rissa.brazil

I have a situation that I need advice. We are currently at the NVC stage with a 10 yr ban that is up in August 2016. I am a USC living out of the US with my husband for over 4 years. We have all the evidence and co-sponsor to complete the journey. We were being patient and waiting it out but our living situation has changed. The economy of our country, Brazil, has changed. My husband has a degree & certifications that are highly valued but now no one wants to hire him because he is apparently over-qualified? But there is a ton of work for him in the US. So what do we do? Push forward with this step and get denied having us to come up with the money for the waiver? It could get denied even though I consider this situation a hardship for us both. Could we make this our case for the waiver? Or do we stick it out for August?

He was denied for a tourist visa with the 10 year ban. They told me to reapply for him under a nonimmigrant visa, but I'm guessing that the ban will still be in effect regardless of the type of visa.

Got all that. I'm just confused on what to put on the 601.

Hello All,

This is a long introduction, so I will try to give you as much information as I have. My husband and I have been married for 2 years in Jan. We initially met when he was living in the US back in 2005. He came in through a tourist visa, and then overstayed. He married a Permanent Resident of the US and they had plans to file for his change of status. Then their marriage fell apart and that is when I came into the picture. They were divorced in June of 2006 and he left in August of 2006, not knowing this would be the wrong plan of action. He left because as you know, being an immigrant in the US is difficult, and he was not advancing himself. So he went back home, and although it was hard, we lived separate lives for a few years. He advanced his career far enough along that he now makes a very good salary for himself in Brazil (and it would be very easy for him to find work there in the US as he works in a highly specialized field). He told me to come over on a tourist visa and see how I felt about being there with him. So I legally came over to Brazil, we married, and now I am a permanent resident here. I have no job or no income. I speak very poor Portuguese and I am just struggling to be anything here. I want to go back to the US so I can continue with college and get my own career. We are trying for children, but it has been a long and difficult road. I have been struggling to maintain a pregnancy. Getting the right doctor who I could communicate with has been a huge struggle. Also, as of last month, I learned that my grandfather in the US had major health issues that put him in the hospital, with my grandmother having alzheimer's it has not been easy for my family. My aunt has given up her life to take care of them full time and my parents feel like I could be there helping.

All of this aside, my husband tried reapplying for his tourist visa back in June 2012. We have a note from the São Paulo Consulate telling us he is inadmissible for 10 years due to 212(a)(9)(B)(i)(II). We had been putting off applying for his nonimmigrant visa out of my own fears that he would be rejected. He can legally go back in August 2016, but I am afraid that I cannot wait that long anymore. I have been reading about this process and that he will have to file this waiver. But I am confused as how we can file it using the information I have provided above. We don't have an extremely difficult life here but I cannot deny that I am struggling here and feel like I am on hold. I am resigned to staying here 2 more years, but I would think the family health issues that need my immediate attention could grant us the waiver.

Any thoughts or advice? I know there are some harsh realities here, but I don't need any opinions on how we handled this in the past. I just need some sound judgement on how we could make this move through. As far as I know, our process would be sent through the Chicago Lockbox but it would be handled in Lima, Peru as the closest office to Brazil. You would think they would have an office in Rio, but they only do interviews there. Anything about the I-601 would most likely be handled in Lima.