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Does it help I-601A if undocumented spouse needs surgery?

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Hello, fellow VJ-ers. I was hoping for some advice.

My husband entered without inspection over 10 years ago. We're applying for I-601A (I have a serious medical condition and he takes care of me when I get sick). He was in two car accidents last year and requires surgery.

Would that be something we should mention in the Hardship Letter for the I-601A? My thought would be that it would not make a difference to the US government, since he's undocumented.

However, our lawyer's paralegal is claiming that a letter from my husband's doctor stating that he needs surgery, would help his case.

Is this law firm just creating another "hoop" for us to jump through, or has anyone heard of the undocumented relative's medical condition making a difference for the hardship waiver?

Thank you in advance.

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hi

you're right, it doesn't make any difference, you are the one that needs to prove hardship

if he needs surgery, he can do it in his country, and you can be with him, plus it would be way more cheaper in his country than here

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hi

you're right, it doesn't make any difference, you are the one that needs to prove hardship

if he needs surgery, he can do it in his country, and you can be with him, plus it would be way more cheaper in his country than here

Thank you, aleful. Would it make a difference at all that the Guatemalan healthcare system is in the worst crisis it's ever been in? Patients have to bring medication, surgical instruments, clean surgical gowns for the surgeon to wear, sheets, blankets, etc. This is because the public hospitals have not been able to pay their vendors for a long time now. (It's so bad that if someone needs a simple blood sugar test, the hospital doesn't even have the supplies to do it, and the patient has to have the blood test done at an outside lab.)

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Thank you, aleful. Would it make a difference at all that the Guatemalan healthcare system is in the worst crisis it's ever been in? Patients have to bring medication, surgical instruments, clean surgical gowns for the surgeon to wear, sheets, blankets, etc. This is because the public hospitals have not been able to pay their vendors for a long time now. (It's so bad that if someone needs a simple blood sugar test, the hospital doesn't even have the supplies to do it, and the patient has to have the blood test done at an outside lab.)

I don't see what difference that has to do with him getting a GC which you are after.

I will be way expensive to get it in US (I guess he doesn't have any insurance) can you pay for the surgery?


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

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I don't see what difference that has to do with him getting a GC which you are after.

I will be way expensive to get it in US (I guess he doesn't have any insurance) can you pay for the surgery?

Hi, Georgia16. I guess the only point would be that it's very, very difficult to get adequate health care in Guatemala right now.

Here in the US, my husband has health insurance as well as Personal Injury Protection from his car insurance. Additionally, because both accidents were not his fault, we got an accident attorney to represent him, and we'll be seeking reimbursement from the people who hit his car.

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Hi, Georgia16. I guess the only point would be that it's very, very difficult to get adequate health care in Guatemala right now.

Here in the US, my husband has health insurance as well as Personal Injury Protection from his car insurance. Additionally, because both accidents were not his fault, we got an accident attorney to represent him, and we'll be seeking reimbursement from the people who hit his car.

Okay well good he is covered.

You need to make the hardship on you ....


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

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Okay well good he is covered.

You need to make the hardship on you ....

Thank you! Based on everything I've read in forums like VJ, it doesn't make any sense that the paralegal would suggest that we include stuff about hardships for my husband. (SIGH)

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Thank you! Based on everything I've read in forums like VJ, it doesn't make any sense that the paralegal would suggest that we include stuff about hardships for my husband. (SIGH)

If that hardship is all you have, then what do you have to lose by listening to the paralegal? What is your alternative?

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Go to immigrate2us dot net and search the hardship letter forums there, the members there are more familiar with it.

If you could proof that a surgery in his country could threaten his life and therefore it would cause you hardship then

it could be used, not a very strong point but one more point to add to your other hardships.

You should come up with 7 or so listing from the strongest to the weakest.

I would not rely on a paralegal but would seek out a very good waiver immigration attorney, these packages are not

do it yourself things to do. This may be your last chance, give it all you got, it's expensive but worth making a loan for

to pay a good attorney.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Go to immigrate2us dot net and search the hardship letter forums there, the members there are more familiar with it.

If you could proof that a surgery in his country could threaten his life and therefore it would cause you hardship then

it could be used, not a very strong point but one more point to add to your other hardships.

You should come up with 7 or so listing from the strongest to the weakest.

I would not rely on a paralegal but would seek out a very good waiver immigration attorney, these packages are not

do it yourself things to do. This may be your last chance, give it all you got, it's expensive but worth making a loan for

to pay a good attorney.

Sorry for not explaining better. I do have an immigration attorney. It's his paralegal who actually contacts me, though.

My main hardship is my chronic medical condition, as well as my finances. I wrote a very detailed evidence-based hardship letter, the lawyer's office is reviewing it. I just didn't see a reason for them to want a letter from my husband's doctor.

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The bar for a I601A waiver is very low


“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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I agree with boiler.

Also proving that you have a serious medical condition and YOU cannot get adequate health care in Guatemala and need your husband for said health care would be more appropriate.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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