Proving Extreme Hardship!!??

[Altiman14 0]

My Fiancee and I just did all the paperwork for the K-1 Visa and she overstayed about 9 months past her Visa date and we both know she will get denied and have to fill the Waiver out but I was reading about it and some people say its easy and you dont need a bunch of information and some say its really tough and a pain but I was just wondering what the best arguements are?? She is from Ukraine and is pregnant with my kid which will be born mid December so I was hoping someone on here has had a very similar situation with good news and better advice!!?? I want to start preparing it now so I can get her back here with the kid for spring.. (hopefully) Thanks

[Brother Hesekiel 2,235]

The K-1 is a single entry visa. It expired the very moment your fiance entered the US.

The K-1 has one requirement: to get married to the petitioning spouse (that's YOU) within 90 days after arrival. If she did that everything is fine.

Even if you did not apply for AOS until now, everything is still fine. You don't need a waiver but you may have to submit an I-130. Simple, just a few minutes of additional paperwork.

[Used to be broken 143]

My Fiancee and I just did all the paperwork for the K-1 Visa and she overstayed about 9 months past her Visa date and we both know she will get denied and have to fill the Waiver out but I was reading about it and some people say its easy and you dont need a bunch of information and some say its really tough and a pain but I was just wondering what the best arguements are?? She is from Ukraine and is pregnant with my kid which will be born mid December so I was hoping someone on here has had a very similar situation with good news and better advice!!?? I want to start preparing it now so I can get her back here with the kid for spring.. (hopefully) Thanks

Let me understand this a little better Bob got me confused

So did your fiance come here on a K1 or did she come on some other type of VISA and overstay? I am getting the feeling she overstayed not on a K1 but another type of VISA?

If that is the case to answer your question, no Waivers are not easy. You do need a "bunch of paperwork" they call it evidence and it is quite complex and it can be quite overwhelming given the stakes are so high.

All claims of hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for your spouse or parent to describe and document any other claim that might be a hardship. The above-requested information is necessary to render an equitable and fair decision on your Application for Waiver of Grounds of Excludability (I-601).

Many people hire an attorney to assist with this, and it would not hurt to speak with one on your case. In the alternate read as much as you can regarding the hardship standard so you can formulate your packet with a higher chance of approval.

[NUNI 0]

I think if you have oversatyed your visa for less than one year you dont need waiver,you need yo check this with lawer though

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I think if you have oversatyed your visa for less than one year you dont need waiver,you need yo check this with lawer though

Over a year is a ten year bar, over 6 months or 180 days is a 3 year bar.

[Altiman14 0]

No she was here on a Education/work visa and she overstayed but we filled out the K-1 Visa and are hoping to get that approved and I understand the overstay and what that brings to the table so I was wondering how to prove extreme hardship.. Is there anyway she could slip through the cracks or maybe sneek by with the K-1 because she is giving birth to my kid and if not is the waiver going to be easier if she is the mother of my kid? Its all so confusing and myself and family will do what needs to be done to get her back I am just hoping there is a slim chance at best they might understand our situation and not require the waiver!! I dont know I just want her and my little boy back here as soon as possible.. She has her Masters degree and never got into trouble with the law or used anything or took anything for grantid while she was here and "overstayed"... What do you guys think? I appreciate all the help even if its just a short sentence, anything helps me out right now so thank you

[NigeriaorBust 4,087]

Pregnancy and babies make no difference to the immigration process. They neither speed it up and sometimes slow it down. There is a possibility they will want a DNA test to prove you are the father of the child involved. Also K1's are less apt to be approved for waivers than Cr1 applicants. The basic theory is it is easier to cope without a fiance than a spouse. There is a site immgrate2us that has a lot of data and samples of hardship waivers. If you are filing based on a K1 you have a very very hard task in front of you and you may not get the result you want before her ban expired naturally.

[Used to be broken 143]

No she was here on a Education/work visa and she overstayed but we filled out the K-1 Visa and are hoping to get that approved and I understand the overstay and what that brings to the table so I was wondering how to prove extreme hardship.. Is there anyway she could slip through the cracks or maybe sneek by with the K-1 because she is giving birth to my kid and if not is the waiver going to be easier if she is the mother of my kid? Its all so confusing and myself and family will do what needs to be done to get her back I am just hoping there is a slim chance at best they might understand our situation and not require the waiver!! I dont know I just want her and my little boy back here as soon as possible.. She has her Masters degree and never got into trouble with the law or used anything or took anything for grantid while she was here and "overstayed"... What do you guys think? I appreciate all the help even if its just a short sentence, anything helps me out right now so thank you

You have asked this more than once and you have gotten the correct answer. NO she will not slip through the cracks, and you will make the situation worse if she attempts to LIE to the consular hoping they don't know she overstayed. Then she will get a misrepresentation charge, which will be even more difficult to overcome and puts the case under even more scrutiny.

