Can this hurt my waiver case?

[CH46 0]

I am currently waiting on my I-130, but I know my husband is going to need a 601 waiver. With such a long wait ahead of us, I am considering moving to be with my husband. He is from El Salvador, but with the lack of work there, we are looking at pursuing temporary residency in Mexico to be together while we wait.

 

My question is, will this hurt our ability to prove extreme hardship? Will our case be jeopardized if I move to be with my husband, since they could say I'm already with him and therefore there is no extreme hardship? Has anyone moved to be with their spouse while they waited and still been approved?

 

For context, here are the details of our case:
-My husband came to the U.S. in 2012 and was caught at the border. He was released on bond, but he never attended his court date and was given an order of removal in absentia.

-In October of 2020, my husband was pulled over for speeding, and the officer turned him over to ICE, where he was put into removal proceedings and ultimately deported.

-We got married that December in El Salvador and applied for the i-130 this March. We are being processed at the Potomac service center.

-I know we will end up needing the 601 and 212 waivers, which will be confirmed at our i-130 interview (still a ways off).

-I also know that, due to my husband's failure to appear for his original court date, he is facing a 5-year ban that cannot be forgiven by any waiver. This is the main reason I want to move to be with him, since it will be so long until he can come here, even if we get the waivers approved for the 10-year bar due to illegal presence.

 

Edited December 5, 2021 by CH46

[Allaboutwaiting 2,503]

What exactly is the extreme hardship?

[SalishSea 17,928]

1 hour ago, CH46 said:

I am currently waiting on my I-130, but I know my husband is going to need a 601 waiver. With such a long wait ahead of us, I am considering moving to be with my husband. He is from El Salvador, but with the lack of work there, we are looking at pursuing temporary residency in Mexico to be together while we wait.

 

My question is, will this hurt our ability to prove extreme hardship? Will our case be jeopardized if I move to be with my husband, since they could say I'm already with him and therefore there is no extreme hardship? Has anyone moved to be with their spouse while they waited and still been approved?

 

For context, here are the details of our case:
-My husband came to the U.S. in 2012 and was caught at the border. He was released on bond, but he never attended his court date and was given an order of removal in absentia.

-In October of 2020, my husband was pulled over for speeding, and the officer turned him over to ICE, where he was put into removal proceedings and ultimately deported.

-We got married that December in El Salvador and applied for the i-130 this March. We are being processed at the Potomac service center.

-I know we will end up needing the 601 and 212 waivers, which will be confirmed at our i-130 interview (still a ways off).

-I also know that, due to my husband's failure to appear for his original court date, he is facing a 5-year ban that cannot be forgiven by any waiver. This is the main reason I want to move to be with him, since it will be so long until he can come here, even if we get the waivers approved for the 10-year bar due to illegal presence.

 

I have read a lot of hardship denials in the AAO files on USCIS.gov.  The burden is on the applicant to show that the hardship to qualifying relative will occur BOTH if the waiver is denied and the two are kept apart, AND if the USC QR moves to the applicant's country.

 

Also - since you married so recently, your marriage could be deemed to have been an after-acquired equity.  In other words, too long after the events that make him inadmissible to be considered.

 

Do you have a good lawyer?  I don't see him getting a waiver in this case.

[CH46 0]

1 hour ago, Jorgedig said:

I have read a lot of hardship denials in the AAO files on USCIS.gov.  The burden is on the applicant to show that the hardship to qualifying relative will occur BOTH if the waiver is denied and the two are kept apart, AND if the USC QR moves to the applicant's country.

 

Also - since you married so recently, your marriage could be deemed to have been an after-acquired equity.  In other words, too long after the events that make him inadmissible to be considered.

 

Do you have a good lawyer?  I don't see him getting a waiver in this case.

I'm confused by your response. The date of marriage has no bearing on the waiver. It could make things take longer getting the I-130, but there is no requirement about the timing when it comes to getting a waiver. I do have a lawyer, and he told me we will need to prove extreme hardship. My husband's country is the murder capital of the world, and there is very little work available. I would have to leave my career and sell my house to go there. My lawyer advised me that all of these reasons could qualify as extreme hardship. My question was whether living with him in Mexico temporarily could make it more difficult to prove the extreme hardship.

[Allaboutwaiting 2,503]

4 minutes ago, CH46 said:

I'm confused by your response. The date of marriage has no bearing on the waiver. It could make things take longer getting the I-130, but there is no requirement about the timing when it comes to getting a waiver. I do have a lawyer, and he told me we will need to prove extreme hardship. My husband's country is the murder capital of the world, and there is very little work available. I would have to leave my career and sell my house to go there. My lawyer advised me that all of these reasons could qualify as extreme hardship. My question was whether living with him in Mexico temporarily could make it more difficult to prove the extreme hardship.

As per the USCIS policy manual, your circumstances generally would not favor a finding of extreme hardship as they're only common consequences of relocation -economic loss and the social and cultural difficulties-.

[Boiler 45,677]

I am going to disagree, very rare for a well prepared waiver to not be approved.

 

I don't know the totality of your case but you have mentioned a few things that would be a good start.