601 assistance

[Beanie 0]

So it appears I need to file I-601 Waiver after being refused visa on grounds of inadmissibility due the over stay. 10-year ban. Also, would need to return previous green card. with that I'm having an issue. The I-407 form clearly states I have no immigration intents, but I do, that's why we're in the process. So if I mail in my previous green card with signed 407, is it sure it wont null and void our current application? I tried requesting clarification on this from USCIS, but they wouldn't say a thing about it.

 

About the hardship, we have 2 kids, my husband (USC) has been our sole provider for the last 8 years, he's due to deploy within few months, and our first born is in the speech therapy with active IEP, and if he's moving to my home country, he's education with suffer greatly. He doesn't speak the language at all, and, with his speech delay, I am not sure how quickly and easily he could pick up the language anyway. Teaching would be in this foreign language, because we can't afford the private school. My home country has very high unemployment rate, and I have been away from here and from the workforce for a decade, so it's really difficult to find a job. Our youngest is barely a year old, and I can't afford putting her to daycare because cost is too high without well paying job. I am in the process getting dx for serious autoimmune disease, but can't provide much of any papers of it because like said, i am struggling to get it diagnosed, and I don't have access to the previous medical reports from the last few years, so I can't even provide documentation of known complications.

 

With all this going on, both me and hubby are over stressed, depressed and quite frankly, overwhelmed, and can't afford a good lawyer to file the waiver, so I need to put it together myself. Any advice and thoughts?

 

And no, I do not need a lecture about it all being our own fault. We know wee screwed up, but there's a whole bunch of stuff that has happened and delayed the visa filing in timely manner which then resulted this situation. So if your only contribution is to insult or get stuck with what led to this, then please don't even reply. 

[NigeriaorBust 4,087]

  I don't understand the overstay and previous green card.  How did you get the old green card, and how did you get an overstay if you had one ?

[Beanie 0]

Life happened. Green card expired, so I went out of status and didn't have chance to fix it until too late. 

 

No advice. anyone? Or does someone know a good but very cheap lawyer I could consult with?

[Going through 5,668]

More information is needed so more adequate advice can be given:

 

Did you have the 2-year conditional card, or the 10-year card?  If the 10-year card, your status does not expire...just the physical proof (card) does.

You mentioned "visa" twice in your original post...however you wouldn't have needed a visa if you had a green card in your hands...hence the confusion a bit in terms of how you previously "overstayed" being a green card holder...

 

Unless you mean you had the 2-year conditional status, and never followed through with the Removal of Conditions part?

 

What date did the card expire, did you have the 2 year or 10 year green card, and are you currently in the US now or in your home country?

 

Also, if your only inadmissibility is the illegal overstay, however you got an overstay, the waiver you need to file is the 601A, not the 601.

Edited June 15, 2018 by Going through

[Beanie 0]

I had 2 year conditional green card, and conditions were not moved in timely manner, resulting over stay ban.

I'm out of States, so it's 601 waiver we need to file. 

[Going through 5,668]

2 hours ago, Beanie said:

I had 2 year conditional green card, and conditions were not moved in timely manner, resulting over stay ban.

I'm out of States, so it's 601 waiver we need to file. 

Darn...was hoping you were still in the US as it would have been (slightly) easier for you to start from square one again.  Best of luck to you!

 

[Boiler 43,434]

Nothing on your time line so it is all a bit of a guessing game as to specifics.

 

So can you do a waiver yourself, yes, many have. Not a simple process and requires a lot of research but certainly possible. The go to so self help site was I2US but that closed. You could start by having a read here: http://www.scottimmigration.net/

[Beanie 0]

19 hours ago, Going through said:

Darn...was hoping you were still in the US as it would have been (slightly) easier for you to start from square one again.  Best of luck to you!

 

Thanks mate!

 

And yup, if we would of got correct information during the process, we wouldn't be screwed like this. But, we received incorrect information and some info was deliberately not shared with us, so we are in a big mess now. Unfortunately didn't find this trove of information until it was already too late. 

 

Well, lesson learned and for sure will not be forgotten. 

[KDMG12 9]

My husband had his I-601 approved back in 2015. Our cases are very different, but I did compile a document for our lawyer that outlined my arguments and evidence. I found out later that the lawyer submitted my exact summary as part of the waiver application! Lol.