There is a one in a million chance they will not have her record of previous entry and exit and overstay and grant her the VISA at the consulate. There is and even slimmer chance that she will get through the Customs station here at Point of Entry (POE). So lets say you hit the lotto and she did get by both the consulate the embassy it will eventually catch up with her on the Adjustment of Status, result in a deportation and finally the fraud charge because to have gotten this far she would have had to lie on the forms, so then she would not get to adjust and the mother of your child would be DEPORTED and then you would add deportation to the long list of problems you already have.

So, my advice is stop the magical thinking, learn about the waiver process, and get to work putting the waiver packet together. Its going to be expensive to hire an attorney and your child is being born in another country soon, if you want to resolve this as quickly as possible you should accept the reality and get to work on the solution. See below link for how to put together a waiver packet and what is considered a hardship under current law. Good luck

http://www.scottimmigration.net/I601Memo.pdf

[Brother Hesekiel 2,235]

I totally misunderstood the situation here. I thought she was in the US on a K-1 but past the validity of her I-94. My advice was accordingly.

[sus 70]

Is she still here in the US, or did she go back to the Ukraine already? If she is still here in the US - why do the K1 visa - Marry and file to adjust her status based on marriage to a US citizen. Just don't leave the country until that is approved.

[Deputy Purple 1,294]

How long ago did she leave the US? If it's been a little while you might just want to wait and be sure her Visa Interview is after the 3 year mark so there is no need for a waiver.

[Altiman14 0]

First of all I never told her to lie and she never would lie about something this serious so I dont know where that came from.. That would never happen. She has only been gone for a little over 2 months and I know I have asked the same question twice but I just like to ask and ask because in some wierd way it makes it easier to talk to people who have gone through similar situations so if your getting annoyed BROKENFAMILY I apolagize. I am working on the waiver already and the K-1 is going to be sent out. I find it ridiculous and unreal that immigration is this hard for a situation where a kid is involved and she came here legally twice on appropriate visas for her master degree and to work at a special needs camp and a few months overstay will trigger such a dramatic result. I know its the law and the law is the law. I guess in 3 years I will get to see my kid and periodically spend hundreds of dollars to just visit a week at a time. Thanks anyway for all your help people and I appreciate the info.

[Used to be broken 143]

First of all I never told her to lie and she never would lie about something this serious so I dont know where that came from.. That would never happen. She has only been gone for a little over 2 months and I know I have asked the same question twice but I just like to ask and ask because in some wierd way it makes it easier to talk to people who have gone through similar situations so if your getting annoyed BROKENFAMILY I apolagize. I am working on the waiver already and the K-1 is going to be sent out. I find it ridiculous and unreal that immigration is this hard for a situation where a kid is involved and she came here legally twice on appropriate visas for her master degree and to work at a special needs camp and a few months overstay will trigger such a dramatic result. I know its the law and the law is the law. I guess in 3 years I will get to see my kid and periodically spend hundreds of dollars to just visit a week at a time. Thanks anyway for all your help people and I appreciate the info.

I am not saying you are going to lie, I am just laying it out for you because it seems you were having trouble accepting it, and most people don't easily accept it understandably for all the reasons you mentioned. So you are not alone in having trouble accepting such a harsh realization I am just saying don't waste too much time searching for answers that line up better with what they hope for. Lots of people also think they can avoid the consequences so I told you the worst case scenarios because although you have a 3 year bar, a 10 year or permanent one is even worse and it would be horrible for you to have to deal with that.

I am not annoyed with you, I am trying to help you by laying out the true severity of the situation and telling you how not to make it worse. I am sure your significant other is a very nice quality person who made a mistake and yes the consequences are extremely harsh and hard to accept.

Not to get your hopes up but the waiver for a work VISA is a bit easier to get than the family based so if there is any possibility that she can get a job secured here, and you should ask your attorney about this, then that might be the faster route to reunification. The bar time clock doesn't stop ticking under those circumstances .. I am pretty sure, so technically she serve out the 3 years while here on the work VISA if that is at all possible.

In any case you should check with an attorney who is very experienced with this type of waiver to make sure you fully understand what the requirements are, its a tough situation and I wish you the quickest route to be reunified with your child.

[belinda63 2,981]

Her being pregnant and/or having your child will make no difference in the approval of the K-1 and/or the waiver.

[Used to be broken 143]

Her being pregnant and/or having your child will make no difference in the approval of the K-1 and/or the waiver.

His inability to have access to his child can be a contributing factor to the aggregate hardship he is going to attempt to demonstrate.