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

[Jawaree 717]

Lifetime bans are for those claiming to be USC & Moral Turpitude nor does it

come as misrep in waiver packets

OP do not over-load on info cases seem similar but they are different

I agree the medical on you should be addressed first, then G/father

the fact you want to have kids, financial hardship (have statements proofs)

and outline properly why you cant go there to live & why she must come here

The marriage s already found bonafide you don't need to go over that

A I 601 is to ask plea for discretion so feel free to tell all your hardships

& pain, the adjudicators see that everyday, be sure to have correct spelling

and some to proof-read the final thing

I know a few ppl find attys to write a brief (outlying/arguing) points in the USC

hardship ....A BRIEF....If you can find one that will I hear its about $400 but not

many attys do this since they want the case...If you find one make sure they

have done waivers before .

Atty or not you have to provide hardship letter & everything to an atty

they will just fill out form & add a brief

You can google Liz Cannon or Heather Poole & do free ph consults

Edited July 18, 2015 by Jawaree

[canadian_wife 1,791]

To prepare for the denial we hired a lawyer before we filed. She helped us with the paperwork for the initial filing (which isn't necessary) and started on the waiver packet immediately. She put together a good one and it was very professional. Looking at my packet and yours - it is clear which one was done by a professional.

Your wife is the one that has to go to the interviews and answer the questions etc. Why would you prolong this for her sake? A lifetime ban is serious - why on earth are you so caviler about it? I think that is what is the most frustrating. My husband got his second job immediately after our separation when we first filed and his third when the bills started piling up. I got both my jobs back to back so I was able to contribute the best I could. You make it work even if it means holding off a few months while you get a job at Walmart as a greater and save for the lawyer. That is better than going through the filing again, making your wife wait again, and prolong this even further. Why even go into this process with the attitude of "why cant just refile?" Because this whole process is terrible, my question to you is...why aren't you doing everything in your power so this process ends sooner? Seriously, can you answer that question for me?

Good luck

[Gosia & Tito 199]

Hey there, thank you for the reply. I never would of thought someone would of called the case "weak" by all means, but I definitely appreciate your opinion!

Your Computer Science remark - My response - Should i state then my desire, since I have none to start up my own company...? And starting up my own company as a junior CS major would be nearly fresh out of college is really not an option? A business would require me having years of experience that I just do not have since I just recently finished my degree and am trying to get on my feet. I stated all of this within the Work paragraph. Graduating with a CS degree means you have knowledge of graphic design, programming, web development, etc. - but skills up to snuff to accomplish these fresh out of college at a level to have my own business transactions? No way.

Average peruvian income - My response - Since I have very poor knowledge of the Spanish language, which I did state within the Work section documentation - doing business transactions would be very complicated on a daily basis more than likely for my end. I'd have to have my wife with me, every waking second haha. So as a fresh CS grad, with very little knowledge of the Spanish language I believe that is sufficient evidence of me not being able to acquire much higher income. Definitely with my school loans hitting from 200-500$ monthly.

Unemployment rates - My response - I believe this will effect me more, and I think I should reword it better after your response. Peru's unemployment rate sits at around 7%-13% while US sits at 2.5%-5% from my research from the documentation I provided. This is quite high when its only calculating people actively searching for jobs. Visiting Peru(I do not know the sections you have been too) theres tons of people from what I saw who do not even attempt to work and in areas(ie. Barranco) resort to crime among other things(drugs, etc.) to make money. I believe I need to really work on rewording this I assume.

Chaotic and dangerous - My response - This is debatable part here. Miraflores for example I always called it my safe haven with its insane amount of security, but I have been in Peru for quite sometime on working through the I-130 process with my wife. Catcalling, windows being smashed and things being stolen(even while just stopping at a light), drunks in the street on a constant basis, I have the documentation to support the high crime rate. I am not to worried about this statement I made from places like here: https://www.osac.gov/pages/ContentReportDetails.aspx?cid=15742where US. DOS. states crime in a constant problem in Peru and in 2013 the US DOS labeled it as critical.

Thank you so much. You gave me a lot to think about, and rewrite again. You are the first I have shown to call my arguments weak, shocking, but I appreciate that greatly. I will begin rewriting and touching up with supporting documentation on the things you provided to back up what I stated. I definitely should work on rewording the Unemployment section better after our discussion.

No prob. Immigration employees are notorious for having no humanistic side and to follow policy. Some are nicer but your arguments need to be bullet proof and objective; otherwise they are going to take the stance of "you chose to marry a foreigner" that we all here are very familiar with

Even for you recent degree, I believe you would have an attractive offer/outcome just for the mere fact that you are a USC and have a degree from the US. Sorry if it sounds offensive to the locals, but it is the truth (true in other countries too).

Most professionals in the field will have at least a passable command of English, you would not really need Spanish that much, and once you have the command of it, you would enhance your demand quite a bit...I know this first hand. As odd as it might sound, not knowing Spanish is a plus at the beginning.

In terms of a start up; you could partner with a local group. I've been offered that several times, even to do it remotely from Houston but my current workload makes it not feasible and I'm certainly not going to commit to something I know I can't do; as attractive as some of those offers are (not only $ but the dynamics and can do attitude of some of the groups I've talked to)

Now, I'm pretty sure you want to live independently from your in-laws; but unless they have a small place, they would be delighted to have you around, at least for a small period of time until you get on your feet. Have you asked your wife, your in laws? I'm almost willing to bet that they have already offered, again if they have sufficient room for you both.

