I-601 Overstay

[Mellie_NYC 0]

My husband is Thai but also a citizenof the US. We have got married and have a son together in the US . The we file all the paper work to change my B1/B2 visa to a green card . I met him just before I'm about to leave the country but he asked me to stay by saying that we going to get married . But we waited for over a year to do so . I went to an interview , everything was fine just that I havent done my fingerprint yet so they said i have to wait for a greencard maybe in a year or a little bit more . Then a year passed by they sent me a letter saying that i need file I-601 . Which i have no idea why until I checked your site . I don't know what to do plus my husband isnt in the US right now and I suppose to go file I-601 next week . Can I just go there with the lawyer without my husband ? What do i need to bring ? I dont really trust my lawyer as we got him from his parents and he charge a very low fee but doesnt really seem like he know what he doing . He told me I dont have to worry about this but I really do . I dont want to leave the country as my kid is here and my husband is not here but he said I can go there alone ...Please help ... I need to know more about this before I actually go to see the officer . I hope they wont send me away from my kid . [/b]

[kitkat1 5]

Mellie - start by reading the "601" forum on immigrate2us.net. You will find a lot of guidance there.

Your lawyer also needs to explain why you need to file the 601 and if there is a time limit for you to turn it in, as it will take you time to write the letter and gather all of the required documentation. You may want to consider getting a new lawyer, someone well experienced in 601 waivers, or at least do a consultation with one. A good lawyer who comes highly recommended is Laurel Scott on www.visacentral.net. You can do a phone consultation with her to clarify your situation and get some straight advice. Good luck.

[Mellie_NYC 0]

I went tru all the form they asked me to do . We even went tru the interview . I dont know if I will need to ask my husband to write a hardship letter since the only thing they asking for from the letter that I've got from the USCIS was onlt aking me to go there and file I-601 . My husband is not here with me and I dont really know what going to happen ... It's really sad ...

[kitkat1 5]

Again, your lawyer needs to explain to you the REASON that you need to file the 601. Part of a 601 waiver is a hardship letter written by the USC explaining why the USC would suffer from extreme hardship if the non-USC's visa is denied and is forced to return to his country. This is a requirement and the guidelines are very clear and precise. If your lawyer is not providing guidance and an explanation on this, your best bet is to find another lawyer. The 601 waiver process in the US is not an easy or uncomplicated process - you need expert guidance and I strongly suggest you consult with Laurel Scott by telephone as soon as possible.