Thoughts on my current hardship letter for my wife's ban please!

[LoveMyTico 999]

If she was deported, she will need the i212 waiver also. Your statement needs to state the facts. Your statement absolutely sounds like whining. The USCIS knows you want her in the US...obviously. Maybe a short statement from you...a short statement from her and then the waiver facts and all evidence to back it up. My lawyer put a opening statement in my words. Then a short paragraph from my husband apologizing for the 3 year overstay and how he never realized the impact of his mistake. Then our 3 inch thick waiver package. The lawyers know exactly what flies and what is garbage. The statement you made about flying to peru many times kind of stomps on your financial claims of needing her in the US to help support you. Please contact a lawyer. Your hardships are weak. I am thinking your surgery will not be considered life or death. Just my opinion.

Edited July 18, 2015 by LoveMyTico

[canadian_wife 1,791]

Your post sounds like whining because it is too emotional. A lawyer takes out the emotion and focuses on the facts. These are YOUR words

"I owe my life to her"

"Until God decides to take him away"

"It would be cruel to leave him behind"

"I fear every time they leave the house"

"It was a time of desperation for her"

Further, your letter is contradictory. How can you take care of your grandfather if you need multiple surgeries? How can you fly to Peru many times if you have financial hardships? How can you need your wife's income if she will be unemployed when she arrives in the US? No one can guarantee you a future, not in the US nor in Peru - especially with so much technology outsourcing to India and China a junior programmer position may be difficult.

While your emotional statements may be true to YOU, the CO will find them exactly that, emotional statements of what you believe to be true. A lawyer can design your packet with the facts because they are more detached from the situation.

Good luck

[LoveMyTico 999]

Your post sounds like whining because it is too emotional. A lawyer takes out the emotion and focuses on the facts. These are YOUR words

"I owe my life to her"

"Until God decides to take him away"

"It would be cruel to leave him behind"

"I fear every time they leave the house"

"It was a time of desperation for her"

Further, your letter is contradictory. How can you take care of your grandfather if you need multiple surgeries? How can you fly to Peru many times if you have financial hardships? How can you need your wife's income if she will be unemployed when she arrives in the US? No one can guarantee you a future, not in the US nor in Peru - especially with so much technology outsourcing to India and China a junior programmer position may be difficult.

While your emotional statements may be true to YOU, the CO will find them exactly that, emotional statements of what you believe to be true. A lawyer can design your packet with the facts because they are more detached from the situation.

Good luck

well said. I agree

[chrisaivey 3]

If she was deported, she will need the i212 waiver also. Your statement needs to state the facts. Your statement absolutely sounds like whining. The USCIS knows you want her in the US...obviously. Maybe a short statement from you...a short statement from her and then the waiver facts and all evidence to back it up. My lawyer put a opening statement in my words. Then a short paragraph from my husband apologizing for the 3 year overstay and how he never realized the impact of his mistake. Then our 3 inch thick waiver package. The lawyers know exactly what flies and what is garbage. The statement you made about flying to peru many times kind of stomps on your financial claims of needing her in the US to help support you. Please contact a lawyer. Your hardships are weak. I am thinking your surgery will not be considered life or death. Just my opinion.

Thanks for the response Tico, the CO officer never said we needed to file a I-212 - just the I-601 .... can we file these together, and do I have to pay 585$ per?

[Transborderwife 4,666]

Thanks for the response Tico, the CO officer never said we needed to file a I-212 - just the I-601 .... can we file these together, and do I have to pay 585$ per?

I believe it's $585 per.

[Villanelle 4,121]

Well I agree with the advice to seek out assistance from a qualified lawyer and the other website. If you browse around you can tell that here not too many waivers get posted with the request of how do I fix this up- where over there its quite common.

Some points to keep in mind- writing something like this takes a lot of work (which it seems you know already) You are going to go through many drafts and many revisions so hang in there. Take breaks and recoup and refocus. The more examples you read the more you will get an idea of what your final draft should look like.

Some of the users here are harsh. But thats the nature of it. View it more as a devils advocate then a personal attack. Technically one can argue there is no excuse and any argument you make can be countered. Its almost like a debate. You need to present your side with as much evidence and sway as you can keeping in mind any possible rebuttal that the other side can have. You know full well there is a rebuttal to everything but you kind of ignore it and insist that your argument is the one true way and correct. Your letter lacks confidence, it has elements of doubt- which makes it weak.

