overstay question

[ania1979 0]

hello,

im new on the forum. my fiance (us citizen) apply for k1 visa for me. my interview is on 09/29/2011. my son (4 years old)is a us citizen born in nyc usa. i have a question about I-601 extreme hardship ( overstayed previous tourist visa. i was in us about 4 years). if the evidence from the list below are enough or i should look for more?

list of evidence:

1) my fiance have a Crohn disease (he had 3 surgery in te past 4 years, he is recaiving ss disability)

2) my fiance is afro-american, he dont speak polish just english

3) my fiance have a kids from previous relations (kids are living in usa)

3) our 4 years old son is afro-american ( he have a lot of trouble in the small city in Poland, even in the kindergarden), he dont speak polish just english, he is having the first sings of his father sicknes (he have anemia)

thank you for any advise.

[Used to be broken 147]

hello,

im new on the forum. my fiance (us citizen) apply for k1 visa for me. my interview is on 09/29/2011. my son (4 years old)is a us citizen born in nyc usa. i have a question about I-601 extreme hardship ( overstayed previous tourist visa. i was in us about 4 years). if the evidence from the list below are enough or i should look for more?

list of evidence:

1) my fiance have a Crohn disease (he had 3 surgery in te past 4 years, he is recaiving ss disability)

2) my fiance is afro-american, he dont speak polish just english

3) my fiance have a kids from previous relations (kids are living in usa)

3) our 4 years old son is afro-american ( he have a lot of trouble in the small city in Poland, even in the kindergarden), he dont speak polish just english, he is having the first sings of his father sicknes (he have anemia)

thank you for any advise.

Thats a good start. I would advise you to consult an attorney particularly since you have a "unique" situation. While 99.9% of Poland is lilly white, and there is some ethnic bias and discrimination there... the fact you might have a Black "african american" adjudicator could be interesting ... depending on how you word your waiver.

A child that age not speaking the language is not a "hardship" in USCIS eyes, or at least not one that could be attributed to the deportation but to the parents not teaching the child the family language.

Medical issues seem relevant, get an attorney

[Gosia & Tito 199]

Thats a good start. I would advise you to consult an attorney particularly since you have a "unique" situation. While 99.9% of Poland is lilly white, and there is some ethnic bias and discrimination there... the fact you might have a Black "african american" adjudicator could be interesting ... depending on how you word your waiver.

A child that age not speaking the language is not a "hardship" in USCIS eyes, or at least not one that could be attributed to the deportation but to the parents not teaching the child the family language.

Medical issues seem relevant, get an attorney

This answer is specific for our question 2:

I speak very little Polish, if the 10-20 phrases I can say can be considered Polish; I am originally South American, so Spanish is my first language. I also speak basic German. She speaks English, but not fluently yet and unless I speak very formal English (meaning, no slang, no idioms) she could understand something incorrectly; add my accent...you get the picture. The CO asked how do we communicate. The answer was ,'we have our own language, mostly English, but mixing Polish, German and Spanish words in it'; that was sufficient for the CO.

On the other part of the question, my fiancee has a 2nd degree cousin living in NY, who married an african american lady; they did not had a problem either.

But I agree with prior post that it would be best to check with a lawyer for your case, for the waiver and medical issues part.

Edited August 27, 2011 by Gosia & Tito

[Gosia & Tito 199]

3) our 4 years old son is afro-american ( he have a lot of trouble in the small city in Poland, even in the kindergarden), he dont speak polish just english, he is having the first sings of his father sicknes (he have anemia)

Does this mean your child is yours and your fiancee (the one petitioning)?

If yes, I would a think this would be enough to show bonafide relationship.

The question you might need to be ready to answer is Why waited 4 years to do the K-1?

Other than that, the staff at Warszawa seemed very nice and helpful to us, even before the interview when I called them 2-3 times. Our interview was 10 min literally (end of July). 3-4 questions. But your case seems more complex.

[ania1979 0]

Does this mean your child is yours and your fiancee (the one petitioning)?

If yes, I would a think this would be enough to show bonafide relationship.

The question you might need to be ready to answer is Why waited 4 years to do the K-1?

Other than that, the staff at Warszawa seemed very nice and helpful to us, even before the interview when I called them 2-3 times. Our interview was 10 min literally (end of July). 3-4 questions. But your case seems more complex.

thank you for all your advise...

im not worry so much about the k1 interview but the important part of the process is the waiver.

our son need to go to the pre-k. so i hope that we will leave Poland in this year.

im sure that i will need to answer the question: what we are planing to do if i cant go to usa?