are there any lawyers here? extreme harship waiver

[Bowie Kirk 2]

relating to my previous posts about cancelling my petition for i think my fiance and i dont have enough evidence to prove extreme hardship, i no longer plan to withdraw my application. the reason being is that we're going to submit a waiver. we'll include there that my fiance is the sole provider for his son. when he got the job in the US he took all the financial responsibilities to his son meantime we had plans on marrying but he couldnt leave the US cause his son is depended on him. instead of using the money to buy plane tickets he used it to pay for his son's tuition, everyday needs and whatnot. so do u think that would be a strong argument or a weak one? thanks

[jhewell 1]

nope its a weak one....its really hard to prove extreme hardship, basically the waiver is for religious things... But if you pursue your waiver base on financial hardship, make sure the income tax and salary/pay stub of your fiancee is congruent with your reasons....Goodluck!

[HK12 273]

relating to my previous posts about cancelling my petition for i think my fiance and i dont have enough evidence to prove extreme hardship, i no longer plan to withdraw my application. the reason being is that we're going to submit a waiver. we'll include there that my fiance is the sole provider for his son. when he got the job in the US he took all the financial responsibilities to his son meantime we had plans on marrying but he couldnt leave the US cause his son is depended on him. instead of using the money to buy plane tickets he used it to pay for his son's tuition, everyday needs and whatnot. so do u think that would be a strong argument or a weak one? thanks

I don't think it'll work; they will probably argue that he could find a better-paying job. No harm in trying though. Good luck!

[belinda63 3,047]

Obtaining a waiver for hardship is almost impossible. The requirements are that you met in the two years prior to filing, it does not define where the meeting has to take place. Depending on where he lives in the US he could travel to Canada or Mexico for the weekend if the intending immigrant could not obtain a visit visa to the US. Unless he is bedridden and absollutely unable to travel by boat, plane, train, bus, or car, and unless you can prove you were denied a visit visa to the US several times there is no chance.

The other thing is claiming a financial hardship waiver for family immigration usually backfires. You don't have the money to travel to see the fiance nor do you have the family support for someone to care for the child for a week or two while you are gone. How are you going to support an additional mouth for the months it takes to obtain employment authorization and her to find employment? How are you going to pay for her ticket to come to the US? How are you going to pay the more than $1,000 to adjust status?

[Tahoma 2,292]

What happened to your story where you said you didn't know about the two-year requirement?

As for your "new" story, your fiancé obviously could afford to visit you in 'pinas because he did just that. You simply filed too soon. I don't see any hardship.