Travel while I-601 is in process

[16Valve 9]

I did a search but didn't find an answer.

Is it possible for my fiancé to visit the states while the waiver is in wait?

Also, while I've nearly gotten all of my letters and evidence collected, I'm no great writer. Would it be advisable to get a lawyer to at least write the hardship letter?

Or is there a good template out there?

Thank you for your time.

[liquirojas 2]

I tried to get a student visa while the waiver was being processed and it was denied, so its only a waste of money.

I myself, hired a laywer to do all the paperwork and file the waiver

[16Valve 9]

I tried to get a student visa while the waiver was being processed and it was denied, so its only a waste of money.

I myself, hired a laywer to do all the paperwork and file the waiver

What if she doesn't need a visa to travel? She's got an ESTA and here's nothing in the app for her "offense".

Also, about how much was the lawyer to do it? I've pretty much compiled all the evidence I need. I just feel maybe getting it written up is all I really need.

[Merrytooth 5,748]

I thought she is denied the K1 visa, and need to file the waiver?

So probably need to update ESTA in regards to the recent visa denial.

[Jawaree 717]

It would not be a good idea, its best to wait until waiver is adjudicated, thats running

the risks of more scrutinity even misrep

[jan22 3,056]

What if she doesn't need a visa to travel? She's got an ESTA and here's nothing in the app for her "offense".

Also, about how much was the lawyer to do it? I've pretty much compiled all the evidence I need. I just feel maybe getting it written up is all I really need.

She should NOT try to travel on her current ESTA. If she does, she will have wasted the money for the ticket and likely end up with a new ineligibility for misrepresentation for not updating her ESTA record with the visa denial and perhaps not being truthful about whatever led to the ineligibility. The immigration officer at the Port of Entry will be able to see her recent K-1 denial and that she was found ineligibile for something that requires a waiver -- that same ineligibility applies to any entry, whether with a visa or ESTA. You don't want to make a bad situation worse, right?

Whether you need to hire a lawyer or not is a judgement call that only you can make. If you think you can adequately describe the extreme hardship you will face (which is above and beyond the hardship of being separated from her or the financial hardship of maintaining residences and living expenses in separate countries), then you don't need a lawyer. It's much more difficult, however, to document extreme hardship from some place like Australia (if I remember her home country correctly), since it is a place you could likely go and live without hardship at all.

Edited June 4, 2016 by jan22

[16Valve 9]

She should NOT try to travel on her current ESTA. If she does, she will have wasted the money for the ticket and likely end up with a new ineligibility for misrepresentation for not updating her ESTA record with the visa denial and perhaps not being truthful about whatever led to the ineligibility. The immigration officer at the Port of Entry will be able to see her recent K-1 denial and that she was found ineligibile for something that requires a waiver -- that same ineligibility applies to any entry, whether with a visa or ESTA. You don't want to make a bad situation worse, right?

Whether you need to hire a lawyer or not is a judgement call that only you can make. If you think you can adequately describe the extreme hardship you will face (which is above and beyond the hardship of being separated from her or the financial hardship of maintaining residences and living expenses in separate countries), then you don't need a lawyer. It's much more difficult, however, to document extreme hardship from some place like Australia (if I remember her home country correctly), since it is a place you could likely go and live without hardship at all.

That's why I'm asking about the travel thing.

As far as extreme hardship goes, I've got an 82 year old mother and no siblings that live close. While she isn't exactly helpless, I do need to be in the area for her a visit daily.

I've also got two girls that are still in high school who depend on me for rides to school still.

I'm making a very good case of hardship, Australia or not.

[Boiler 45,525]

Seems she has a conviction for Theft so is not eligible for the VWP anyway.

[jan22 3,056]

Seems she has a conviction for Theft so is not eligible for the VWP anyway.

But OP says she has ESTA, so she must not have told them about the conviction....

[Boiler 45,525]

But OP says she has ESTA, so she must not have told them about the conviction....

Most odd...

[LionessDeon 2,060]

**error

Edited June 6, 2016 by LionessDeon

[LionessDeon 2,060]

**error

Edited June 6, 2016 by LionessDeon

[jan22 3,056]

ame="jan22" post="8170709" timestamp="1465060246"]

That's why I'm asking about the travel thing.

As far as extreme hardship goes, I've got an 82 year old mother and no siblings that live close. While she isn't exactly helpless, I do need to be in the area for her a visit daily.

I've also got two girls that are still in high school who depend on me for rides to school still.

I'm making a very good case of hardship, Australia or not.

Not to say that I want you to have more problems in your life, but I hope there are other examples of things you are facing that demonstrate extreme hardship. It is unlikely that USCIS would find either of these much of a hardship -- just looking at it from their perspective, not saying they aren't major factors in your life. For example, another of your siblings could assume responsibility for your mother, she could move into assisted living, the family could hire someone to check on her, she could have someone from your state's/community's health service industry provide home health care that includes checking on her daily -- any one of a number of solutions. And your teenage daughters could find another way to get to school, depending on their situation -- their mother or other relative, the school transportation program, public transportation, friends, personal vehicle if one of them is old enough to drive -- again, a variety of solutions. And, more importantly, these would be hardships for others in your life, not for you. Not trying to say you don't have sufficient issues -- just trying to point out that you need to look at issues from a USCIS perspective and apply a much more stringent definition of hardship, since the requirement is "extreme" hardship, and make sure that it is a hardship for you not someone else and that there is no other solution but you be there.

[16Valve 9]

Not to say that I want you to have more problems in your life, but I hope there are other examples of things you are facing that demonstrate extreme hardship. It is unlikely that USCIS would find either of these much of a hardship -- just looking at it from their perspective, not saying they aren't major factors in your life. For example, another of your siblings could assume responsibility for your mother, she could move into assisted living, the family could hire someone to check on her, she could have someone from your state's/community's health service industry provide home health care that includes checking on her daily -- any one of a number of solutions. And your teenage daughters could find another way to get to school, depending on their situation -- their mother or other relative, the school transportation program, public transportation, friends, personal vehicle if one of them is old enough to drive -- again, a variety of solutions. And, more importantly, these would be hardships for others in your life, not for you. Not trying to say you don't have sufficient issues -- just trying to point out that you need to look at issues from a USCIS perspective and apply a much more stringent definition of hardship, since the requirement is "extreme" hardship, and make sure that it is a hardship for you not someone else and that there is no other solution but you be there.

Thanks it I've only bothered to list a couple.

My sister lives 12 hours away. Assisted living is NOT an option.

The school does not offer any bus transportation.

We HAVE to get them there.

I've been going my the degrees of proving extreme hardship that are listed on many sites.

I've been gathering evidence and I'm well aware of the difficulties involved.