HARDSHIP CASE??

[smokey27 0]

My Fiance ask to our lawyer if we can move to Hardship case but I have no Idea what its all about Any one can explane it to me...

[KimandRuss 0]

Do you mean hardship in the case that you have not met in person in the last 2 years?

It's very unlikely you will be approved for this...

Meeting Requirement: Exceptions

There is a provision in the law that may exempt the petitioner from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2). Unfortunately, such waivers are very rarely granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that they can't fly at all. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government's satisfaction.

This is just one link I found but there are hundreds regarding this topic. I don't believe I've seen a case for hardship approved here but I wish you much luck.

[bratikicks 0]

lawyer can just waste ur time and money..........

we went to cr1 route and we only have it by our own....

i and my husband read during our vacant hours then after we gather all the infos we filed our case

and good we did it smoothly...we only had it for 133days or 4 1/2months till we done with our case

what u need is cooperation and make sure u're helping each other.....

but still its ur choice!!!!!!!!!!!!

i can give u some guidelines for K1

http://www.visajourney.com/wiki/index.php/K-1_Visa

u can get some info's there..........i still have more references of ur case since i read it also...

but now am having breakfast so i can send it to u in awhile.......lol

bRat

[pushbrk 12,883]

My Fiance ask to our lawyer if we can move to Hardship case but I have no Idea what its all about Any one can explane it to me...

What kind of hardship are you experiencing or claiming?

From previous posts, it seems your visa was denied because they didn't accept your co-sponsor.

Edited November 20, 2008 by pushbrk

[smokey27 0]

Do you mean hardship in the case that you have not met in person in the last 2 years?

It's very unlikely you will be approved for this...

Meeting Requirement: Exceptions

There is a provision in the law that may exempt the petitioner from the meeting requirement "if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k)(2). Unfortunately, such waivers are very rarely granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that they can't fly at all. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government's satisfaction.

This is just one link I found but there are hundreds regarding this topic. I don't believe I've seen a case for hardship approved here but I wish you much luck.

Thank you for a quick reply, well I guess i have to tell him that we don't need that hardship thing, The reason why it comes to his mind is He can't find a new job for now because he is under medication and he will have an Operation this coming Thanksgiving and he was thinking if he can ask a help a congressman or senator about our case and explain to them his situation, And send it to Embassy here and allowed to use co-sponsor of his Father, I heard that there is an exception using co-sponsor not sure about it, But any one here who been ask the help the Congressman and got no problem please let me know, I know he is not suppose rely on what our lawyer advice to him, That is why I am gathering some Info to tell it to my fiance,. thank again..

[KimandRuss 0]

Oh you're talking about a different kind of hardship.

In PI they don't generally accept co-sponsors. I'm really not sure if there is an exception to this or not or if a hardship waiver would work in your case. Your best bet would be to go talk with the folks in the PI Regional forum to find out from those who have been through that Embassy. Then go from there.

Good luck.

[smokey27 0]

My Fiance ask to our lawyer if we can move to Hardship case but I have no Idea what its all about Any one can explane it to me...

What kind of hardship are you experiencing or claiming?

From previous posts, it seems your visa was denied because they didn't accept your co-sponsor.

Hello to you... Just to make it clear I am not denied the consul that Interviewed me not allowed a co-sponsor she said that My fiance need to provide a letter from his new job stating his Income to make sure that he will support me once I move to US, But the problem my fiance is under medication for now, and cant find a new job. That is why he will asking a help of a Congressman but we still not sure how we start,.

[john_and_marlene 162]

My Fiance ask to our lawyer if we can move to Hardship case but I have no Idea what its all about Any one can explane it to me...

What kind of hardship are you experiencing or claiming?

From previous posts, it seems your visa was denied because they didn't accept your co-sponsor.

Hello to you... Just to make it clear I am not denied the consul that Interviewed me not allowed a co-sponsor she said that My fiance need to provide a letter from his new job stating his Income to make sure that he will support me once I move to US, But the problem my fiance is under medication for now, and cant find a new job. That is why he will asking a help of a Congressman but we still not sure how we start,.

There is no hardship waiver for inadequate income. If you need to use a cosponsor, you could get married and file CR1. Cosponsors are allowed for I-864 with CR1.

A congressman cannot remove the support requirement.

[smokey27 0]

lawyer can just waste ur time and money..........

we went to cr1 route and we only have it by our own....

i and my husband read during our vacant hours then after we gather all the infos we filed our case

and good we did it smoothly...we only had it for 133days or 4 1/2months till we done with our case

what u need is cooperation and make sure u're helping each other.....

but still its ur choice!!!!!!!!!!!!

i can give u some guidelines for K1

http://www.visajourney.com/wiki/index.php/K-1_Visa

u can get some info's there..........i still have more references of ur case since i read it also...

but now am having breakfast so i can send it to u in awhile.......lol

bRat

hi thank you for the reply, since we are not denied on our petition and just need to present the required documents we still want to continue this process,. Just having problem to provide it for now since my fiance is under medication, But by the way thank you for the reply and the Links.. God Bless

[pushbrk 12,883]

lawyer can just waste ur time and money..........

we went to cr1 route and we only have it by our own....

i and my husband read during our vacant hours then after we gather all the infos we filed our case

and good we did it smoothly...we only had it for 133days or 4 1/2months till we done with our case

what u need is cooperation and make sure u're helping each other.....

but still its ur choice!!!!!!!!!!!!

i can give u some guidelines for K1

http://www.visajourney.com/wiki/index.php/K-1_Visa

u can get some info's there..........i still have more references of ur case since i read it also...

but now am having breakfast so i can send it to u in awhile.......lol

bRat

hi thank you for the reply, since we are not denied on our petition and just need to present the required documents we still want to continue this process,. Just having problem to provide it for now since my fiance is under medication, But by the way thank you for the reply and the Links.. God Bless

Sounds like they'll allow you some time, probably at least four months. When your fiance finds a new job, he can comply with their request for documentation. They are not going to waive the need for adequate sponsorship. Sometimes they will accept a co-sponsor but usually that's for a recent college graduate with excellent job prospects. I don't see them doing it for a sick unemployed petitioner.