 

Waivers are tricky. One lawyer told us not to file because our arguments weren’t strong enough, but we took a chance- and it was approved in one month (an unheard timeline honestly).

 

Remember that USCIS doesn’t care about you as the immigrant- only the U.S. citizens. You must make your case as to why your husband (and I assume your USC kids?!) can’t move to your native country AND why he can’t live in the U.S. without you. Then be prepared to provide evidence for health-related (doctor/counseling records), finance (recurring expenses, medical expenses, insurance premiums), education, personal considerations, and special factors. I would include everything you can! I even included a police report from when my home was burglarized while I was home alone.

 

Best of luck!

[Beanie 0]

Thanks, KDMG12!

That's pretty much what I've learned so far too. We do have strong case on why USC can't move to my home country for several more years (about as long as I have ban left), and with kids there's the language barrier and safety concerns. My country has high unemployment rates, no job markets of any kind on my spouses field of expertise, being able to land to a job would require whole new degree and learning the language (which is on the top 10 of the hardest languages to learn). Cost of living  and taxes are very high.

About the financial stuff, did you include the expenses from both countries? For example the rent and such costs, car/ public transportation costs, insurances etc? 

I was thinking to have that kind of expenses from both, since moving to my country would practically completely devastate our finances and it would have great negative impact my spouses retirement benefits.  There's some special factors involved, on current situation, and on how we end up on this situation.

 

I'm debating if or not I should open the can of worms on how we end up on this situation. How I wasn't able to file roc at the time, and not being able to leave the country either because I could not obtain passport for my child because my crazy, spiteful ex dragged the divorce case for over 2 years, refusing to sign consent letter for the passport application etc. He had been threatening me with the immigration issues before and after I left him, he sent crazy messages to anyone he thought knew me, claiming me being mentally ill and extorting money from him (I had to ask spousal support and medical care when I was far along pregnant and the divorce proceedings had dragged on for a year already), He made all kind of crazy accusations which luckily didn't lead to anything because they were all bunch of lies. But, I'm not sure if I should include that to the waiver package (I have proof of everything). The whole story is so crazy even I have hard time to believe it and I actually did live through it all.

Edited June 18, 2018 by Beanie
Typo corrections, might of still missed few.

[KDMG12 9]

Hey-

 

I only included our American finances. Our case is pretty different- our I-601 was requested after my husband's green card interview, so he was already in the U.S. when the waiver was submitted. However, since you are not living in the States, I would include finances from both locations. Obviously the quality of life for your husband and USC children would increase if you weren't paying for two separate households.

 

I'm sorry to hear about your history with your ex, but remember USCIS likely won't care unless it directly impacts a USC. But I guess that's where an immigration lawyer would come in handy. They're the experts.

 

It sounds like your strongest arguments may revolve around your USC children. If your child has an IEP through Special Education services, I would focus on that. And what about health care? Does your husband's insurance cover medical care in your home country? Do you have documentation that your children struggle when your husband is deployed? I can't quite decipher the current living situation- but maybe the kids show signs of distress when you are away as well?

 

And I also recommend filling out your timeline- I really think it would help connect you with other people that are from the same home country, same local office as your USC husband, etc.  

[Boiler 43,434]

It would be VERY unusual for the US Courts to allow USC children to be taken out of country if one parent disagrees. Can be difficult to go out of State.

 

 

[Beanie 0]

On 6/18/2018 at 11:55 PM, Boiler said:

It would be VERY unusual for the US Courts to allow USC children to be taken out of country if one parent disagrees. Can be difficult to go out of State.

 

 

It was not parent disagreeing, it was ex (not the biological father) not signing the passport application knowing it' would force me to stay in the country overstaying conditional GC since I could not file for roc without him or divorce degree. And by blocking my travel back to home country, he also prevented me getting the divorce there in shorter time than it took to complete in US. But that's really besides the point of this. I asked pointers for a waiver, or possible good waiver lawyers whom would not charge insane amounts.

[Boiler 43,434]

Not sure I understand what was going on and why the ex has a say. But probably does not matter.

 

ROC when in Divorce proceedings you file anyway and basically they sit on it until the Divorce is complete.