[Jawaree 717]

I, USC , declare under penalty of perjury, under the laws of the United States, that the following is true and correct.

I am submitting the I-601 application for my spouse, Immigrant. My wife and I have been together for nearly 7 years. I first met my wife online, playing a game together in 2006. We then became more serious back in 2009, before that we were the best of friends. Immigrant saved my life, when we first met. I was 550lbs, she was 120. She got me into fitness, and living a healthy lifestyle. I now weigh 230lbs. I owe it all to her. She gave me my life back! We decided to share our life completely and get married in 2013, when I was head over heels in love with her and knew I couldn’t be without her. Since that day, we have been working on our paperwork so we can be together within the United States and live a happy life together. We made it all the way to the interview at the US consulate in Lima, Peru until we finally heard news about Immigrant’s life time ban she acquired when she was young. She made a grave mistake, and I am beyond terrified on what the future will bring if this appeal process does not work.

I am writing this letter to explain the extreme hardships that we both would go through if my wife is not allowed back into the United States.

My Grandfather[Exhibit A]:My grandfather is a veteran of the Korean War. Since 2013, we started noticing changes in his memory and attitude. He was not the same, forgetting small things here and there. Given his age, his doctor assumed it was early signs of dementia. It wasn’t until late 2014 that he was officially diagnosed with Alzheimer. Because it had been left untreated for so long, it had progressed very fast and is taking my grandfather’s life rather quickly; his mind is slipping away more every single day. It has come to the point of my grandfather needing 24 hour care; he can no longer do every day activities without someone monitoring him. My mother and I decided it would be best for him to be in a home, with my being away for months at a time to see my wife and taking care of paperwork. Unfortunately, because of the advanced state, this is very costly. Assisted Living care is averaging 4500$ a month right now, and as his condition deteriorates more, the cost will only keep rising all the way to 6000-8000$ when he reaches critical condition. He only makes 2400$ a month off his retirement, leaving me and my mother to pay the rest. It would be impossible to afford his care on a Peruvian salary, if I need to move to be with my wife. I need to be in the United States to help my mother, who has her own health issues, care for my grandfather until God decides to take him away. I cannot leave this whole responsibility to my mother, nor can I leave my grandfather unattended.

My Mother [Exhibit B]: My mother is a strong woman. Ever since Natalia came into our lives, she has been there for us every step of the way. She has supported us not only morally, but financially when we have needed it the most. Unfortunately, I’ve had to do a lot of traveling to be with my wife and gather the necessary paperwork to have a chance to get her to the United States, and this has put a great toll on her health. With my grandfather sick, and her son not being there because of the circumstances, she has had to take care of my grandfather on her own. She has been working very hard to help us and still stay afloat, with the hopes that, in the future, I’ll be there with my wife so she can slow down and finally retire. If I had to move somewhere else to be with my wife, she will have to continue on her own to pay for my grandfather’s expenses, and the student’s loans she applied for to get me through college, putting her health even more at risk. I need to be there to care for her. She already has had three heart attacks and many serious health problems that could get much worse if she doesn’t slow down soon.

My health[Exhibit C]:As I mentioned before, I have experienced drastic weight loss. I have gone from 550 pounds to 230 pounds, leaving me with an excessive amount of extra skin.I need my wife in the United States for two reasons when it comes to this: First, I need to gather the necessary funds to get the surgery, since it averages between 15,000$-25,000$. I cannot afford my monthly dues and save up for this on my own. Although this might seem like a surgery I’m choosing to have because of aesthetics, it is not my case. I have gone through such massive weight loss, that my skin has become brittle to the point of breaking if I have to perform certain activities. I need to have surgery done before it becomes impossible for me to perform everyday tasks and becomes dangerous. And secondly; I need Natalia here to help me with the recovery of the surgery, I not only have to have one, but several of them to be able to remove the excess skin in parts, due to the amount of it. Other than my wife, I would only have my mother to count on to help me back on my feet, and she would only be able to watch for me at night since she is needed at her job for sometimes 10 hours or more a day. I need my wife with me to look after me, to assist me in my recovery and to also, help me cover the funding of such an expensive procedure.

