KHandME

Determining hardship is a very subjective decision. what might prove extreme hardship in one case may not be enough in and of itself in another. There are no hard and fast guide lines for proving extreme hardship. the only way you are going to find out is to file the I-601 and see what they decide.

However since your husband is in the states, you may be opening up a can worms. I strongly recommend that you find a good lawyer (good luck on that) that has dealt with the consulate that you will be using. Also the lawyer should be an expert in cases where the foreign national is in the US illegally.

Also just for information proving extreme hardship alone does not guarrantee that your waiver will be approved. By their own admission we proved extreme hardship but our waiver was still denied. Our waiver was for a simple overstay with no criminal activity.

Also you did not mention if your husband was already under an order to leave the US. If he is, a I-601 may not enough. In accordance with the law, once you are under order to leave the US, that is considered the same as actually being deported.

Bottom line waiting for any type of reform may be a long time coming and even when it does there is a good chance that it wont help your situation. Strongly recommend that you proceed with the paperwork to at least attempt legalizing your husband. Once the new reforms are in place those that do not fall under the new rules (whatever they may finally be) will find themselves in even more trouble than they are now.

I am sorry that your waiver was denied. Our case is similar; the grounds are for overstay only. Was your waiver prepared by a lawyer? Did you know the approval rates in the country when you prepared the waiver? I wish you the best of luck in appealing the denial.

thank you for replying to my post.

The best thing that I have read/used regarding the subject is the following link. I think you have said that you have read it, but here it is again.

http://www.visacentral.net/I601Memo.pdf

This memo really spells things out for you in simple terms to let you know whether or not your "hardships" are convincing enough to help. I prepared the document myself and was extremely careful to get letters notarized and original documents that I felt showed each hardship. I chose not to use a lawyer as I had spent thousands already trying to do the k-1 filing. In our case, it was determined that we never needed the 601, nevertheless--this link is so very well written that I think you should read it. Do not despair.......there is always hope.

Also if you need help, I hear people recommend Laurel Scott. I do not have first hand knowledge of her, but some people posting have used her or have consulted with her by phone.

These of course are only suggestions.

I wish you luck.

Thank you for taking the time to reply. I am glad that your case turned out well, and I am VERY afraid of picking the wrong lawyer. I am considering the consult with Laurel because we will need the 601 Waiver.

THANK YOU for always being there. It makes a big difference.

After posting this message, I went into a state of depression, and anger, which resolves nothing, of course. I did not see any of the very KIND and helpful replies to my question.

I am SERIOUSLY considering the consult with Laurel, and I have spoken to my husband about the $5000 fee; it is difficult to negotiate between being an understanding wife and trying to explain that the information that I read here and on other sites, DO NOT recommend waiting for a reform. He hears completely different information on the Spanish news, and from family and friends who believe that once he leaves the US he will never be allowed to return.

To the person who asked if he is under order to leave, NO, HE IS NOT. The I130 was approved, and we were supposed to proceed with the Visa process by submitting the Affidavit of Support. A year passed and I have notified the NVC to reopen our case, and I am waiting to their letter to proceed. I WILL NOT WAIT FOR ANY MIRACLES.

The only thing I am unsure of is the lawyer issue; I don't have the $5000 for Laurel. Does anybody know how her payment schedule works?

Does that lawyer have specific experience with waivers adjudicated through the consulate you would go through? If not, she doesn't have enough experience to determine if your hardships are sufficent. All of the things you mentioned are strong hardships (medical is the strongest) and if written well with strong proof, there is no reason to think it wouldn't be approved. And whether or not you or he works has little impact on a waiver letter as financial issues are not of the most importance.

The decision to wait for reform is personal - if I were in your position I wouldn't wait. There is no way to know if the final law will cover your husband and there is no way to know how long a new bill will take. In the meantime, he's deportable every day - that would be too nerve-wracking for me.

I know you've talked to people and done research - have you done a phone consult with Laurel Scott? I would trust her opinion on how hard your consulate is known to be, and take her advice!

THANK YOU KITKAT!!

Hi, I reviewed your posts and it looks like you wrote the hardship letter on your own. Did you have any supporting letters from Doctors, employer, or other?

I am REALLY worried about taking this step, but unless we do something, my husband remains in LIMBO, unable to work, unable to drive..mmm

IT IS GOOD TO SEE THESE KINDS OF MESSAGES HERE!

thanks

marianne

HORAY!!!!!!!!

just got a letter in the mail saying the I-601 was approved!!!! My wife goes into the consulate next week to finish up!!!!!

