Would this kill my chances at proving hardship?

[luvinmb 0]

I am truly sorry for your situation. Our situation like jpaula is a completely waiverable form of misrep....it was clearly stamped in his passport and he was given a copy of his interview from his denied entry. And they let him go home with no problems. We knew and the interviewing consulate at Juarez knew the entire incident, had a copy of the report we had and so there was never an issue of if he was going to need the waiver or not. The BIG difference here is like KitKat stated, since in your situation there was a false claim to being American, there is a good chance the consulate will see that and not allow you to file a waiver, since it is the section of law under misrep. that is not waiverable.....You really need to get an attorney and find out exactly what is in the system about your incident, especially since you say they gave you nothing and did not stamp his passport......Good luck and I hope you get the opportunity to file a waiver.

[GabachaYucateca 0]

Hmmm...I definitely think it's awfully when the dad has to go back to his country and misses out on big events in his child's life because of the wait. But 14 years? In 14 years she has never taken their child to her father's country to visit him? I don't know the specifics, but that sounds bizarre.

[eap620 0]

Yes, even though when the incident took place, they didn't stamp anything in his passport and no papers were given to us...I'm pretty sure it's in the system as misrep because that's what the CO at the embassy in Belize said. He didn't tell us that a waiver wouldn't work for us but who really knows. Maybe they want you to spend the money and waste your time. He just told me to file for him (I-130) and then we will need a waiver. It sucks!!!! I will live with regret forever over this. I'm just waiting to get some money together and talk to Laurel Scott.

Thanks for all the advice. And just to clarify...I wasn't trying to say that I was for sure planning on having a baby and then keeping it separate from the father. I had just said that that may be the only thing that changes in our relationship over the next couple of years. I wouldn't get pregnant or have a child just to try and make our hardship letter look better. And if I do have a child and we don't have any luck with immigration...I will just continue to live in Belize.

[delalunaluna 0]

I am a legal assistant at an immigration law firm and I agree with the following of what people said.

1- do make sure there is no false claim to citizenship on his record. There is a permanent bar for immigrant visas for this (however, not for nonimmigrant, interestingly)

2- you do need to get an attorney. it is worth the money. any little stupid mistake can cost your approval.

in solidarity,

(we have our IV appt in marc and our waiver appt in april),

delalunaluna