Work[Exhibit D]:When it comes to hardships, I believe one of the biggest ones would beif I had to move to Lima, Peru to be with my wife. It would literally be next to impossible. First of all, I would have to leave my grandfather behind, which would not only break my heart, but would be cruel to leave him unattended at this stage of his life. My mother is in no position to care for him on her own since she has health problems of her own. I do not speak Spanish at all; my wife is the bilingual one, getting a job with a broken Spanish would prove very difficult. I graduated with a degree in Computer Science, a field that is just developing in Peru. Getting a job in Peru doing what I know is highly unlikely. There are opportunities in Peru for people with a degree like mine. However, there are far and few in between and require years of experience, which I do not have. If I could get a job, the amount of money I would get paid would be nothing compared to what I’d be entitled in the United States as a junior programmer.

Student Loans[Exhibit E]: I graduated 8 months ago with a Bachelor’s Degree in Computer Science. To be able to complete my career, my mother and I applied for student loans many times. I am currently indebted to the government for a whopping total of over 100,000$, combining my mother’s loans (Parent plus Loan) and mine. If I were to move to Peru, and couldn’t get a job that can average what I would make in the United States, I will not be able to afford the 500$ monthly payment I need to make. Furthermore, if I can’t get a job doing what I know, and have to settle for the average Peruvian income which is around 500$-600$ I would have little to nothing left to pay for anything else after completing the payment for the loan. I applied and took these loans with a job in my country in mind, to be able to afford these payments. I need to be in the United States, with my wife, to be able to fulfill my debt.

Security and Unemployment [Exhibit F]:I have been to Peru countless times over all these years. It is a beautiful country. However, we cannot ignore the problems it faces and the hardship it would bring me to move down there. As you can see in the presented documents, though Peru has grown at a steady rate in these years, it still faces very high rates of unemployment. It would bring such hardship to live in a country that doesn’t guarantee you a future, not because you don’t have the knowledge, or because you don’t have a degree, but because just like you, there are 500 others looking for the same position. Let’s discuss security. The last time I was there, crime rates were off the roof in Lima. Living with my wife’s family, I saw every single day, the fear they have every time they leave the house. I don’t know how we would raise a family in a place that provides no security for our wellbeing. A place that is chaotic and dangerous in the best areas. I would love to visit and see my wife’s family over the years, but I refuse to start living in a place in constant fear.

Air Pollution in Lima [Exhibit G]:Air pollution in Lima, Peru is a serious problem. The world health organization has labeled Lima as the most dangerous city in South America when it comes to this. Peruvians themselves call it “the smog of death”. Asthma runs rampant in Lima because of the heavy pollution and the humidity that is there. Humidity percentage in Lima runs as high as 95% every day during the winter, and never below 75% year long. As information in Exhibit F will show, over 2.3 million Peruvians suffer from some sort of bronchial disease, including my wife that has had mild asthma since she was a child. Not only the weather plays against the Peruvian population, but the chaotic traffic, the smog and overall city contamination play a role in the high rate of pollution in Lima. Raising a family, and of course living in Lima long term is an extreme health hazard for anybody, especially for small children. I do not want my future children to have any type of respiratory problems that may cause them hazards from a very early age.

Future family:I would love to start a family with my wife in the near future. It has been in our plans for a while, but we were waiting to be settled in the United States. The possibility of moving to Peru definitely puts our plans on halt or even out of the question for all the given reasons above.

In conclusion: My wife did break the law. She was brought to the United States first when she was 15 by her parents, and left when she was 17. She overstayed, and worked on the wrong type of visa. She tried returning at 19years old with a back dated stamp following wrong advice. However, during the time she remained in the United States, she respected the law wholeheartedly and was never arrested in anyway.Immigrant was deported voluntarily in 2004 on entry. She knows the mistakes she made. It was a time of desperation for her and her family. I don’t justify her mistakes, nevertheless I ask my government to give her a second chance. A chance to redeem herself and prove to be the wonderful citizen I know she can be.

