Living together in a third country while the I-601 processes

[Rdz's 3]

Hi,

My husband EWI, so may be filing the I-601 (though we are hoping to be able to file an I-601a). If he returns to El Salvador and we have to go through the longer I-601 process, I am dreading the long time apart.

I know that we have to prove that I can't live there and I can't live here without him. I am wondering if it will affect our chances if we both moved to a third country, like Costa Rica. If actually living there is a bad idea, what about a long visit (the months of my summer break)?

Any advice? Thanks!

[LoveMyTico 999]

How will you prove a hardship if you go live with him over there? The point of the waiver is to get him in the US because you are NOT able to go live with him. You might run the risk of them telling you he has to ride out his Ban. Just sayin'

[Jawaree 717]

First U need to getting a professional in dealing with waivers (a waiver atty)

There are ppl who live abroad with spouse and their atty is able to show with

evidences , briefs and other factors that being in that country cannot be a long

term event, school loans, elderly parents in US to help care for with him helping

U, financial responsibilities, cultural or religious barriers there, your inability to

obtain work, further education opportunity U desire, your desire to become

pregnant a receive good medical care substandard in his country, Just moving to

a 3rd country will find both of U illegal there. neither could he interview in another

country unless he's a legal resident of that country....speak to an atty. Good luck

[Rdz's 3]

Thanks. I have a lawyer, but we're not quite to this step yet. I was mainly thinking of Costa Rica since I would need a tourist visa and he would be automatically able to enter for up to 90 days sans visa AND importantly, it is not illegal to work in CR on a tourist visa.

[Boiler 45,168]

That sounds really unlikely.

[Jawaree 717]

The process could take up to 24 mths uscis>nvc>dos>lockbox for waiver approval

I think U should maintain a us domicile while in the wind as a back-up.

You are doing PW=I 601A? its a separate thing from I601, however if u have to VD its

standard I 601....can he get COR?just asking from his timeline & not sure if

un-documented can get it...ask atty

[Rdz's 3]

Whether we can do the I-601a or not will depend on getting the I-130 approved and then getting his immigration judge to administratively close his case. If not, he's taking VD and we'll be doing the regular I-601, which takes much longer. I know I'm looking at 18-24 months if we have to go that route, which is why I was hoping I could spend at least the summers with him elsewhere.