Doing 601 waiver without an attorney

[EnglishLove 112]

I'm in the process of a k-1 (fiance from the UK) and our case has a 50/50 shot of approval due to his criminal history (a juvenile charge and two adult cautions-one being considered a CIMT crime). I just want to be prepared in case we are denied and have a waiver done up. I am not hiring an attorney and doing everything on my own. I have a few samples of approved hardship waivers, however, they are from as far back as 2007. I see that most of them are written from the "alien's" (how they word it) point of view about their USC fiance.  If I am to write up a hardship letter, can I write it my point of view (as the USC)? Thank you! 

[SalishSea 17,980]

29 minutes ago, Pooley said:

I'm in the process of a k-1 (fiance from the UK) and our case has a 50/50 shot of approval due to his criminal history (a juvenile charge and two adult cautions-one being considered a CIMT crime). I just want to be prepared in case we are denied and have a waiver done up. I am not hiring an attorney and doing everything on my own. I have a few samples of approved hardship waivers, however, they are from as far back as 2007. I see that most of them are written from the "alien's" (how they word it) point of view about their USC fiance.  If I am to write up a hardship letter, can I write it my point of view (as the USC)? Thank you! 

It’s my understanding that the burden is on the couple to prove hardship only to the USC or LPR.   The US government is not obligated or compelled to take hardship to the alien relative into consideration -  why would they be?

 

Have you read the pinned guide on proving extreme hardship?

 

I would think it would be more difficult to prove hardship (financial or emotional) in a fiancé visa case, as unlike for a spouse visa, the couple have likely not lived together yet or had a financial relationship that a marriage would have.

[Wuozopo 4,293]

A waiver is only granted if it will be a hardship to the USC. You write it. 

Good information from Laurel Scott who specializes in waivers. 

Website http://www.scottimmigration.net/

Waivers http://www.scottimmigration.net/content/i601memo The arguments for extreme hardship are found way down the page.

[Boiler 45,761]

The hardships are to the USC, do people do it themselves absolutely but this is not a simple issue and will require much research.

 

Fiancee or Spouse success rates seem to be the same.

[SalishSea 17,980]

Here is another resource:  previous appeal rulings on 601 waivers are available to read.  Not really your situation yet, but it can give some idea of how existing law is used to adjudicate waivers.   It is organized by form, and for the 601, by category.

 

https://www.uscis.gov/about-us/directorates-and-program-offices/administrative-appeals-office-aao/aao-non-precedent-decisions

 

Specifically:  https://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=H2+-+Waiver+of+Inadmissibility+-+Criminal+-+212+(h)

Edited April 22, 2019 by Jorgedig

[EnglishLove 112]

21 minutes ago, Wuozopo said:

A waiver is only granted if it will be a hardship to the USC. You write it. 

Good information from Laurel Scott who specializes in waivers. 

Website http://www.scottimmigration.net/

Waivers http://www.scottimmigration.net/content/i601memo The arguments for extreme hardship are found way down the page.

Thank you! That's what I though but every sample I have was written from the UKC point of view basically explaining why it would be a hardship for the USC.

[Wuozopo 4,293]

7 minutes ago, Pooley said:

Thank you! That's what I though but every sample I have was written from the UKC point of view basically explaining why it would be a hardship for the USC.

 

It is the denied UKC that asks/applies for the waiver and writes it. It is the USC that must have the hardship if their relative is inadmissible.  I think I wrote the other wrong. Forgot you are USC.

[EnglishLove 112]

Just now, Wuozopo said:

 

It is the denied UKC that asks/applies for the waiver and writes it. It is the USC that must have the hardship if their relative is inadmissible.  I think I wrote the other wrong. Forgot you are USC.

Ohhh okay. We'll I would be the one writing.. just in his point of view then?

[Going through 5,671]

I would suggest at least having an attorney look it over before submission.

 

 

Edited April 22, 2019 by Going through

[EnglishLove 112]

3 minutes ago, Going through said:

You are the USC----the letter is from your point of view, and hardships you would face---not from his point of view/his hardships.  USCIS doesn't care about the foreigner's hardships in these circumstances.

 

 

Yes, I writing them about me, however, the samples I had all were were written from the foreigner's point of view, basically pleading on behave of their USC's fiance's hardship's. 

[Going through 5,671]

4 minutes ago, Pooley said:

Yes, I writing them about me, however, the samples I had all were were written from the foreigner's point of view, basically pleading on behave of their USC's fiance's hardship's. 

The USC is the one submitting evidence of the hardships faced by the USC, probably better if the letter is written in the USC's point of view.

Edited April 22, 2019 by Going through

[ilovelondon 22]

1 hour ago, Boiler said:

The hardships are to the USC, do people do it themselves absolutely but this is not a simple issue and will require much research.

 

Fiancee or Spouse success rates seem to be the same.

Fiancee or Spouse success rates seem to be the same.，yes.my K1,s waiver is approved

[EnglishLove 112]

9 minutes ago, Going through said:

I would suggest at least having an attorney look it over before submission.

 

 

I am taking samples that were written by an attorney. I grew up working in attorney's office's and currently still work in the law so I am able to write up letter's and make them sound professional. I did consult with an immigration attorney about his history but she didn't even know what a caution was and still charged me $100 🙄. I just realized I was writing the letter in my point view, explaining why I can not move to the UK if he was denied, and when I was going over a couple of hardship waivers that I saved that they were written by the foreigner's point of view, basically pleading on behave of their USC fiance's, whether it was for their children or medical or whatever. 

[EnglishLove 112]

Just now, ilovelondon said:

Fiancee or Spouse success rates seem to be the same.，yes.my K1,s waiver is approved

Was your's for criminal records if you don't mind me asking? I'm having a hard time finding someone with cautions and being denied. They either have drug charges, sex offenses, or actual convictions instead of cautions....

[Going through 5,671]

If you're willing to share---what were the adult cautions for?  I realize that you're thinking of all possible fall-outs in pre-preparing for a 601...but perhaps if you share the actual cautions members here can help you determine if it will reach the point of a need for the 601?