I hope I can provide enough documentation and pictures to prove all these hardships. But more than anything, I hope the person who reads this can understand how not getting this waiver could impact our lives, and can provide us with the comprehension we need to be able to start a new chapter in our lives. Thank you for your attention in advance.

Documentation includes as of right now:

our I-601 is quite thick right now, probably a bit over an inch in documentation.

Got doctor notes on my mother and all her conditions, got a doctor note for my grandfather and his conditions, Monday morning I will have my doctor notes on my skin problems - also I have the paperwork on my student loans.

Other papers include:

Pictures of my skin issues.

Got my wife's written letter on her ban.

Got my mother's written letter stating hardships.

Got my letter(as seen)

Crime rate in Peru being quite high in 2014 and 2013.

Pollution in Peru is insanely high - rated #1 in south america.

Job market - average peruvian makes around 500$ a month - I cannot afford my student loans with this.

I showed there is very few master degree programs in Peru to support my education desires since I have my Bachelors in Computer Science(very few master programs)

I wrote a letter stating that I do not speak the native language whatsoever.

I have a table of contents, and pages broken into tabs for easy navigation.

I have everything clipped together with ACCO Clip, since the binder was not recommended.

I have done this process and been working on it with my wife for about a month so far just on our paperwork. How is it looking...? Thoughts..?

About my wife's ban - she was banned under INA §212(a)(6)©(i) - she has been 12 years outside the United States and got deported at the young age of 18. I do not have the money for an attorney, so this is literally me fighting for my future here.

Help me oh great VJ!

Much love,

Chris

Great hardship letter for an overstay....for each topic do a double space so reading for adjudicator is easy not jumbled.

Your wife can write a letter but DO not put an apology in it Laurel Scott states apology is not needed for over-stays & can

come of very fake to the adjudicator, only criminal waivers need apologies, plus your wife was a minor & not responsible

Add some family photos..this can be photo-copied on regular copy paper

When your package gets to Neb they will discard all the clips whatever holds it at the acceptance booth

Download & add a G1145 and ot must be on top of the docs

I would suggest you put that NVC # on every piece of paper sent in (they do mislay stuff)

On I601 form #40 will need explanation of inadmissibility

If deported one needs I212 also, at times the CO 4get to put on 22G, o harm sending that form too in package to avoid delay

You did a good job Best wishes

Edited July 18, 2015 by Jawaree

[AmyWrites 593]

If it were me, I'd write about the health issues before writing on your grandfather and work situation.

[chrisaivey 3]

Great hardship letter for an overstay....for each topic do a double space so reading for adjudicator is easy not jumbled.

Your wife can write a letter but DO not put an apology in it Laurel Scott states apology is not needed for over-stays & can

come of very fake to the adjudicator, only criminal waivers need apologies, plus your wife was a minor & not responsible

Add some family photos..this can be photo-copied on regular copy paper

When your package gets to Neb they will discard all the clips whatever holds it at the acceptance booth

Download & add a G1145 and ot must be on top of the docs

I would suggest you put that NVC # on every piece of paper sent in (they do mislay stuff)

On I601 form #40 will need explanation of inadmissibility

If deported one needs I212 also, at times the CO 4get to put on 22G, o harm sending that form too in package to avoid delay

You did a good job Best wishes

Thank you so much! I did not know about the I-212 - I am getting my wife to fill that out and DHL it to me today.

If it were me, I'd write about the health issues before writing on your grandfather and work situation.

Thank you, good point. I will be changing that!

[allyinchicago 8]

I just did our I-601 in Feb and it was just approved this week but it was just for an overstay past a visa. my letter was 7 pages, my husband wrote a 2 page "I'm sorry letter" so our total waiver with all the evidence was 130 pages. My conclusion was a bit longer then yours, make sure you point out that by uscis approving your I-130 the United States has legally and formally recognized this marriage between the 2 of you.

Don't forget to send copies of your student loans !!!

[chrisaivey 3]

I just did our I-601 in Feb and it was just approved this week but it was just for an overstay past a visa. my letter was 7 pages, my husband wrote a 2 page "I'm sorry letter" so our total waiver with all the evidence was 130 pages. My conclusion was a bit longer then yours, make sure you point out that by uscis approving your I-130 the United States has legally and formally recognized this marriage between the 2 of you.

