Beanie

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.

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.

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. 

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. 

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?

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.