Marry then file I-130 followed by hardship waiver

[claro 0]

I just visited a lawyer and told him my situation which is:

My fiance and I want to get married however he was in the US without inspection which is how I met him. He has been here for 9 years or so. We have known each other for 3years and have lived together for 2. He went to Nicaragua in November and we thought I could bring him back on a fiance visa, but the lawyer told me since he was here without inspection it would be denied. He said our only possible chance will be to get married in Nicaragua and file a I130 application, which he said would also be denied. He went on to say that from there we would have to file a hardship waiver for why I can't move to Nicaragua. He said 70% of these waivers are denied and he thinks ours will be denied also. Does this sound like sound and correct advise? Thank-you for your fedback.

[Bobby+Umit 161]

You would have to apply for a waiver for the EWI - only way you will know if it will be allowed is if you file.

I am not sure of the percentage of denials for them.

[pushbrk 12,185]

I just visited a lawyer and told him my situation which is:

My fiance and I want to get married however he was in the US without inspection which is how I met him. He has been here for 9 years or so. We have known each other for 3years and have lived together for 2. He went to Nicaragua in November and we thought I could bring him back on a fiance visa, but the lawyer told me since he was here without inspection it would be denied. He said our only possible chance will be to get married in Nicaragua and file a I130 application, which he said would also be denied. He went on to say that from there we would have to file a hardship waiver for why I can't move to Nicaragua. He said 70% of these waivers are denied and he thinks ours will be denied also. Does this sound like sound and correct advise? Thank-you for your fedback.

Yes, IMO, he's telling you the truth. However, the 70% is less important than your own specific hardship case. If there is no severe hardship, you'll be denied regardless of any statistics about approvals.

[claro 0]

Yes, IMO, he's telling you the truth. However, the 70% is less important than your own specific hardship case. If there is no severe hardship, you'll be denied regardless of any statistics about approvals.

Thank-you for your feedback. I will anticipate filing the waiver and start building my case for severe hardship if I move to Nicaragua. Do you agree that that is the hardship waiver I must apply? There is very good information on VJ on this type of hardship. If any other references are available please let me know. I think my strongest case is that I work for the US government and I have specific engineering and research skills in an area that the US has a great need and shortage of by USC's. If this doesn't work we'll be married waiting out the 10 years. Thank-you.

[canadian_wife 1,791]

Not only do you have to show why you cannot move to his country, you also have to show why he must return to the US or you will suffer extreme hardship - both must be included

try immigrate2us.net, they specialize in waivers.

Good luck.

[winifredbee 1]

Not only do you have to show why you cannot move to his country, you also have to show why he must return to the US or you will suffer extreme hardship - both must be included

try immigrate2us.net, they specialize in waivers.

Good luck.

I find that if your situation is legit you should have no problems. My Husband is from Nicaragua and we looked into the I-130 because we were worried that the K-1 was going to take too long. The requirement that you need to live in Nicaragua for 6 months before receiving the IR visa was a major turn-off. I did find the embassy there to be pretty helpful. We mostly dealt with Blanca Perez. Good Luck! I do love Nica...an extended vacation could be nice

[sachinky 464]

If he is EWI, he will need to return and have you file a I-130. The visa will be denied at the consulate level and you will have to file a hardship waiver.

[pushbrk 12,185]

If he is EWI, he will need to return and have you file a I-130. The visa will be denied at the consulate level and you will have to file a hardship waiver.

Correct except the order. The I-130 can be filed while he's here. There's no advantage in him leaving before the interview stage.

[claro 0]

Correct except the order. The I-130 can be filed while he's here. There's no advantage in him leaving before the interview stage.

THank-you for your responses. My fiance left for Nicaragua in November. We will be married in Nica in a couple of weeks. He was not forced in any way to leave. I have read that if he was the "subject to exclusion, deportation, removal or rescission....." that the validity of the marriage has to be proven or he has to have lived outside the US after the marriage for two years. I don't thing this is our case since he voluntarily left but just checking. I'm not sure what they mean by "exclusion". Do you know?

Thanks

[claro 0]

I find that if your situation is legit you should have no problems. My Husband is from Nicaragua and we looked into the I-130 because we were worried that the K-1 was going to take too long. The requirement that you need to live in Nicaragua for 6 months before receiving the IR visa was a major turn-off. I did find the embassy there to be pretty helpful. We mostly dealt with Blanca Perez. Good Luck! I do love Nica...an extended vacation could be nice

Congratulations. I can see your experience went very well. I hope ours does too. Thank-you for the contact at the Nicaraguan embassy. I'm not sure what 6 month waiting period you are referring to however. Can you explain a little better? Will we be subject to this?

Thanks

[daboyz 36]

Congratulations. I can see your experience went very well. I hope ours does too. Thank-you for the contact at the Nicaraguan embassy. I'm not sure what 6 month waiting period you are referring to however. Can you explain a little better? Will we be subject to this?

Thanks

In order to file I-130 at the consulate (Direct Consular Filing), most US consulates require you to prove a minimum of 6 months residency in that country. In basic terms you need to live in Nicaragua for 6 months before you could file directly with the embassy.

[winifredbee 1]

In order to file I-130 at the consulate (Direct Consular Filing), most US consulates require you to prove a minimum of 6 months residency in that country. In basic terms you need to live in Nicaragua for 6 months before you could file directly with the embassy.

'daboyz' is correct. It is a newer requirement but your situation may be different since he lived in the states for a while. Every situation is unique. I say do lots of research ask the same question twice because you may get different answers. I know that the Embassy has set hours for taking questions and you can email the embassy as well. If your husband is in Nica now you will be dealing with them mostly...I would think.

[claro 0]

'daboyz' is correct. It is a newer requirement but your situation may be different since he lived in the states for a while. Every situation is unique. I say do lots of research ask the same question twice because you may get different answers. I know that the Embassy has set hours for taking questions and you can email the embassy as well. If your husband is in Nica now you will be dealing with them mostly...I would think.

Oh now I see what you are saying. Yes, that may be true. My plan was to marry in Nica then, unfortunately I have to return to the states. I plan to file from the US. Do you know if there is any requirement for him to have been in Nica for a period of time before we file. He has been there since November. Prior to that he was in the US for about 8 years and before that in Nica since birth. He is a Nicarauguan citizen. Thank you all for your help.