Long question.....

[luvinmb 0]

My fiance and I have applied for our K-1 visa. We have already received our NOA1. He has had only one problem ever at the border. 2 years ago he was denied entry and his tourist visa cancelled, because they thought he was visiting for reasons other than just visiting. They allowed him to withdraw his application for admission and as a result he has no ban on being issued another visa. However, they did put on the report papers the "misrepresentation code" 212 (a) (6) © (i).... He was never given anything else other than a copy of the report of the incident and he went back home. We have been told different things 1. we will not need a waiver since he was not "removed or banned" 2. That even though he has no ban, that we will still need a waiver since he had that code on his papers. I will say that I found the code in his papers, this was not something that was pointed out to him. Anyways, since there is a chance we may need to do the 601 waiver, could someone point me in the direction of a draft form of a hardship letter. I have several hardship circumstances that I will be backing with proofs, but would like to see a actual draft letter. I think that I should go ahead and be prepared with this letter just in case we need to do the waiver. Also, I wanted to state that the code they put on his papers was NOT the one linked to a person claiming false citizenship or anything like that. They simply questioned his intents for visiting and if he ever performed work over here, etc...... Thanks for your help and suggestions.

[waiting4Oliverio 0]

I don't think you'll have to do the 601 waiver, but it's better to be ready for it if you do. You almost have the same time line as me but I know I will have to submit the 601 only because my fiance was here illegally for more then 180 days. I have a draft of the hardship letter I am going to send and as soon as I find the disc it's on I'll post it for you.

[john_and_marlene 162]

My fiance and I have applied for our K-1 visa. We have already received our NOA1. He has had only one problem ever at the border. 2 years ago he was denied entry and his tourist visa cancelled, because they thought he was visiting for reasons other than just visiting. They allowed him to withdraw his application for admission and as a result he has no ban on being issued another visa. However, they did put on the report papers the "misrepresentation code" 212 (a) (6) © (i).... He was never given anything else other than a copy of the report of the incident and he went back home. We have been told different things 1. we will not need a waiver since he was not "removed or banned" 2. That even though he has no ban, that we will still need a waiver since he had that code on his papers. I will say that I found the code in his papers, this was not something that was pointed out to him. Anyways, since there is a chance we may need to do the 601 waiver, could someone point me in the direction of a draft form of a hardship letter. I have several hardship circumstances that I will be backing with proofs, but would like to see a actual draft letter. I think that I should go ahead and be prepared with this letter just in case we need to do the waiver. Also, I wanted to state that the code they put on his papers was NOT the one linked to a person claiming false citizenship or anything like that. They simply questioned his intents for visiting and if he ever performed work over here, etc...... Thanks for your help and suggestions.

212 a 6 C

Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

.....

(iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I).

http://www.uscis.gov/lpBin/lpext.dll/inser...ument-frame.htm

--------------------

He does not have a ban, but is considered inadmissible. A waiver is required.

I would recommend finding an immigration attorney familiar with this particular status.

I don't think you'll have to do the 601 waiver

What's the basis for your opinion that a waiver is not required?

[Baileyj96 0]

Go to immigrate2us.net and look in the I-601 forum. There are many hardship letters posted in the sticky's at the top of the page.

Good luck,

Baileyj

[Cindy&Kev 0]

Hi,

You can find some help about the hardship letter at the website http://www.immigrate2us.net/forum/index.php.

Good luck!!

[waiting4Oliverio 0]

I don't think you'll have to do the 601 waiver

What's the basis for your opinion that a waiver is not required?

I was told that only time you really need the waiver is if they were deported, overstayed their visa or were here illegally for more then 180 days.....That's why I said "I think" because information from ANYONE could be wrong...and I basically said it's better to be safe then sorry, that's why I offered to send my hardship letter draft.

[john_and_marlene 162]

I don't think you'll have to do the 601 waiver

What's the basis for your opinion that a waiver is not required?

I was told that only time you really need the waiver is if they were deported, overstayed their visa or were here illegally for more then 180 days.....That's why I said "I think" because information from ANYONE could be wrong...and I basically said it's better to be safe then sorry, that's why I offered to send my hardship letter draft.

There are other reasons for inadmissibility. Some are waiverable, some are not.

