Illegal status living is US - Help

[Yodrak 7]

homesick_american,

Point of clarification: USCIS doe not approve visas or waivers required for visas - the DoS consulates do. It really is helpful to know who the players are when one is playing the game.

Yodrak

..... There are people on this message board whose K-3s and I-601s were denied, so I don't see that the USCIS is any more lenient with spouses than it is with fiances when it comes to CIMTs and illegal entries/overstays.

[homesick_american 1]

homesick_american,

Point of clarification: USCIS doe not approve visas or waivers required for visas - the DoS consulates do. It really is helpful to know who the players are when one is playing the game.

Yodrak

..... There are people on this message board whose K-3s and I-601s were denied, so I don't see that the USCIS is any more lenient with spouses than it is with fiances when it comes to CIMTs and illegal entries/overstays.

Well Yodrak to be fair, we never had to apply for a waiver. Therefore this is NOT my area of expertise, but I do know enough to know that the OP is a tad screwed unless she gets a good lawyer, which was the gist of my response.

[Niels Bohr 72]

This is such a devastating turn of events.

[kitkat1 5]

I do know enough to know that the OP is a tad screwed unless she gets a good lawyer, which was the gist of my response.

Not necessarily screwed, just facing a sometimes long and difficult process. It's not necessary to use a lawyer to file the petition paperwork or even to write a waiver. Many many people do it alone and are approved. That said, a consult with an experienced and qualified lawyer (not the kind the OP has been dealing with) is always a smart idea. Once the OP knows more about the approval rates in Guatemala, etc. she'll know exactly what she's facing and how difficult it may or may not be.

This is such a devastating turn of events

Doesn't have to be . . . just a longer and more difficult process than a straight-forward K1 or K3. Hopefully it will all work out just fine in the end.

[JennyD 0]

I do know enough to know that the OP is a tad screwed unless she gets a good lawyer, which was the gist of my response.

Not necessarily screwed, just facing a sometimes long and difficult process. It's not necessary to use a lawyer to file the petition paperwork or even to write a waiver. Many many people do it alone and are approved. That said, a consult with an experienced and qualified lawyer (not the kind the OP has been dealing with) is always a smart idea. Once the OP knows more about the approval rates in Guatemala, etc. she'll know exactly what she's facing and how difficult it may or may not be.

This is such a devastating turn of events

Doesn't have to be . . . just a longer and more difficult process than a straight-forward K1 or K3. Hopefully it will all work out just fine in the end.

Thanks, you guys have been helpful....I know its going to be difficult...if it wasn't, it wouldn't be my life...

[The Way it Is 0]

homesick_american,

Point of clarification: USCIS doe not approve visas or waivers required for visas - the DoS consulates do. It really is helpful to know who the players are when one is playing the game.

Yodrak

..... There are people on this message board whose K-3s and I-601s were denied, so I don't see that the USCIS is any more lenient with spouses than it is with fiances when it comes to CIMTs and illegal entries/overstays.

Think that you will find that waivers are submitted thru State Dept channels to a USCIS office for adjudication. The USCIS office will be an overseas office responsible for that country. The Consulate (i.e. Dept of State) do not approve waivers. After all, THATS THE WAY IT IS.

[homesick_american 1]

Not necessarily screwed, just facing a sometimes long and difficult process. It's not necessary to use a lawyer to file the petition paperwork or even to write a waiver. Many many people do it alone and are approved. That said, a consult with an experienced and qualified lawyer (not the kind the OP has been dealing with) is always a smart idea. Once the OP knows more about the approval rates in Guatemala, etc. she'll know exactly what she's facing and how difficult it may or may not be.

I had heard that they (whoever THEY are, I certainly don't want Yodrak correcting me yet again) are particularly unforgiving of EWIs and that they didn't hesitate in slapping multi-year bans on them. Aren't there a few people here whose spouses are parked south of the border sitting out bans?

[rajc 0]

i said to hell with the visa #######... just find someone who can get u green card and/or citizenship papers for like few grand. it will be most efficient way

j/k

[kitkat1 5]

I had heard that they (whoever THEY are, I certainly don't want Yodrak correcting me yet again) are particularly unforgiving of EWIs and that they didn't hesitate in slapping multi-year bans on them. Aren't there a few people here whose spouses are parked south of the border sitting out bans?

The law provides a 3 year ban for people who were illegally present in the US for between 6 months and one year and a 10 year ban for people who were illegally present in the US for more than one year. The ban goes into effect when the person *leaves* the US.

The 601 waiver is one method of overcoming the ban. The law requires the US Citizen to prove "extreme hardship" to them - the USC - if the spouse/fiance's visa is not ultimately approved and the USC is forced to relocate to the spouse/fiance's country. Each consulate handles waivers differently, mostly because "extreme hardship" is not universally defined. There are definitely consulates that have very low approval rates for 601 waivers and therefore the spouse/fiance has no choice but to wait out the ban in their country. Manila comes to mind as one purportedly difficult consulate but of course there are many many more. That's why if the OP chooses to go the 601 route (as opposed to waiting in the US to see if CIR passes and benefits her fiance in any way) she needs to research the 601 approval rates in Guatemala to understood what she may be facing as well as review her potential hardships to know if she can make strong enough arguments.