That's Wonderful news!

May I ask if you used a lawyer for the Hardship documentation? If so, how did you decide which lawyer?

thanks and CONGRATULATIONS!

marianne

HORAY!!!!!!!!

just got a letter in the mail saying the I-601 was approved!!!! My wife goes into the consulate next week to finish up!!!!!

OK, I go back and forth between thinking this can be done and then falling into despair that Nothing is going to change.

husband (EWI) just spoke with a lawyer who told him that our case was basically impossible (i.e. would not be pardoned with the 601). She (the lawyer) asked the following questions:

How long have we been married? (dec 2004)

Have I always worked?

Has my husband worked?

My husband explained what we believe fall under Hardship categories:

I am responsible for elderly parent with memory loss, who would be seriously affected if I were to leave the country

My back surgery in 2006, and still in recovery

Diagnosis of depression

Close family relationship with my daughter from previous marriage

Basically, she said that these are not strong enough to qualify for Extreme Hardship, and she suggested that we should WAIT for the REFORM!! I AM TIRED OF WAITING.

We were told to wait in 2005; I have just recently requested the NVC to reopen our case since I did not submit the Affidavit of Support within the year; and NOW THIS? (NOTE: We received approval on the I130 in late Oct/Nov 2005)

IF I apply for the Visa, am I sending my husband away for 10 YEARS?!!?

People wonder WHY I AM SO DEPRESSED!!

thanks to anybody who takes the time to pass by!

PS: I have read the approved letters; I have read Laurel Scott's memo; I have spoken to lawyers. I have been here, there, and everywhere. I DON'T KNOW WHAT TO DO!!

I'm so happy for you both!! Did they give a reason for the denial the first time?

I'm new here but I also have found this site very helpful. I am not the most knowledgeable, but if you filed the I130, your next step should be the adjustment of status, the 485.

I was wondering if you could let me know how long the entire process took for your case. I am about to start the Visa process for my husband, and we will also need the 601 waiver. We have been putting it off; I don't want him to go but it has to be done. He will be going to Nicaragua, and it will be difficult for me to visit him while we wait for the approval so I am very unhappy about his going, but we have to get his status resolved.

Again, congratulations, and I hope you find the information you need.

I just wanted to let everyone know that my husband's request for a k3 visa was denied but then we did the 2nd apt in CDJ and filed the I601 waiver and it was approved that day and we returned the next day to pick up the visa. We are now back in the US (Praise God!!) I don't talk to alot of people on here but I come online alot and ask questions and I just want to say thank you for all the helpful info I have gotten from some of you and how this site helped me so much as far as preparing for being in CDJ and what was going to happen. His visa is good for 2 years, but what is the next step in the process anyone know?

I have a legal plan through my employer, I am hoping to start (again) the I130, and prepare a 601 waiver. I can choose a lawyer associated with the plan or be partially reimbursed for using a non-plan member lawyer.

I was told that there is a Wednesday chat with a lawyer named Laurel who provides a helpful document on the waiver process. How does the chat work? What time? Why types of questions? i.e. detailed or general?

Where can I find out more information about this lawyer? Has anyone used her/his services?

Any advice on choosing a good lawyer?

thanks to all, and especially to kitkat

I am new to this forum and I am not very knowledgable about the laws although I understand that the US does not want anyone who immigrates to become a financial burden. It looks like you have received some good advice from the others, and possibly using the cousin's income, or any other ways to show a higher level of income will help your case.

I just wanted to let you know that I understand your feelings of sadness at being separated from your husband. It is one of the most difficult issues; worse than dealing with the endless paperwork, lawyers, the fears. I hope that you are feeling even a little bit better and that you will be able to get through this difficult time with faith and courage.

take care!

Kitkat!! thank you so much.

I have been in such a state of despair that I have felt completely helpless. Everything that I read or see on TV is discouraging (regarding the Reform, redadas, etc) but reading your responses have helped a lot, not only because of the valuable material that you present in your replies, but because SOMEBODY else knows what I am going through. I haven't TALKED about this with anyone; nobody who is not in the same situation could understand, not even my closest friend.

I am determined to use the law to our advantage, and hope for the best.

THE BEST OF LUCK TO YOU TOO!

