Question on 601 Waiver

[IpMan55 0]

My wife and I have been going through the Visa process for about 14 months now and havent been together for 20 months. We both are feeling emotionally drained, I am losing sleep and obviously this is effecting my daily work and life. I have seen her 3 times in the last 20 months and it is getting tougher as she lives in an area where she doesn't have regualr access to phone or internet. I have to send her money every month just so she can travel somewhere to call me or talk to me on the internet and skype isn't an option. I am about a month away from sending everything to lockbox but I have been considering now for sometime to just leave the the US for several months so we can spend some time together as husband and wife. I know the 601 is based on me having a job, and income, and proving hardship but is there anyway to leave the US and spend time with her and still have an approval on the 601 waiver? If not, is there any other options for us if I decide to give up everything in my life to live in Mexico with her? We would love to live in the US but we also just want to be together. My other worry partly is that I really dont have any extreme hardships other than my job and having health insurance and I am close to my family(who all are very healthy). Thank you all for your help and taking the time to read my question. God bless

[dwheels76 5,466]

<BR>My wife and I have been going through the Visa process for about 14 months now and havent been together for 20 months. We both are feeling emotionally drained, I am losing sleep and obviously this is effecting my daily work and life. I have seen her 3 times in the last 20 months and it is getting tougher as she lives in an area where she doesn't have regualr access to phone or internet. I have to send her money every month just so she can travel somewhere to call me or talk to me on the internet and skype isn't an option. I am about a month away from sending everything to lockbox but I have been considering now for sometime to just leave the the US for several months so we can spend some time together as husband and wife. I know the 601 is based on me having a job, and income, and proving hardship but is there anyway to leave the US and spend time with her and still have an approval on the 601 waiver? If not, is there any other options for us if I decide to give up everything in my life to live in Mexico with her? We would love to live in the US but we also just want to be together. My other worry partly is that I really dont have any extreme hardships other than my job and having health insurance and I am close to my family(who all are very healthy). Thank you all for your help and taking the time to read my question. God bless<BR>

<BR><BR><BR>What is it you need a 601 Waiver for. Misrep, fraud? The hardship isn't the reason for the 601 waiver? Just wondering if you fully understand the waiver? <BR><BR>Here's a link here about the waiver <A href="http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/">http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/</A> Edited August 30, 2012 by dwheels76

[IpMan55 0]

<BR><BR><BR>What is it you need a 601 Waiver for. Misrep, fraud? The hardship isn't the reason for the 601 waiver? Just wondering if you fully understand the waiver? <BR><BR>Here's a link here about the waiver <A href="http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/">http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/</A>

She entered the United States Illegally when she was 18. Therefore we are in need of completing the 601 waiver to remove the 10 year ban that has been placed on her.

[Ryan H 3,810]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum; OP is asking about the waiver process.

[jamielynn 0]

...I have been considering now for sometime to just leave the the US for several months so we can spend some time together as husband and wife.

If you leave the US for an extended period of time it will be harder to prove hardship. The point of the waiver is to show that you CANNOT move and that it would be a hardship on YOU as a USC to move there. If they see that you can travel for long periods of times or often, they will not consider that a hardship.

[beejay 123]

Ask your question at immigrate2us.net

Most of the members at that forum are going through the waiver process and can help answer your question.

I'm sorry you have to be separated from your wife. Good luck.

[GlobeHopperMama 95]

I agree. Get to immigrate2us.net, and you will get much more information about how to argue hardship in any situation.

While it is true that the waiver must prove that you cannot live in the spouse's country for the duration of the ban, there are two important things to remember.

1) The waiver also has to prove that you can not live in the US without your spouse. So obviously since you have to prove both things, you're going to wind up choosing one of those during the waiver process.

2) Once you drop everything and up and move to Mexico, you are likely to encounter lots of unforseen hardships and challenges in Mexico, especially given the circumstances you mention for your wife's living environment. Legal residence status in Mexico seems to be a big one unless you have a job lined up there. All of this proof of actual hardships can be used to bolster your waiver.

Again, see the I-601 Mexico resources on immigrate2us and you will see that plenty of petitioners move to Mexico during processing or are living there when they file and still get I-601s approved.

[Penguin_ie 5,992]

If you are 14 months into the visa process, you should be almost done, no? I'd at least wait it out. If you get a denial, you can think about other options.

[GlobeHopperMama 95]

Yeah, actually when you say "send everything to the lockbox", do you mean you're ready to submit the waiver to the lockbox? If that's the case, are you aware that the lockbox is processing waivers in under 6 weeks or so? Check out the Lockbox threads and the timeline spreadsheet on immigrate2us. It actually may not be much longer.

[IpMan55 0]

I will be sending everything later this week to my lawyer to check it over, once I get the paperwork back from them I will be sending it to the lockbox. I am guessing I will have everything sent to the lockbox in 3 weeks. I appreciate everyones help, I have a trip planned for a couple weeks to visit my wife during my birthday next month....hopefully that will be enough time for us until we get the news she can come to the US. By the way I am a frequent viewer of immigrate2us as well, I have seen the quick response times from the lockbox but also have seen some that take longer. Once again I appreciate everyone's advice.