The crime you note I know well; but it is not out of unemployment. IMHO and validated by many locals, it is just easier given the little protection of the law and police. But I have to tell you, a lot has to do with not presenting yourself as a target. Believe it or not, I've walked around the Gamarra area on my own and with my wife (more than once, enough to be now recognized by some merchants), and not only in the 'secured' area but outside the 'fence'. My wife can't be more blonde and white, it was like a lighthouse in a night with no moon, yet, never a problem. That said, I'm always aware of surroundings and needless to say, I'm not flashing wrist watch, jewelry or anything that can give ideas to some people. I do go there for clothes and last time for fabric as my wife wanted to make curtains.

There was/is a TV show, can't recall the name that presents or exposes I guess cases that are odd. I watched one that focused on foreigners in Lima. Amazing. You might want to look for it in the web, Sexto Dia I hitnk it was.

The security bars, security guys everywhere, etc; I also know well; and yes it does take adjustment; but as I said, some areas of NY, Chicago or LA get me more afraid than Lima. I always wonder how adaptable people are.

Instead of seeing the cons,I'd advise to look at how those things can play to your advantage. Having a wife and 'family' over is an advantage

All the above is to help present a better case. I understand you rather make your life in the US and I wish you the best; it's just always good to have alternatives. I was ready to move to my wife's country if need be. And I spoke no Polish or anything close to it. BUt did make a plan about living in Europe if I had to.

For what is worth, we are thinking retiring in Peru

[Gosia & Tito 199]

Hey there, thank you for the reply. I never would of thought someone would of called the case "weak" by all means, but I definitely appreciate your opinion!

Your Computer Science remark - My response - Should i state then my desire, since I have none to start up my own company...? And starting up my own company as a junior CS major would be nearly fresh out of college is really not an option? A business would require me having years of experience that I just do not have since I just recently finished my degree and am trying to get on my feet. I stated all of this within the Work paragraph. Graduating with a CS degree means you have knowledge of graphic design, programming, web development, etc. - but skills up to snuff to accomplish these fresh out of college at a level to have my own business transactions? No way.

Average peruvian income - My response - Since I have very poor knowledge of the Spanish language, which I did state within the Work section documentation - doing business transactions would be very complicated on a daily basis more than likely for my end. I'd have to have my wife with me, every waking second haha. So as a fresh CS grad, with very little knowledge of the Spanish language I believe that is sufficient evidence of me not being able to acquire much higher income. Definitely with my school loans hitting from 200-500$ monthly.

Unemployment rates - My response - I believe this will effect me more, and I think I should reword it better after your response. Peru's unemployment rate sits at around 7%-13% while US sits at 2.5%-5% from my research from the documentation I provided. This is quite high when its only calculating people actively searching for jobs. Visiting Peru(I do not know the sections you have been too) theres tons of people from what I saw who do not even attempt to work and in areas(ie. Barranco) resort to crime among other things(drugs, etc.) to make money. I believe I need to really work on rewording this I assume.

Chaotic and dangerous - My response - This is debatable part here. Miraflores for example I always called it my safe haven with its insane amount of security, but I have been in Peru for quite sometime on working through the I-130 process with my wife. Catcalling, windows being smashed and things being stolen(even while just stopping at a light), drunks in the street on a constant basis, I have the documentation to support the high crime rate. I am not to worried about this statement I made from places like here: https://www.osac.gov/pages/ContentReportDetails.aspx?cid=15742where US. DOS. states crime in a constant problem in Peru and in 2013 the US DOS labeled it as critical.

Thank you so much. You gave me a lot to think about, and rewrite again. You are the first I have shown to call my arguments weak, shocking, but I appreciate that greatly. I will begin rewriting and touching up with supporting documentation on the things you provided to back up what I stated. I definitely should work on rewording the Unemployment section better after our discussion.

Additionally, you need to demonstrate how is the situation critical and hard for you; not for your relatives, even if indirectly. As much as possible, procure documentation that would be used by the USCIS, such as the DOS report you mentioned, other sources might not be considered as credible .In other words, fight them with their own weapons.

Also notice that you are focusing most of your arguments around Lima; while it is the most important business center; you could live say in Arequipa or even Cusco and not face many of the hardships you note in your letter. You could maybe use an argument of health care not available suitable for your needs and that could present a stronger case. Do not know however if this is the case; another possible argument is whether you would not be granted carnet de extranjeria; that possibility might carry more weight.

It's some research, but perhaps worth it in your case.

[LionessDeon 2,060]

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 are currently working on a waiver and our lawyer asked for a few pics to send in with the documents. So pictures must mean something. Id tend to error on the side of caution and send in a few...don't go crazy. Our lawyer said 3-5

Edited July 19, 2015 by LionessDeon

[D.Ba 85]

Why mention your Grandfather is a Korea veteran? I don't think that makes him more deserving.

Agree, too emotional (beyond terrified). Facts! Read it like a lawyer, not like a human.

Edited July 19, 2015 by D.Ba

[Jawaree 717]

It have been mentioned in a stake-holders meeting that vets tend

to get a llttle favorable thoughts at time...Why all this lifetime ban

comments it does not apply to this case...OP talk to one of the

attys for professional & objective help ALL cases differs.

K1 is different from spousal, USCIS accept I 130 & decide if the

relationship is bonafide & petition is OK to go if not its denied/NOIR

go to NVC for more background checks then Embassy (DOS) interview

Edited July 19, 2015 by Jawaree