Illegal status living is US - Help

[JennyD 0]

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.

Kitkat1, you would be in the same situation if they denied your petition. Who would want to move to Mexico? Some places don't even have running water. Some house have dirt floors. I wish I could of met someone like him in the US...but BELIEVE me, all that is here is low morals and A$$^&%#$. Guatemala is dangerous. If you have money, people will kidnap your kids for ransome. I am planning to visit his parents in a few months with another friend but there is no number addresses there!! You have to explain where you want to go step by step....that is going to be interesting. I speak alot of spanish too but the dialect is different down there then accoustomed. But for now, I'm taking pictures of everything, I'm taking colored copies of every document he has (so I don't need it later). I'm getting prepared for the worst. I'm hoping my waiver would help in the event that I need it due to the fact that I'm 60% disabled according to the military and I have a house and college loans and long term commitments I can argue on why I should stay here. I hope that helps.

[Alex+R 0]

JennyD, it's not "in the event that you will need it"; you WILL need it.

[kitkat1 5]

Kitkat1, you would be in the same situation if they denied your petition. Who would want to move to Mexico? Some places don't even have running water. Some house have dirt floors. I wish I could of met someone like him in the US...but BELIEVE me, all that is here is low morals and A$$^&%#$. Guatemala is dangerous. If you have money, people will kidnap your kids for ransome. I am planning to visit his parents in a few months with another friend but there is no number addresses there!! You have to explain where you want to go step by step....that is going to be interesting. I speak alot of spanish too but the dialect is different down there then accoustomed. But for now, I'm taking pictures of everything, I'm taking colored copies of every document he has (so I don't need it later). I'm getting prepared for the worst. I'm hoping my waiver would help in the event that I need it due to the fact that I'm 60% disabled according to the military and I have a house and college loans and long term commitments I can argue on why I should stay here. I hope that helps.

As I said, if my fiance's waiver is denied (petition was approved long ago and the waiver is for his visa) I know I would move, and my life would change forever in a very serious and harsh way. That's the reason for the waiver - to prove beyond a reasonable doubt that I would suffer extreme hardship if his visa is denied and my only option to be with him is to relocate there permanently.

Pictures won't necessarily help your case but detailed proof of life in Guatemala i.e. official unemployment rates, official crime rates, etc. will help along with proof of your disability, medical issues, family ties, financial commitments, etc. If you choose to go through the waiver process, you are required to prove these things.