

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On a k-1 visa you will have a hard time getting an expedite for that. Most of the expedites are for the people in the millitary who will get deployed soon. You are right, they do not care about the emotional stress and financial hardship is a far cry I think since he does have a job, and it seems to be a pretty good one from what you are telling us.

I had requested an expedite as well because they messed up another case and delayed me by 7 months but it got shot down really quick. There is nothing stopping you from applying for it but it is a really long shot. I go to Romania every month as well and still no go with the USCIS. It is just a waiting game all the way.

I wish you best of luck!


Timeline:

K-1 Visa

04/09/09 : I-129F Sent to Vermont

04/10/09 : I-129F Received by USCIS

04/14/09 : NOA1

08/19/09 : NOA2

08/24/09 : NVC Received

08/25/09 : NVC Left

08/27/09 : Consulate received

08/28/09 : Packet 3

08/31/09 : Packet 3 sent

09/16/09 : Interview - Approved

09/21/09 : Trip to Dallas

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Hey Guys

My fiance (US citizen) is concerned about exactly he proves hardship?

he does have a very important job which brings him to the UK every couple of weeks (which is good for me) and he does have a very elderly mother back in the States.

would that be enough? ........ from what i can gather i don't think they care too much about emotional hardship....

What kind of stuff has everyone else shown?

thanks so much in advance

Ash

Proof of hardship for what purpose?

K-1s are not eligible for expedite service, though they will grant an expedite for military personnel about to be deployed to COMBAT areas, and that is not certain, but about your only chance.

For financial hardship, you do not even want to go there with a visa requiring he prove he can support you financially.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Hey Guys

My fiance (US citizen) is concerned about exactly he proves hardship?

he does have a very important job which brings him to the UK every couple of weeks (which is good for me) and he does have a very elderly mother back in the States.

would that be enough? ........ from what i can gather i don't think they care too much about emotional hardship....

What kind of stuff has everyone else shown?

thanks so much in advance

Ash

Nope, they do not care... FWIW:

USCIS Expedite Criteria:

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD


YMMV

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Do we have to prove hardship?? he is under the impression we do!

i mean we're applying for K-1 - we just want to get married and live together.

this does get very confusing! :blush:

I do not see "hardship" on the list of expedite criteria


YMMV

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Do we have to prove hardship?? he is under the impression we do!

i mean we're applying for K-1 - we just want to get married and live together.

this does get very confusing! :blush:

No, you don't have to prove hardship to obtain a K1 visa. Have him start by reading the guides. Then he can come back with remaining questions. At this stage, the US Citizen has the work to do and needs to manage the process.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Do we have to prove hardship?? he is under the impression we do!

i mean we're applying for K-1 - we just want to get married and live together.

this does get very confusing! :blush:

Wait! He thinks you need to prove hardship just to petition for a K-1 visa? What ever gave him that idea?

No, you don't need to prove any sort of hardship. Have him visit this site and read the guides for the K-1 (link in the menu bar at the top of the page). If he's a US citizen, and your case doesn't have any unusual circumstances (like certain criminal convictions, bans from the US, or previous K-1 applications) then it should be pretty straightforward.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Do we have to prove hardship?? he is under the impression we do!

i mean we're applying for K-1 - we just want to get married and live together.

this does get very confusing! :blush:

Wait! He thinks you need to prove hardship just to petition for a K-1 visa? What ever gave him that idea?

No, you don't need to prove any sort of hardship. Have him visit this site and read the guides for the K-1 (link in the menu bar at the top of the page). If he's a US citizen, and your case doesn't have any unusual circumstances (like certain criminal convictions, bans from the US, or previous K-1 applications) then it should be pretty straightforward.

Right, hardship comes into play when the foreign fiance is found ineligible, usually to immigration offenses or perhaps more commonly a criminal record. Even then, the hardship waiver is filed after the visa is denied.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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AAAHH WELL............. i am on a 10 year ban! so we already know that we will have to File an I-601..........

does that mean we have to prove hardship still????

For the I-129F petition? No

for the 601 waiver? Yes...


YMMV

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For the I-129F petition you do not need to show extreme hardship. When you interview at the embassy, you will be denied at that time due to the ban. When this happens, you will submit the I-601 waiver completed by the USC that outlines the reasons why the USC cannot move to the UK and why the USC needs you in the US with them due to extreme hardship. Here is a link in the waivers forum on how to prove extreme hardship.

http://www.visajourney.com/forums/index.php?showtopic=316

Also, immigrate2us.net is a site that is excellent for waiver advice and bans. Check them out for specific help with your waiver packet. Good luck.


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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