IR-1 after long overstay in US

[Penguin_ie 5,995]

You don't file the waiver, your hardship doesn't count. Once you had your visa interview and been denied, your husband (the petitioner) will file a hardship waiver. He needs to show that it would be a significant hardship for him to not have you with him in the USA, as well as a hardship for him to move abroad. It is not easy and he may want to use a good immigration lawyer for this.

[Boiler 45,831]

Your husband does most of this.

If he is not familiar with the process then he would need a lawyer who is.

It does not sound like the current one is.

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

[Julie y Pat 67]

Your husband has a lot of work to do for the waiver that you will file, either at the consulate or at a USCIS lockbox. The hardship letter from your husband will accompany your I-601 waiver. It's good that you know now that you will be filing for a waiver of ineligibility, and don't have to wait to be surprised at your interview. You haven't filled out a timeline, so we don't know if you have an interview scheduled yet. Currently, I601's filed abroad are turned in at the consulate and are adjudicated at a regional USCIS office, Nattychic said her waiver is at USCIS in Santa Domingo, DR. My wife's waiver was turned in at Bogota, and is being processed at USCIS in Panama. USCIS plans to change this in the near future, and all I-601's will be submitted at a lockbox in the US. Not sure what this change will do to processing times. I would check with Nattychic to see what the procedures in Trinidad and Tobago are, such as if they will take it on the day of the interview, do you have to make another appointment, do they want any documents that are not indicated in the I-601 instructions? You and your husband have your work cut out for you, even if you use a lawyer. Best wishes, Pat

[Noah Lot 391]

Did your husband file for u in 2010 or is did he started the petition when u came back home? If it's the latter then u in for a long wait. Like u I came back home cause of family now everyday I regret it. For the past year and two months I have been waiting, its the worst mistake of my life. Like penguin said you've got to go through the process the last step would be the waiver; takes three to four months once everything goes through ie I-864. Its been the longest and worst time of my life but everyday that goes by is one step closer to the man I love no matter how slow the day drages and BS I put up with.

Of course, had you but merely obeyed our laws in the first place, you would not have to put with the 'BS' you don't seem to enjoy or agree with. But here's a simple question: who made you overstay?

[Boiler 45,831]

Of course, had you but merely obeyed our laws in the first place, you would not have to put with the 'BS' you don't seem to enjoy or agree with. But here's a simple question: who made you overstay?

and why does your husband not join you?

[Julie y Pat 67]

and why does your husband not join you?

That will be addressed in the hardship letter.

[Nattychic 1]

Of course, had you but merely obeyed our laws in the first place, you would not have to put with the 'BS' you don't seem to enjoy or agree with. But here's a simple question: who made you overstay?

[Nattychic 1]

Excuse me mr noah lot; isn't this a ' forum' where members are allowed to address their frustrations!!! I am miserable and I can say it all I want don't u dare respond to my comment as though I'm a criminal.

[Boiler 45,831]

That will be addressed in the hardship letter.

I was talking about the real reason, which is likely to be different.

[Brother Hesekiel 2,236]

By leaving the United States after such a long overstay you put yourself and your husband in an awkward position. What you need is a waiver attorney, not just "some" immigration attorney. It's like you are having heart pain: you may want to see your regular doctor first but if you need surgery, you'll need to see a cardiologist.

The retainer for an I-601 case will set you back about $6K to $8K, unfortunately.