EVIDENCE?

[esmi 0]

I am the petitioner to my husbands I-160 waiver case. i have been in pakistan for 10 years going on 11 . i have received a letter from the Bangkok US EMBASSY saying that we need to submit a letter of hardship with solid proof (even though we already sent one before, but they said it was unsatifactory evidence).this all is for my husbands waiver I -601. how am i suppose submit the hardship letter and wht amount of evidence is sufficient to get an approval to my husbands case.

Edited March 31, 2011 by esmi

[Penguin_ie 5,986]

This will be very difficult, as you lived abroad for ten years, so you cannot really argue that it would be undue hardship for you to keep living there. What did you send before? Why do you want to move to the USA? For example if you have a serious medical condition, this may help your case. Might be a good idea to consult a lawyer.

[Used to be broken 143]

I am the petitioner to my husbands I-160 waiver case. i have been in pakistan for 10 years going on 11 . i have received a letter from the Bangkok US EMBASSY saying that we need to submit a letter of hardship with solid proof (even though we already sent one before, but they said it was unsatifactory evidence).this all is for my husbands waiver I -601. how am i suppose submit the hardship letter and wht amount of evidence is sufficient to get an approval to my husbands case.

I think it would be helpful to outline the hardships you are claiming in the I601 packet to give us an idea of what to suggest for evidence.

Although living outside the US does present a challenge in proving you can't live outside the US without your husband, certainly the country conditions do present some issues. You should also post the denial letter removing the personal information name etc, and that can also give us some clues to why the first packet was denied.

Some ideas,

Significant issues of health. If you are claiming medical hardships letters from doctors and hospitals etc, would be the evidence in support of those claims.

If you are claiming financial hardship then bills, credit report, comparisons on what you could make in your profession in the US vs Pakistan as well as your SS earnings statement etc, would provide that evidence. Likely over the past 10 years you have not made significant contributions to your SS account or your 401k so the length of time you have already spent in Pakistan is effecting your future retirement income.

Family ties in the US. If you have family in the US proof of family ties is a significant consideration in the hardship waiver. Are your parents or family in the US? Are your parents elderly and in need of your help? How will not having access to the family in the US effect you? How has it effected you over the last 10 years? This can also be tied to financial hardship if you cannot overcome the financial burden of being overseas and cannot afford trips home to visit family.

Educational opportunities. Are there children involved? Are they US Citizens? How is this impacting on them and their future or present education? How is that affecting you as a parent?

Read some cases, there are good links in the research area on the I601 forum on VJ and see how the government decided for and against approval in meeting the hardship standard. Its not enough to claim hardship its got to be proven by supporting documentation. Also in exercising discretion depending on what the reason for the waiver, you have to prove there are more mitigating circumstances than aggravating ones. Letters from friends, family and employers attesting to the good moral character of the alien and if necessary rehabilitation.

What was the waiver needed for? Did the original denial say although your case met hardship it was simply the lack of evidence in the packet that led to the denial?

You may want to get an attorney if you are not comfortable with this process.

good luck and keep us posted.

[esmi 0]

I think it would be helpful to outline the hardships you are claiming in the I601 packet to give us an idea of what to suggest for evidence.

Although living outside the US does present a challenge in proving you can't live outside the US without your husband, certainly the country conditions do present some issues. You should also post the denial letter removing the personal information name etc, and that can also give us some clues to why the first packet was denied.

Some ideas,

Significant issues of health. If you are claiming medical hardships letters from doctors and hospitals etc, would be the evidence in support of those claims.

If you are claiming financial hardship then bills, credit report, comparisons on what you could make in your profession in the US vs Pakistan as well as your SS earnings statement etc, would provide that evidence. Likely over the past 10 years you have not made significant contributions to your SS account or your 401k so the length of time you have already spent in Pakistan is effecting your future retirement income.

Family ties in the US. If you have family in the US proof of family ties is a significant consideration in the hardship waiver. Are your parents or family in the US? Are your parents elderly and in need of your help? How will not having access to the family in the US effect you? How has it effected you over the last 10 years? This can also be tied to financial hardship if you cannot overcome the financial burden of being overseas and cannot afford trips home to visit family.

Educational opportunities. Are there children involved? Are they US Citizens? How is this impacting on them and their future or present education? How is that affecting you as a parent?

Read some cases, there are good links in the research area on the I601 forum on VJ and see how the government decided for and against approval in meeting the hardship standard. Its not enough to claim hardship its got to be proven by supporting documentation. Also in exercising discretion depending on what the reason for the waiver, you have to prove there are more mitigating circumstances than aggravating ones. Letters from friends, family and employers attesting to the good moral character of the alien and if necessary rehabilitation.

What was the waiver needed for? Did the original denial say although your case met hardship it was simply the lack of evidence in the packet that led to the denial?

You may want to get an attorney if you are not comfortable with this process.

good luck and keep us posted.

i guess we didnt provide enough evidence supporting our statments in the last hardship letter and we were asked to provide it to them.

now the point is where can we get evidence

the main point is that my husband has been our families complete support even when we were in the states .i never worked in my life, since the time he was in america till the time he left and even now. he was convicted of 2 misdemeanour's one being he worked in a convenient store he sold a pipe with a flower in it (cops said it was a drug pipe 1 conviction) another being that he got robbed so he bought a gun which was unlicensed (so thers the second conviction rite there)

thats one part of the story

we have 4 daughters 2 of which go to school and 1 goes to college and due to conditions whether it is financial or political it is hard on the family

Edited April 4, 2011 by esmi

[esmi 0]

I finally sent the extra evidence the embassy in Bangkok required I sent it today. does anyone know how much time does it take to receive a response

Edited May 7, 2011 by esmi

[Used to be broken 143]

I finally sent the extra evidence the embassy in Bangkok required I sent it today. does anyone know how much time does it take to receive a response

It could be weeks or months. Check i2us.net see if anyone is posting processing times going through the same consulate and overseas USCIS office.