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Posted (edited)

I need ideas for the arguments that have resulted in I601 waiver approval based on why the USC will suffer extreme hardship if the beneficiary can't move to the US. In my case the beneficiary was EWI but had no court orders, tickets or deportation or anything. I'm hoping to avoid the I5601 being denied based on the argument that I can remain in the US and he can remain in his country during the 10 year ban. I have several arguments for why I would suffer extreme hardship if I was to move to his country (financial, employment, health, family ties, etc).

Edited by claro
Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted

I need ideas for the arguments that have resulted in I601 waiver approval based on why the USC will suffer extreme hardship if the beneficiary can't move to the US. In my case the beneficiary was EWI but had no court orders, tickets or deportation or anything. I'm hoping to avoid the I5601 being denied based on the argument that I can remain in the US and he can remain in his country during the 10 year ban. I have several arguments for why I would suffer extreme hardship if I was to move to his country (financial, employment, health, family ties, etc).

With I601 each argument is supposed to be unique to the individual circumstances, what those are largely shape the arguments. If there are US Citizen children either from this marriage or a previous one, it can be a hardship to you emotionally to have to raise them without his assistance here. If you have issues of health you might need him to help you care for yourself, or handle other responsibilities. Financial hardship having to earn a living on your own here and perhaps provide assistance to your spouse there could impact on your future retirement savings, your current economic situation. They have denied on "mere" economic difficulty but extreme issues combine to reach an aggregate hardship level.

if you want to lay out some of the arguments you have, perhaps we can come up with some more specific ideas for you. In other words what are your strongest arguments, going to the least strong?

Posted

With I601 each argument is supposed to be unique to the individual circumstances, what those are largely shape the arguments. If there are US Citizen children either from this marriage or a previous one, it can be a hardship to you emotionally to have to raise them without his assistance here. If you have issues of health you might need him to help you care for yourself, or handle other responsibilities. Financial hardship having to earn a living on your own here and perhaps provide assistance to your spouse there could impact on your future retirement savings, your current economic situation. They have denied on "mere" economic difficulty but extreme issues combine to reach an aggregate hardship level.

if you want to lay out some of the arguments you have, perhaps we can come up with some more specific ideas for you. In other words what are your strongest arguments, going to the least strong?

Very good suggestions and perspective that helps me! I'll take each of my arguments and add a sentence explaining precisely how his presence is linked. They may not be the strongest but in aggregate and sway the argument away from separate domicile. I will get back to you on a argument list as that would be very helpful to get detailed feedback and perspective. Thank-you so much.

There is the cost of running 2 households. As a married couple it is a fiancial hardship to pay 2 rents ,2 utilities and all that

Yes, seems so simple but I hadn't thought of that one :bonk: Thank-you!

  • 2 years later...
Filed: Country: Turkey
Timeline
Posted
I, Nurettın Ayhan I wıll try to explaın my sıtuatıon shortly. I came to NY wıth F1 vısa, I went to

school only 4-5 months than ı stayed 13 months more than ı need to, I left the country and agın I decıde

to come back agaın wıth my gırlfrıend (she ıs amerıcan cıtızen) the ımmıgratıon homeland securıty they

took me to the offıce and my gırlfrıend she went home.they send me to the NJ after all they stamp me

"turnıng around" After 4 months we got marrıed wıth my gırlfrıend ın Turkey than ı hıre a lawyer from Ny

he started the paper work after one year I got ıntervıew ın Ankara, whıle ı was ıntervıewıng the offıcer told me

that "you have 10 years ban" ı need to apply for I601 form to get my green card. but my lawyer ın NY

he saıd that ıt ıs not possıble to apply for I601 because ı dıdnt deport from the US we need to appeal the

ban for 10 years just because of mıss understandıng that ı was a student wıth F1 vısa durıng the stayıng

ın NY not the I601 form but already 2 years that ı am waıtıng ın turkey. he ıs very strıckly sayıng we cant

apply for I601 form.

Please gıve me some advıce about my sıtuatıon, how we can fıx thıs sıtuatıon, what ıs your

recommandatıon for us, I can't waıt so long that we dont know when they send me my ıntervıew actually

I dont belıeve anymore that we need to waıt to apply for I601.

Let me know what axtıon we need to take.

Posted

Do you have kids? IF so, language barriers in the destination country.

Is the country safe for U.S. citizens?

Are you getting a degree while here in the U.S.? If so, you can't continue your degree in a country that has universities in Spanish only.

Having to pay for loans here in the U.S. and a salary in that country will not be enough.

Elderly people you are caring for here in the U.S.

The other parent will not sign for the passport of a child you have from a previous marriage or relationship so you cannot take your child with you.

Prices for houses has dropped and if you sell your house you are looking at losing a significant amount of money

Medications you need to take and are unable to get in the destination country or medical treatments

Filed: IR-1/CR-1 Visa Country: Fiji
Timeline
Posted

Do you have kids?

oooo Janelle :(

this thread is three years old


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Until today, this thread was nearly 3 years old, and it's now being closed because of age. The poster who revived it has gotten some good advice here, but the best bet is to continue working with a good attorney. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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