"i said to hell with the visa #######... just find someone who can get u green card and/or citizenship papers for like few grand. it will be most efficient way "

rajc, this is NOT a joke and it's a violation of VJ Terms of Service to recommend illegal activity

[homesick_american 1]

I had heard that they (whoever THEY are, I certainly don't want Yodrak correcting me yet again) are particularly unforgiving of EWIs and that they didn't hesitate in slapping multi-year bans on them. Aren't there a few people here whose spouses are parked south of the border sitting out bans?

The law provides a 3 year ban for people who were illegally present in the US for between 6 months and one year and a 10 year ban for people who were illegally present in the US for more than one year. The ban goes into effect when the person *leaves* the US.

The 601 waiver is one method of overcoming the ban. The law requires the US Citizen to prove "extreme hardship" to them - the USC - if the spouse/fiance's visa is not ultimately approved and the USC is forced to relocate to the spouse/fiance's country. Each consulate handles waivers differently, mostly because "extreme hardship" is not universally defined. There are definitely consulates that have very low approval rates for 601 waivers and therefore the spouse/fiance has no choice but to wait out the ban in their country. Manila comes to mind as one purportedly difficult consulate but of course there are many many more. That's why if the OP chooses to go the 601 route (as opposed to waiting in the US to see if CIR passes and benefits her fiance in any way) she needs to research the 601 approval rates in Guatemala to understood what she may be facing as well as review her potential hardships to know if she can make strong enough arguments.

Yeah, I've read that much. The thing is though, is the USC ever actually "forced" to relocate to someone else's country? It's not like they're being forced onto a plane at gunpoint.

[eau_xplain 2]

Yeah, I've read that much. The thing is though, is the USC ever actually "forced" to relocate to someone else's country? It's not like they're being forced onto a plane at gunpoint.

You're right. But in cases like these, it's like choosing between the devil and the deep blue sea. You either move to the country of your SO/spouse or you stay in the US and have a divided family. You're lucky if your SO's/spouse's home country has a similar or better standard of living as what you are accustomed to and that you can find decent work there.

[homesick_american 1]

Yeah, I've read that much. The thing is though, is the USC ever actually "forced" to relocate to someone else's country? It's not like they're being forced onto a plane at gunpoint.

You're right. But in cases like these, it's like choosing between the devil and the deep blue sea. You either move to the country of your SO/spouse or you stay in the US and have a divided family. You're lucky if your SO's/spouse's home country has a similar or better standard of living as what you are accustomed to and that you can find decent work there.

I know. I just think it's interesting that you have to prove extreme hardship when nobody is actually being forced to do anything. I don't get how that works. I suppose it would make more sense to me if we had had to file a waiver.

[meauxna 15]

Yeah, I've read that much. The thing is though, is the USC ever actually "forced" to relocate to someone else's country? It's not like they're being forced onto a plane at gunpoint.

You're right. But in cases like these, it's like choosing between the devil and the deep blue sea. You either move to the country of your SO/spouse or you stay in the US and have a divided family. You're lucky if your SO's/spouse's home country has a similar or better standard of living as what you are accustomed to and that you can find decent work there.

I know. I just think it's interesting that you have to prove extreme hardship when nobody is actually being forced to do anything. I don't get how that works. I suppose it would make more sense to me if we had had to file a waiver.

Think of it this way: would it be an extreme hardship for you to live in the UK if your spouse couldn't come to the US?

[homesick_american 1]

Think of it this way: would it be an extreme hardship for you to live in the UK if your spouse couldn't come to the US?

No, I wouldn't think of it as an extreme hardship. I don't like living here, but it's not dangerous...it's a civilized, wealthy, first-world nation. I just don't happen to like living here. To me that's not a matter of hardship, it's just a matter of personal preference. OTOH, living in Guatemala (where the OP's fiance is from) WOULD be a hardship.

[kitkat1 5]

I know. I just think it's interesting that you have to prove extreme hardship when nobody is actually being forced to do anything. I don't get how that works. I suppose it would make more sense to me if we had had to file a waiver.

You're right - it doesn't make a lot of sense and it's strange. But when you get right down to it, if the spouse is from a small town in Guatemala and his visa is denied, chances are the USC would have a horrible decision to make like eau_xplain said. True, no one is forcing the US spouse to go there but of course based on the commitment of marriage, they clearly want to be together. (Most people address this in the letter and the fact that actions to “assure family unity’ is part of the intent of U.S. immigration law).

Bottom line - moving there pretty much means goodbye to any semblance of normal life that the USC has known - no job (since work is hard enough for a Guatemalan national to find let alone an English speaking, US educated person and therefore no chance to advance careerwise), no health insurance (no job, no income), no access to normal standards of medical care (extremely important if the USC has any medical issues and many will choose not to have children without access to excellent medical care), no retirement savings (no longer contributing to social security, which is based on lifelong earnings and a presumed continued level of income and having to cash out any existing savings/401K in order to survive there), etc. etc. etc.

It's up to the USC to make that decision, ultimately, and no one is forcing them to do it, but I guess most people would feel like they have no choice but to move to be with their spouse, and that of course would put an enormous strain on every aspect of their lives. I know I would move, and my life would change forever in a very serious and harsh way.