I601 waiver fiancée visa or spous visa

[Warmchai 0]

Hi all, question. My boyfriend at the time now fiancée is a French citizen and over stayed his visa here in the USA. He returned to his country on his own goodwill after staying with me in the states after 15 months. By leaving I understand he has triggered the 10 year ban. He has been in his country now for 5 years a d we want to file a fiancée visa and then Follow it up with a 601 hardship waiver. The only thing is i am being told by some attorneys their is no hardship waiver for a fiancée visa and only for the spouse visa is the waiver valid on. Then I have the other 50% of attorneys telling me that u can infact submit a 601 with the fiancée visa! Does anyone in here know the best way to go a out this? We have a child together and i also have a child from a previous marriage which her dad will not allow her to leave the usa.I'm assuming the consular officer would approve a hardship waiver either way a fiancée or spouse?

[Cathi 5,783]

don't ever assume anything with immigration

[Chickennugget 0]

don't ever assume anything with immigration

Well, I am in a similar situation like you, just that I have the 3 years barre.

Why did you guys wait 5 years to do all this? That could be a minus

But there is a chance with an extreme hardship, not easy but possible.

a good point is for sure, that your ex husband does not allow your daughter get out of the US.

But maybe you also have to marry first. (I will figure it out tomorrow)

If you google, I-601 examples, you will find A LOT stuff in there, which possibilities, what is a hardship etc.

I will have a conversation with a successful lawyer tomorrow and can give you more information

[Warmchai 0]

Thankyou @ mimo.. I would appreciate any info ..five years because he tried first to get 2 visitors visas and 1 fiancée visa. The fiancée visa was denied and at the time we didn't have the money to hire an attorney for the waiver :/ It would be much easier for us to submit the fiancée visa and a waiver as opposed to the spouse visa as it will cost is a whole bunch of money to meet and marry or for me to fly to his country and marry.. They require so much paper work in France or an American to marry there. Thanks for any help

[Chickennugget 0]

Thankyou @ mimo.. I would appreciate any info ..five years because he tried first to get 2 visitors visas and 1 fiancée visa. The fiancée visa was denied and at the time we didn't have the money to hire an attorney for the waiver :/ It would be much easier for us to submit the fiancée visa and a waiver as opposed to the spouse visa as it will cost is a whole bunch of money to meet and marry or for me to fly to his country and marry.. They require so much paper work in France or an American to marry there. Thanks for any help

OK, I was talking to a law-firm with over 60 years experience.

Because I am in the same situation with a Fianée visa AND a waiver, the lawyer did recommend me, to marry first. The chance is a lil higher because you did already the promise to each other.

The waiver is not an easy thing and it is almost impossible without a lawyers support. The lawyer told me, they will do a whole family history to get REALLY good points for extreme hardship for the US citizen,

Medical diseases, psychical, financial a.m.m.

I know how you feel, I am desperate too and we do not really have an extreme hardship. SUCKS.

So, I have to wait till he comes to my country, we marry and try from there and with all the papers and the waiting time, my 3 years will be over soon and our child already 2,5 years

But I also had an other lawyer and she told me, it could work also with the Fiancée Visa but you need there too a really good extreme hardship.

[Laherida 0]

OK, I was talking to a law-firm with over 60 years experience.

Because I am in the same situation with a Fianée visa AND a waiver, the lawyer did recommend me, to marry first. The chance is a lil higher because you did already the promise to each other.

The waiver is not an easy thing and it is almost impossible without a lawyers support. The lawyer told me, they will do a whole family history to get REALLY good points for extreme hardship for the US citizen,

Medical diseases, psychical, financial a.m.m.

I know how you feel, I am desperate too and we do not really have an extreme hardship. SUCKS.

So, I have to wait till he comes to my country, we marry and try from there and with all the papers and the waiting time, my 3 years will be over soon and our child already 2,5 years

But I also had an other lawyer and she told me, it could work also with the Fiancée Visa but you need there too a really good extreme hardship.

It is not difficult to get a waiver without a lawyer, it only has to prove hardship and document proof.

OK, I was talking to a law-firm with over 60 years experience.

Because I am in the same situation with a Fianée visa AND a waiver, the lawyer did recommend me, to marry first. The chance is a lil higher because you did already the promise to each other.