SUERTE y DIOS TE BENDIGA.

marianne

Here's what the ILW post said:

Immigration Daily July 24, 2006

Dear Editor:

Sgt. Ubau's letter (07/19/06 ID) had raised the issue of his wife's permanent residence case having been transferred from the US Embassy in Managua, Nicaragua to the post in Tegucigalpa, Honduras. In my (07/20/06 ID) letter to the Editor, I reported that I had been unable to confirm whether the Consular Section in Managua was processing visas. Today, I received confirmation from the Embassy in Managua saying that while they have no immigration officer there, they do handle both immigrant and nonimmigrant visa petitions, as follows: "Our Post does not have an immigration office. Tegucigalpa is the regional office for Posts without an immigration officer. All non-immigrant and immigrant matter are handled by us. We only transferred waiver cases to Tegucigalpa. Blanca R. Perez Ghitis, Immigrant Visa Assistant, American Embassy, Managua, Nicaragua." Since it appears Sgt. Ubau's wife requires an I-601 wavier of her unlawful presence in the US, this would be the reason her case was transferred from her native Nicaragua, to Honduras. The confusion and apparent predicament and concern about Congressmen and Senators not returning his telephone calls brings to light the simple fact that individuals who attempt to handle their own immigration matters, no matter how simple at first the matter may appear, would be well advised to seek competent legal counsel for assistance, if for no other reason than to alleviate the frustration by explaining the realities of the sometimes slow and seemingly unresponsive procedures we call our immigration "system".

David D. Murray, Esq.

So at least you now know where it will be processed and about how long it will take (from the information on the Honduras consulate site). My assumption is that the interview is in Nicaragua because they do handle immigrant visa interviews, but the waiver processing will go to Honduras. He should not need to go there for anything but you should confirm this.

A consult with an attorney experienced in waivers like Laurel Scott or Heather Poole might provide you with information on approval rates and more about the interview location.

Good Lcuk!

I am amazed at the information you are able to find. thank you. the link to the digest did not work for me but I will do a search for it, and read up on it.

If the 601 is sent to Honduras, does that mean that he goes to Honduras for the interview?

Regarding calling him Uncle instead of Dad is due to an existing family relationship. She knew him as uncle when we met and as mentioned by KitKat, she is not his biological daughter.

Also, we have spent more time living together than apart, but I appreciate your point of view on this. It had not occurred to me that it might be considered a red flag.

It looks like Nicaragua sends 601 waivers to Honduras to be processed. (more here http://www.ilw.com/immigdaily/digest/2006,0724.shtm)

That's not bad news since the Honduras website says it takes 6-8 months (could be much, much worse). Also, their site provides some basic information: http://honduras.usembassy.gov/english/miss.../timeframes.htm

Now you need to find out what their approval rates are like.

THANK YOU!! this is extremely helpful; I had not considered looking into approval rates for Nicaragua and I did read about the Visas but I was confused about the difference between the K-3 and the CRI/IR1.

you are very kind and I appreciate the time you took to reply so extensively to my first post.

(I can't figure out how to PRINT your reply!!)

I am new to this forum, and depressed. Married Dec. 2004; husband present in the US without inspection. I was unaware of the expiration of the 245i until I researched the USCIS website. I was shocked to find out about the 10 year ban on re-entry.

After consulting lawyers, the waiver process was explained to me. I filed the I-130 in 2005 and we received notice of I-130 approval but I have not completed the Affadavit of Support.

I am discussing this option with my husband although it is possible due to the passage of time that our case has been filed as closed.

My husband has consulted another lawyer who believes that it is advisable to wait for the Reform, rather than "self-deport" and hope for approval of the waiver. (In our case, it would be the 212?) My belief is that we should proceed with the law as it stands because he has already left California twice to work in Miami and he is probabaly going to return there since he has been unable to find work here without a work permit. (We pay taxes using an EIN)

My health is complicated; I had back surgery in July 2006 (my husband took care of me for 3 months, and then returned to Miami) and I have an elderly father with dementia, for whom I am legally responsible. My mother had colon cancer in 2004, and is still considered at risk. I was divorced with a 4 year-old daughter when we met. My daughter is extremely attached to her "tio" (uncle in Spanish) and the latest separation of 6 months while he worked in Miami was not only difficult for me when I returned to work post-surgery, but hard for her because she says we are a family. My husband came back because I am severely depressed, in pain, and unable to "get over it." (I apologize for the boring detail but I would be interested to know if these qualify as hardship.)

I do not understand about the K-3. I do not believe this applies to our case, but if I am wrong, could someone please let me know.

Also, since I have not received any further notice for either the Visa center or any other CIS department, is it possible my case is still open?