Need guidance!

[Kwantum 0]

Hello,

I am a U.S. citizen residing in Chile for the last three years. Due to the unfortunate event of my grandmother being diagnosed with cancer, I am being forced to go back to the U.S. but I would like to take my fiancé with me (we are getting married in August 2014). He has a previous visa overstay, having being granted voluntary departure in 2009.

I have been doing my research regarding the types of marriage based visas that we can qualify for like the IR-1 / CR-1 visa and the K3 which apparently is faster.

I have also heard that he will need a waiver for the remaining years of his 10 year bar (hardship waiver).

I know that I can file the form I-130 via mail while I am still here in Chile, but what I most concerned about, is that if we will need a lawyer to handle the overstay (hardship waiver) or is this something that we can do on our own just petitioning him?.

I appreciate in advance any information or guidance as this is totally new for us.

Thank you.

[NigeriaorBust 4,087]

If you have lived there for years you will have an uphill battle with a hardship waiver. The waiver is granted based on the USC not being able to live without this partner and the USC NOT being able to move to the other country.

[Harpa Timsah 13,258]

He will be denied at the interview, and then you will submit a waiver. A waiver is a big deal and is not DIY territory. Good luck.

[Ryan H 3,819]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

[Jawaree 718]

You can use the negatives of his country in a waiver

saying you tried living there B4 and have your atty make

strong arguments Y you cannot go back there to live .

A good waiver atty brief can argue that also in the hardships

You need a waiver atty & should get back to the US to show

all that's needed to bring him over