Don't forget to send copies of your student loans !!!

I already got them student loan copies! Did you do it without a lawyer? By chance could I see your letter? I believe mine with evidence is somewhere over the 100 pages+ as well.

I really like that the USCIS part about our I-130 being approved has legally and formally recognized the marriage between us - where did you find this part out? Or is it something you thought of? Sounds great!!!

Do get back to me.

[LoveMyTico 999]

Its not the USCIS you have to prove your marriage to. The USCIS only verifies you are able to marry. The consulate is the one you need to prove your relationship to. Pictures proving your relationship in your waiver package is pretty much dead weight. Your want to be short and to the point. Leave out the emotions and include facts with evidence to back it up. If an adjudicator has to go back to the long story you wrote 100 times, it may create doubt and then you might get an RFE. Your want them to look at it. Page through the evidence and know the first time that you have hardships. My husband's waiver package did NOT contain a long story. It was Short...to the point and approved with in 4 months. We did not send photos. We only included the medical records for my daughter and my mother. My mom filled out a medical Release for all her doctors so the lawyer could have access to what he needed. Same with my daughter. I sighed a release so all her records could be accessed. The simple fact that my daughter is being treated at the best children's hospital in the US really helped. Imo, you don't want the adjudicator spending Alot of time. You want them to open your file and complete it without questions. The fact that you didn't even know about the i212 waiver tells me that you most probably need a lawyer. Its a lifetime ban for misrepresentation. I hope you at least consult with a lawyer before you send your waivers with $585 each.

Edited July 18, 2015 by LoveMyTico

[canadian_wife 1,791]

I know this is hard, but you have one shot to prove your case. A lifetime ban for misrepresentation is more serious than a ban for overstay. If this was my husband, I'd do everything I could to put together the best case. I would also not be arrogant and assume I was the best person to do this - I would certainly, without a doubt, hire a lawyer.

I know life is expensive, and this process is expensive as well. When we did ours I worked two jobs and my husband worked three to make it work. We had a lawyer and prepared for a denial and prepared a waiver packet as well. PTL I was not found inadmissible but we were prepared. You do not sound prepared.

Good luck

[chrisaivey 3]

I know this is hard, but you have one shot to prove your case. A lifetime ban for misrepresentation is more serious than a ban for overstay. If this was my husband, I'd do everything I could to put together the best case. I would also not be arrogant and assume I was the best person to do this - I would certainly, without a doubt, hire a lawyer.

I know life is expensive, and this process is expensive as well. When we did ours I worked two jobs and my husband worked three to make it work. We had a lawyer and prepared for a denial and prepared a waiver packet as well. PTL I was not found inadmissible but we were prepared. You do not sound prepared.

Good luck

Good points made, and I appreciate it. I would think the seriousness would be a lot less since of her age - 18 - and her being outside the country for 12 years without reentering would make it much less severe. Also with her never being arrested, no drug charges, etc. etc.

I am already very crammed on money - I am paying near a grand for my grandfathers stay at his assisted living for his 24 hour care, my student loans another 500, bills - dishing out 5k like that is life threatening for me, I will definitely be doing the consultation though. I just dont know how I can go about affording a lawyer to do the case for me at this time of my life.

Is it really "1 shot" or is this just a myth as well? It says on the USCIS website if a denial happens you can just reapply - what did you do to prepare for a denial by the way?

Edited July 18, 2015 by chrisaivey

[LoveMyTico 999]

Are you willing to fork out the waiver fees again if you get denied? Might as well pay a lawyer to write the waiver. It really is a one shot deal. Don't fool yourself. They aren't kidding. What does lifetime ban mean to you? Be careful how you bring up how much you pay for your grandfather and then state you've flown to Peru. Have you been maintaining your marriage for 12 years? Also....a surgery that hasen't happened yet doesn't create a hardship. Even though your state your surgery is necessary, its not life threatening so it could be considered voluntary surgery. Idk....I Think your hardships need to be sorted out and arranged professionally. Don't get too arragant. Money is tight for everyone. I never wanted to give money to the government for this process but you do what you have to . everyone has bills. Financial is a weak hardship. Just sayin