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

My husband as stated previously entered without inspection. I did file the adjustment of status, and the I-601 as stated before while my husband was stateside and was obviously denied. And of course, I did submit evidence, though I did not feel compelled to divulge the evidence submitted because I was not here to ask for help in the forum, but understanding, and prayers.

"If you filed the I601 in error thinking you could adjust your spouse

stateside without spouse leaving country that poses another issue if the I601 is denied. They could place your spouse in proceedings and deport

or issue NTA. Not good."

We have addressed this issue, we consulted with several lawyers after receiving the denial letters for all of the forms submitted, and were given the following choices, and possible outcomes:

1. We could apply for Green cards in Canada and relocate our family.

2. We could wait four more years until my husband has been in the United States for ten years, and pray that nothing happens to him during that time period (not letter of deportation, hope that his file is left on a shelf, hope he gets in no accidents, or in trouble with the law) and then ask for a hearing with an immigration judge (as after presence for ten years the judge can based upon good character, then and their in court grant a pardon)

3. Husband could relocate to Honduras, I apply again, and hope that 1-601 waiver will be accepted. (during which time I will have to document my anxiety, depression, and lack of focus due to stress while here in the US, and my husband in Honduras)

The lawyers all told me the same thing, since we have filed the papers, and our information is in the system there is a possibility that an deportation proceedings could start at any time. Now, again since you may be asking, why they where filed, I will tell you the honest truth, my husband did not believe me or the lawyer during the first round of consultations that he had to leave in order to finish the process (this friend, that friend, their experiences). So I filed the paper work in order to "save" us money, which in the end was about 2k wasted because of the denials, but then again, maybe it was money well spent, because now, even if this amendment to the law, is not in affect until the end of the year, it has bought me time, and hope with my husband and my daughter. It has allowed me to make accept a better job offer, because even though I am stressed, I think I could handle knowing that my husband and child will only possibly be gone a few months instead of a few years. What many people don't know, and I will share this with you is that my husband and I decided that in the best interest of our family, it would be wise to let my child go with my husband back to Honduras when he left, because I could work, send money, and they would have everything they needed (home wise, and economically, school wise-obviously not emotionally). Because, as a wife and mother, I could not see myself struggling here, accepting welfare, or having to move and leave a good paying job I had just because I loved a person who crossed a border as a foolish young man who wanted to escape a life that made no sense to him anymore. I got pregnant out of wet lock, but choose to have and love my baby. I choose to stay with a young man who I hardly new, but grew to love and respect, and who I have taught that no matter what to never give up on his dream of a better life for himself or for his family. Two wrongs don't make a right, and my husband adores our daughter, and loves me so much, and I him. We have faith in our God who despite all of our human error has helped us grow closer together during these hard times of decision making. But I believe, and have been shown time and time again, that If I have faith, that God's mercy and greatness will always triumph over humanity's erroneous ways. Its no ones business, but my husband left Honduras, because he was depressed and wanted to escape his life, because his long time girl friend aborted his baby, and he wanted to never see her again for taking away his child. With that said, I think I have said enough. My hope is that my case will inspire others to hope, and to continue to love despite obstacles that cross ones path. there are many things in life that are not good, and I have suffered many hardships, from being an abused child to being a foster kid, but I think this immigration issue is the hardest thing I have had to deal with but we press on, because even though things are tough, it is no excuse not to try to make things right.

~Jen

Well if they have not placed him in proceedings or issued NTA its a shot this change might eventually help you. I hope it will :) Good luck and thank you for sharing your story.

  • 5 months later...
Posted

So you filed your waiver in the US along with your adjustment of status?

We filed 601 and 212 waivers in July 2008 in Algeria. There was a fairly short round of background checks(3 months) before the file was transferred to Rome where a decision was made. They received the file in Oct 2008 and we were approved in April 2009. It took a month to transfer the approval back and another month for the interview/visa issuance. My husband entered the US July 29, 2009 just over a year after submitting his waivers. It was the happiest day of my life. Our family was separated for 27 long months while waiting for him to return after his detention and subsequent removal in April 2007. My husband is eligible for citizenship in about 13 months...by the time he is naturalized it will be 10 years since our wedding day and 12 years since the first immigration paperwork was filed. It's a long and complicated story that I will share if anyone is interested.

[/quote

hi, my husband is abt to file form I-601. I currently live in trinidad an my husband lives in the USA. Can u plz help me by letting me know whats the best way to file for hardship. Would really appreciate your help.

  • 11 months later...
Posted

I just got the RFE in the mail today sad.gif Although disappointed I did expect this. Any help here would be great. I'm not sure if I have messed up all of this stuff or not. If anyone can give advice:

I filed the I-485/I-601/I-765 together and paid all forms together with one cashier check (I have copies).

I have received payment receipts for all forms submitted.

I will have no supporting evidence for the I-485 that I filed for my husband. My question is if I send a letter and the I-485A form filled to the best of my knowledge with copies of receipt for the I-601, when the I-485 is denied will the I-601 then be processed? Will I have to re-pay the I-485, or file a I-290B and pay the fee to have the I-485 appealed and re-opened? A bit confused, and obviously with out the funds to hire a lawyer sad.gif Any advice greatly appreciated.

Hi pkliberty78, I wanted to know how long did it take for you to receive a receipt after sending 601 package? thank you

 
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