The waiver is not an easy thing and it is almost impossible without a lawyers support. The lawyer told me, they will do a whole family history to get REALLY good points for extreme hardship for the US citizen,

Medical diseases, psychical, financial a.m.m.

I know how you feel, I am desperate too and we do not really have an extreme hardship. SUCKS.

So, I have to wait till he comes to my country, we marry and try from there and with all the papers and the waiting time, my 3 years will be over soon and our child already 2,5 years

But I also had an other lawyer and she told me, it could work also with the Fiancée Visa but you need there too a really good extreme hardship.

It is not difficult to get a waiver without a lawyer, it only has to prove hardship and document proof. You may consider that marriage now would make it look as though you married to obtain visa.

[Chickennugget 0]

It is not difficult to get a waiver without a lawyer, it only has to prove hardship and document proof.

It is not difficult to get a waiver without a lawyer, it only has to prove hardship and document proof. You may consider that marriage now would make it look as though you married to obtain visa.

grateful for any advice how to get this

[Laherida 0]

You have to make a packet. Including a long letter from you explaining the relationship, and all the hardship you will face if he is not home. Alwo all the hardship you will face if you have to move to his country. The letter should be about 10- 15 pages with 0 error. My packet was huge. I included information about my children from my previous marriage, affidavit from their father, letters from the childrens schools and doctors. All childrens prescription costs, my medical info and info from my dr. , info about my disabled parents, info from their drs. An affadavit fro, siblings why they cant take care of parents, my masters degree transcripts, copies of my outstanding student loans, 30 affidavits from friends, family, hometown polititians, veterans, etc., validating our marriage and supporting our application, photos of our family doing things together, copies of our insurance cards, bills, house fire reportt, amusement park annual passes, and a with about 125 signatures of support.

[Warmchai 0]

OK, I was talking to a law-firm with over 60 years experience.

Because I am in the same situation with a Fianée visa AND a waiver, the lawyer did recommend me, to marry first. The chance is a lil higher because you did already the promise to each other.

The waiver is not an easy thing and it is almost impossible without a lawyers support. The lawyer told me, they will do a whole family history to get REALLY good points for extreme hardship for the US citizen,

Medical diseases, psychical, financial a.m.m.

I know how you feel, I am desperate too and we do not really have an extreme hardship. SUCKS.

So, I have to wait till he comes to my country, we marry and try from there and with all the papers and the waiting time, my 3 years will be over soon and our child already 2,5 years

But I also had an other lawyer and she told me, it could work also with the Fiancée Visa but you need there too a really good extreme hardship.

Thanks for this info! We have a child together too. I cannot believe how the immigration lw make things so difficult on families .. Anyhow I'm thinking of some hardships ,, my main one would be that I have an older daughter from a previous marriage and her father will not allow her to leave the country. I'm really digging here lol!!!

[Warmchai 0]

You have to make a packet. Including a long letter from you explaining the relationship, and all the hardship you will face if he is not home. Alwo all the hardship you will face if you have to move to his country. The letter should be about 10- 15 pages with 0 error. My packet was huge. I included information about my children from my previous marriage, affidavit from their father, letters from the childrens schools and doctors. All childrens prescription costs, my medical info and info from my dr. , info about my disabled parents, info from their drs. An affadavit fro, siblings why they cant take care of parents, my masters degree transcripts, copies of my outstanding student loans, 30 affidavits from friends, family, hometown polititians, veterans, etc., validating our marriage and supporting our application, photos of our family doing things together, copies of our insurance cards, bills, house fire reportt, amusement park annual passes, and a with about 125 signatures of support.

Ummmm wow! And WOW! Was this approved?

[Laherida 0]

Ummmm wow! And WOW! Was this approved?

Yes, mine was approved and he is finally back home!

[Boiler 45,923]

Many people do their own waivers, and with the Lockbox they seemed to have lowered the pass mark. Which was not that high in the first place.

Fiancée or Spouse, it does not really matter.

The Lawyers you have spoken to seem to have limited knowledge.

Edited February 6, 2013 by Boiler

[Chickennugget 0]

Many people do their own waivers, and with the Lockbox they seemed to have lowered the pass mark. Which was not that high in the first place.

Fiancée or Spouse, it does not really matter.

The Lawyers you have spoken to seem to have limited knowledge.

when u have more, go ahead

[Boiler 45,923]

More what?

[Chickennugget 0]

when u have more, go ahead

more knowledge than the lawyers