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canadianmeghan

extreme hardship reasoning .. please help.

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Filed: Timeline

hi there,

I am just looking into this waiver business and am feeling so lost and hopeless.

My husband and I filed i-130 and were approved last update was our case was being sent to NVC. I then learned about the AOS route and we were thinking about doing that .. UNFORTUNATELY I was a silly teenager and ran into some trouble with the law. I have 2 theft under (one was a nail file and then other about $20 dollars worth of things) for both I received a conditional discharge. I was in a terrible place at the time and hanging out with the wrong crown, the usual I am sure. I also used a fake ID for my best friends 19th birthday and got caught. This was a conditional discharge as well .. 3 years has passed so my record is clean in Canada, unfortunately the US does know acknowledge conditional discharges ..

Now I am looking into i-601 but I am confused about proving the extreme hardship .. So far my reasoning's are as follows:

My husband suffers from severe anxiety disorder and literally can not go to sleep without me .. while I was in Canada and we were apart his anxiety was the worst it has ever been since the 4 years we have been together.

The reason we are coming to the US instead of Canada is because my mother in-law suffers from rheumatoid arthritis and is in a lot of pain. My husband has been out of the country for the past few years and now wants to spend time with her because lord knows how this disease could affect her in the near future.

His parents are not that well off and we are currently living with them helping them pay their bills..

also what would happen if we couldn't prove this? Would we just carry on with the original i-130 route? If so when would we file i-601? Is my chances of spending my life with my husband in the US completely shot? Sorry just feeling very lost and upset that being a silly teen is so daunting on me know.


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Filed: Citizen (apr) Country: Nigeria
Timeline

hi there,

I am just looking into this waiver business and am feeling so lost and hopeless.

My husband and I filed i-130 and were approved last update was our case was being sent to NVC. I then learned about the AOS route and we were thinking about doing that .. UNFORTUNATELY I was a silly teenager and ran into some trouble with the law. I have 2 theft under (one was a nail file and then other about $20 dollars worth of things) for both I received a conditional discharge. I was in a terrible place at the time and hanging out with the wrong crown, the usual I am sure. I also used a fake ID for my best friends 19th birthday and got caught. This was a conditional discharge as well .. 3 years has passed so my record is clean in Canada, unfortunately the US does know acknowledge conditional discharges ..

Now I am looking into i-601 but I am confused about proving the extreme hardship .. So far my reasoning's are as follows:

My husband suffers from severe anxiety disorder and literally can not go to sleep without me .. while I was in Canada and we were apart his anxiety was the worst it has ever been since the 4 years we have been together.

The reason we are coming to the US instead of Canada is because my mother in-law suffers from rheumatoid arthritis and is in a lot of pain. My husband has been out of the country for the past few years and now wants to spend time with her because lord knows how this disease could affect her in the near future.

His parents are not that well off and we are currently living with them helping them pay their bills..

also what would happen if we couldn't prove this? Would we just carry on with the original i-130 route? If so when would we file i-601? Is my chances of spending my life with my husband in the US completely shot? Sorry just feeling very lost and upset that being a silly teen is so daunting on me know.

Who says you need a waiver? 2 shoplifting and a fake ID usually doesn't fall under the inadmissible category.

You do a waiver when requested and that would happen after your interview and if you were denied they would tell you.


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Filed: Timeline

oh my goodness .. i read that you could only have one conditional discharge otherwise you needed a waiver .. So I am okay to apply for AOS and just check yes to the question about being arrested .. I would then explain myself at the interview and hope and pray all goes well?

I dont want to offend you in anyway but are you absolutely sure about this? I used that silly online lawyer (just answer) and he said that your allowed to have one petty crime but once you have 2 you need a waiver .. I also read this somewhere on VJ but I can't find the post right now ...

Thanks


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Theft and fake ID(Fraud conviction?) are considered Crimes Involving Moral Turpitude.

You have answered truthfully on I-485 Part 3 Processing Information Qns 1(a) and 1(b).

Done with K1, AOS and ROC

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Filed: Timeline

Theft and fake ID(Fraud conviction?) are considered Crimes Involving Moral Turpitude.

You have answered truthfully on I-485 Part 3 Processing Information Qns 1(a) and 1(b).

So this means that I will need a waiver? Should I start now? Or wait until the interview and see if explaining my case might help?


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Here are 2 cases I found on here on VJ.

You should get all your court records first and consult a good immigration lawyer before you file for AOS.


Done with K1, AOS and ROC

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Filed: Timeline

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)
(CT:VISA-1318; 09-24-2009)
As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or
(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application. (See 9 FAM 40.21(a) N8, below.)

Wouldn't I fall under (2) since theft under is max 6 months in jail?

Would I have better luck with consular processing?


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Filed: Timeline

I appreciate your help in looking for those cases, but IMHO those cases seem a little more extreme than mine. I didn't lie to get into the US and I am not marrying 2 different men. One husband, and some stupid petty theft from 4 years ago. I suppose I am just wondering if I would

a) be able to explain my case and hopefully not need a waiver (if I bring in court records)

or

b) have a better shot at consular processing? Or if there is even a difference at this point?


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Filed: Citizen (apr) Country: Nigeria
Timeline

Theft and fake ID(Fraud conviction?) are considered Crimes Involving Moral Turpitude.

You have answered truthfully on I-485 Part 3 Processing Information Qns 1(a) and 1(b).

Oh WOW. Thanks Merrytooth for the correct.

OP get a immigration attorney.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

Complete-dq-to-interview-february-2021/

Case Complete to Interview Form

 

Case Complete to Interview Spreadsheet
 

 

 

ROC I751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like you are adjusting in country, I have no idea how Canadians with criminal histories are treated for entrance as visitors, I know you could not have used the VWP for example.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

Oh WOW. Thanks Merrytooth for the correct.

OP get a immigration attorney.

Darn..

Am I able to still do AOS route and receive EAP or after the biometrics I will be denied?

Is there a difference going through consular processing?


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Filed: K-1 Visa Country: Wales
Timeline

EAP - EAD and AP?

Consular processing would make no difference, Lockbox handles them all. But it would add a lot of time on to the process. 18 months or so in Canada.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

EAP - EAD and AP?

Consular processing would make no difference, Lockbox handles them all. But it would add a lot of time on to the process. 18 months or so in Canada.

Sorry EAD is what I meant .. I am wondering if I will be denied EAD because of my record? My i-130 has already been approved, so still 18 months if I go that route?

I just want to be able to remain here with my husband and work so the EAD is very important, but will it be denied after biometrics?


AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

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Filed: K-1 Visa Country: Wales
Timeline

EAD first, Interview 2nd, if you have a CIMT issue I 601 third.

EAD would be god for a year. I 601 takes c 6 months last time I looked.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sorry EAD is what I meant .. I am wondering if I will be denied EAD because of my record? My i-130 has already been approved, so still 18 months if I go that route?

I just want to be able to remain here with my husband and work so the EAD is very important, but will it be denied after biometrics?

You were approved? and why 18 months? Am I the only one confused?


''No matter how painful distance can be, not having you in my life would be worse''

August 16 2013: Started dating

July 6 2014: Got engaged! (L)

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