[waiting4Oliverio 0]

Ok I only knew the ones I was told. Thank you for correcting me and next time I won't answer a question unless I'm absolutely positive of the answer

[luvinmb 0]

I don't think you'll have to do the 601 waiver, but it's better to be ready for it if you do. You almost have the same time line as me but I know I will have to submit the 601 only because my fiance was here illegally for more then 180 days. I have a draft of the hardship letter I am going to send and as soon as I find the disc it's on I'll post it for you.

Are you going to the interview with your fiance? I plan to attend the interview with him and then if needed we will have the hardship letter and I-601 filled out the same day.....

[waiting4Oliverio 0]

I don't think you'll have to do the 601 waiver, but it's better to be ready for it if you do. You almost have the same time line as me but I know I will have to submit the 601 only because my fiance was here illegally for more then 180 days. I have a draft of the hardship letter I am going to send and as soon as I find the disc it's on I'll post it for you.

Are you going to the interview with your fiance? I plan to attend the interview with him and then if needed we will have the hardship letter and I-601 filled out the same day.....

Nothing can stop me from going to the interview Maybe we'll see eachother there. I just found my disk with my hardship letter....let me download it and I'll post it

[waiting4Oliverio 0]

My Hardship Letter Draft

I hope this is helpful!!

To Whon It May Concern:

I am writing this letter in regard's to my fiance, Oliverio Sanchez, I-601 waiver. It would be greatly appreciated if my fiance was forgiven for his illegal presence in the United States. If he is denied his Visa, it would cause extreme hardship on me if I would have to relocate to Mexico.

My fiance crossed the Mexican-American border and was here for aproximately a year and three months. He was never in trouble with the law and really loves the United States. He is a wonderful person; never drinks and is against drugs, very respectful towards me, my family, friends and the people around him. When we decided to get married, I knew it would be in his best interest to return to Mexico and have everything done legally.

I have been to his town, Chilpancingo, Mexico, to visit with him and his family. the town was severly over-populated and there's doubtfully any place that we could get for our own. Where he lives is basically an open space between to worn down buildings. He lives with his parents, siblings, aunt, uncle, nephews and cousins. There is hardly enough room for him and his family, and definately not enough room if I had to move there too.

My job is something that would be difficult for me to leave behind. I work with mentally and physically challenged people. I love my job and the people I take care of! I recieve great benifits and am paid reasonably. If I moved to Mexico, with Oliverio and me working, I doubt we'd make the amount of money that I'm making right now. I think we would be lucky if we even found jobs.

I have just begun my first year of college, majoring in Psychology. If I had to move to Chilpancingo, I would no longer be able to attend college. Also, I had to take out students loans to pay for the classes I am attending now and that wouls go to waste if I had to withdrawl from school to move. It would be another expense I would not be able to afford living in Mexico. Going to college is something I have been looking forward to for a long time. This is going to provide me with the opportunity to make something of myself and be able to support me and Oliverio if needed; I would no longer be able to in Mexico.

Another reason would be my Grandmother. She is beginning to show signs of Alzheimer's and soon will need care that I have promised to provide. My parents are the only other people that would be able to care for her, but they are planning to move out of state within a year or two and my grandmother will be left to care for herself. If I had to move, she will be put into a Nursing Home and I would not be able to live with myself if that happened.

If I moved to Mexico, I would be in constant fear of my life. Since I have been with Oliverio, his father was robbed, shot, and almost lost his life. Also, the day I left Acapulco, Oliverio was robbed. When I was there, I refused to go out when the sun began to set. I was seriously afraid! I did not see any othe Americans the whole time I was there and I recieved hundreds of dirty looks and glares. Police there don't really seem to care about the things that go on. So, if something were to happen to me, criminal wise, more then likely nothing would be done about it.

We are planning to start a family soon after we marry. I have full coverage where I work now and Mexico does not provide any insurance plans. What would I do if I have comlications during pregnancy? If Oliverio's dad almsot died from being shot, how would the doctors be able to care for me and my unborn child? Also, if my children are born in Mexico, I will have to go through the Visa process for each of them with the money that I will not have, just so they could have a relationship with my side of the family.

I love Oliverio very much and I can't see my life without him. It has been extremely hard not having him here with me now, but we knew this is what we had to do in order to have him here legally. Everyone makes mistakes in their lives and he knows coming here illegally was one of them. The only thing you can do about mistakes is to learn from them and not let it happen again. He knows this and he knows what he did was very wrong and he's sorry. Please forgive him so he can come back and we can get married and start the beginning of the rest of our lives together! Thank you for taking the time to read this.

