Psych eval for my I-601

[AnnaMaria 68]

Are you sure about that first sentence? I read here on the forums yesterday or the day before, very recently, that someone had overstayed on a visa by two months, but were actually in the process at USCIS and ICE came and detained him. I'll try and find the link, but something to ask your lawyer about. The person claims on the forums that the only reason they got him was "I overstayed by two months".

So your husband has been paying taxes? Does he have an ITIN or is he using someone's SSN? Also, as for your taxes you must claim your spouse if you are married, even if they are an alien. I am married to a non-citizen and I filed married filing separately since at the time i didn't know I could file jointly by obtaining an ITIN # for her. Anyway, where it asks for your spouse's information, you write NRA (Non-Resident Alien) and that indicates to them you are married and filing taxes appropriately.

[AnnaMaria 68]

Here is the link in reference to the previous post I made regarding the gentleman being detained while in USCIS processing...

http://www.visajourney.com/forums/topic/512178-deportation-and-conseluar-processing/

[incasol 0]

We do file as joint now. We have an accoutant who prepares for us. Prior to our marriage he paid on his own accord of course. He was a student here, so they gave him a SS#. "When you apply for the provisional waiver, the government will know you are here in the United States illegally. However, they have said they will not deport anyone unless the person is a high priority to Immigration and Customs Enforcement. High priorities are immigrants with criminal records or multiple immigration violations who present a danger to the United States." Taken from a lawyers website. So maybe there was something else going on with that person who was deported.

http://curranberger.com/visa-info/other-immigration-issues/i-601-waivers#deportedifdenied

This is the same thing our lawyer told us.

[zuluweta 250]

If he was a student, then he did not enter illegally. He would have entered on a visa then overstayed. Overstays of spouses of US citizens are forgiven if the alien spouse entered on a visa. Since you claim that an unlawful presence waiver is required, that means he entered without inspection and he was not a student on a student visa.

Someone who entered without inspection will have a very difficult time getting a green card, so hire a very good immigration lawyer.

[Mollie09 1,543]

Someone who entered without inspection is also not eligible for a SSN, so I'd ask him where he got that.

[brownbella 13]

Someone who entered without inspection is also not eligible for a SSN, so I'd ask him where he got that.

This is false. SSNs used to be given out regardless of immigration status. Having a SSN does NOT prove someone is a USC or LPR. I'm in my 30s and know people my age who were brought here as children and have legally issued SSN cards that say "not valid for work authorization". If these folks later get DACA or status, they keep the same SSN. The OP stated her husband's been here 15 years, and was a "student", so he very well may have been one of these people brought here as a child, who enrolled in school and got a SS card, depending on his age.

OP- you should check out immigrate2us.net because the majority of folks on that forum are doing waivers. That'll be a good source of info for you. Best of luck with your case.

Edited October 11, 2014 by brownbella

[Jawaree 718]

The evaluation packs no punch in hardships, its as if reaching for an hardship

at $1200-$1500.00 (waste) think about daily challenges, bills payments alone,

loans U owe, sinus , hypertension (anything a Dr can verify & produce the

negatives it has on U without him) help from him with your aging parents,, crime

& unemployment in his country,,explain Y U cant live in his country, like U wont

get a job,, crime & ties to your family & community here

[LoveMyTico 999]

spoke to my lawyer yesterday.. Had a long conversation but one of the highlights was that IMMIGRATION DOES NOT CARE . You can try to paint a sad picture and present many hardships. They don't care. They do their job and go home to their own families and don't think twice about us. They follow the guidelines they are given to adjudicate a file and that is it. They don't care about an eval you paid thousands for. My lawyer told me to sit back, stop reading the forums, PRAY and just wait. Just let them do their jobs.

Very hard to do.... I just hope they keep adjudicating at the 3.5 to 4 month timeframe...