[luvinmb 0]

My Hardship Letter Draft

I hope this is helpful!!

To Whon It May Concern:

I am writing this letter in regard's to my fiance, Oliverio Sanchez, I-601 waiver. It would be greatly appreciated if my fiance was forgiven for his illegal presence in the United States. If he is denied his Visa, it would cause extreme hardship on me if I would have to relocate to Mexico.

My fiance crossed the Mexican-American border and was here for aproximately a year and three months. He was never in trouble with the law and really loves the United States. He is a wonderful person; never drinks and is against drugs, very respectful towards me, my family, friends and the people around him. When we decided to get married, I knew it would be in his best interest to return to Mexico and have everything done legally.

I have been to his town, Chilpancingo, Mexico, to visit with him and his family. the town was severly over-populated and there's doubtfully any place that we could get for our own. Where he lives is basically an open space between to worn down buildings. He lives with his parents, siblings, aunt, uncle, nephews and cousins. There is hardly enough room for him and his family, and definately not enough room if I had to move there too.

My job is something that would be difficult for me to leave behind. I work with mentally and physically challenged people. I love my job and the people I take care of! I recieve great benifits and am paid reasonably. If I moved to Mexico, with Oliverio and me working, I doubt we'd make the amount of money that I'm making right now. I think we would be lucky if we even found jobs.

I have just begun my first year of college, majoring in Psychology. If I had to move to Chilpancingo, I would no longer be able to attend college. Also, I had to take out students loans to pay for the classes I am attending now and that wouls go to waste if I had to withdrawl from school to move. It would be another expense I would not be able to afford living in Mexico. Going to college is something I have been looking forward to for a long time. This is going to provide me with the opportunity to make something of myself and be able to support me and Oliverio if needed; I would no longer be able to in Mexico.

Another reason would be my Grandmother. She is beginning to show signs of Alzheimer's and soon will need care that I have promised to provide. My parents are the only other people that would be able to care for her, but they are planning to move out of state within a year or two and my grandmother will be left to care for herself. If I had to move, she will be put into a Nursing Home and I would not be able to live with myself if that happened.

If I moved to Mexico, I would be in constant fear of my life. Since I have been with Oliverio, his father was robbed, shot, and almost lost his life. Also, the day I left Acapulco, Oliverio was robbed. When I was there, I refused to go out when the sun began to set. I was seriously afraid! I did not see any othe Americans the whole time I was there and I recieved hundreds of dirty looks and glares. Police there don't really seem to care about the things that go on. So, if something were to happen to me, criminal wise, more then likely nothing would be done about it.

We are planning to start a family soon after we marry. I have full coverage where I work now and Mexico does not provide any insurance plans. What would I do if I have comlications during pregnancy? If Oliverio's dad almsot died from being shot, how would the doctors be able to care for me and my unborn child? Also, if my children are born in Mexico, I will have to go through the Visa process for each of them with the money that I will not have, just so they could have a relationship with my side of the family.

I love Oliverio very much and I can't see my life without him. It has been extremely hard not having him here with me now, but we knew this is what we had to do in order to have him here legally. Everyone makes mistakes in their lives and he knows coming here illegally was one of them. The only thing you can do about mistakes is to learn from them and not let it happen again. He knows this and he knows what he did was very wrong and he's sorry. Please forgive him so he can come back and we can get married and start the beginning of the rest of our lives together! Thank you for taking the time to read this.

Are you planning to submit documentation to back your reasons up?

[waiting4Oliverio 0]

Yes.....I have a letter from my grandmother's doctor, proof his dad got shot and robbed(police report and they never did anything about it), my full coverage health insurance papers, proof of no employment because he can't even find a job there and I don't know what else I could use. Did my letter help you at all?

[luvinmb 0]

Yes.....I have a letter from my grandmother's doctor, proof his dad got shot and robbed(police report and they never did anything about it), my full coverage health insurance papers, proof of no employment because he can't even find a job there and I don't know what else I could use. Did my letter help you at all?

Yes. It did. I have downloaded some materials about forming a hardship letter. It shows a format of how to do the letters. I would be happy to send you the information. I am really having trouble dealing with the worry surrounding this. I think I should be positive though, considering our situations are dealt with everyday.....

[Suegra! 0]

Waiting 4 tragedy and Alysa: go to immigrate2us.net Check the waivers there.