Anyone with experience in I-601 and hardship waiver at Manila

[shannon34 0]

Hello,

My husband has his IR-1 interview in Manila scheduled for June 28. Because he entered the US as a crewman over 10 years ago we know we will need to file an I-601 waiver and letter regarding extreme hardship. I am a 34 year old female US citizen and we have been married for 3 years. We now have 2 biological children (a 3 month old baby girl and 2 year old boy). I also have sole physical custody of a 14 year old daughter from a previous marriage. I am working on the letter now. I have read several posts in this and immigrate2us.net. I don't see anyone with experience go through Manila for an I-601 and hardship waiver since 2005. Do any of you have experience going through Manila for this? I have heard Manila is a hard consulate to get approved through but I don't know why. I want to be as "well armed" as possible before we go.

If you are experienced...

- when was your case?

- what was your experience?

- does it help for me to go with the 2 youngest kids to the interview? (I am planning to.)

- Anything else for me to know?

I have another appointment with our lawyer tomorrow (June 1). We are planning to leave on June 14 to Manila. My 14 year old cannot go because her dad will not allow her to leave the country.

Thank you!

Shannon

After I get home and can get the information from my husband I will post our timeline. We started over 3 years ago, just after we got married.

[Robor007 0]

I'm confused. Why do you have to file for 'extreme hardship'? My wife was a crewman (C-1/D visa in the US) and in and out of the US from 2003-2006. We had no issues with our K-3 visa process. Her activity in the US was asked about as was her canceled C-1/D visa (canceled when her employment terminated with the cruise ship) but it was not a problem with her process.

[shannon34 0]

I'm confused. Why do you have to file for 'extreme hardship'? My wife was a crewman (C-1/D visa in the US) and in and out of the US from 2003-2006. We had no issues with our K-3 visa process. Her activity in the US was asked about as was her canceled C-1/D visa (canceled when her employment terminated with the cruise ship) but it was not a problem with her process.

I have been told by more than 1 attorney that because he entered the US "without inspection" and stayed for more than 1 year we would have to file the waiver. I don't remember the exact date he entered though I did see the slip stamped by the Coast Guard. He is currently in the US but we have to process the visa application at the embassy in Manila because as a crewman, he is subject to a 10 year ban. In his case, he didn't complete his contract and in essence "deserted the ship". He did already get his NBI clearance though without any issue.

However, we wouldn't file the waiver until the visa is denied so maybe we will get lucky and not need it. Boy, would that be grand!

Thank you very much for taking the time to respond. I may be contacting you again.

Shannon

[Robor007 0]

I'm confused. Why do you have to file for 'extreme hardship'? My wife was a crewman (C-1/D visa in the US) and in and out of the US from 2003-2006. We had no issues with our K-3 visa process. Her activity in the US was asked about as was her canceled C-1/D visa (canceled when her employment terminated with the cruise ship) but it was not a problem with her process.

I have been told by more than 1 attorney that because he entered the US "without inspection" and stayed for more than 1 year we would have to file the waiver. I don't remember the exact date he entered though I did see the slip stamped by the Coast Guard. He is currently in the US but we have to process the visa application at the embassy in Manila because as a crewman, he is subject to a 10 year ban. In his case, he didn't complete his contract and in essence "deserted the ship". He did already get his NBI clearance though without any issue.

However, we wouldn't file the waiver until the visa is denied so maybe we will get lucky and not need it. Boy, would that be grand!

Thank you very much for taking the time to respond. I may be contacting you again.

Shannon

Oh that's a totally different situation. My wife worked in the cruise industry for 7+ years and was in and out of many countries including the US but she never overstayed her ship leave. When her employment was terminated she was taken from the ship to the airport where she sat in homeland security until she boarded her flight. There was nothing illegal in this but it was still asked about during her interview with the pre-screener and CO. I would expect they are going to ask the same during your husband's interview. My advice is to answer honestly because I think they'll be a lot more understanding for a mistake than a lie. Good luck!

[Dean iWait 0]

If he is here in the U.S. you can try filing an I-485 to adjust status. I can't believe you have an attorney telling you otherwise. Doing it this way doesn't mean you won't have some hurdles of course. But, it seems better than taking a chance on going back to the Phils.

[Minya's wife 25]

If he is here in the U.S. you can try filing an I-485 to adjust status. I can't believe you have an attorney telling you otherwise. Doing it this way doesn't mean you won't have some hurdles of course. But, it seems better than taking a chance on going back to the Phils.

You are not eligible to Adjust Status if you entered the country as a non-immigrant crewman. The OP's husband did just that, so the only other option is getting a valid visa and entering the country on that. Not everyone that "is here in the US" can adjust status based on marriage, i.e. overstay or falling out of status is forgiven because of marriage to a USC. There are still some cases that cannot adjust status....so they must either voluntarily leave and pursue other 'legal' ways to enter the country....or eventually be subject to deportation.

-P

[Dean iWait 0]

If he is here in the U.S. you can try filing an I-485 to adjust status. I can't believe you have an attorney telling you otherwise. Doing it this way doesn't mean you won't have some hurdles of course. But, it seems better than taking a chance on going back to the Phils.

You are not eligible to Adjust Status if you entered the country as a non-immigrant crewman. The OP's husband did just that, so the only other option is getting a valid visa and entering the country on that. Not everyone that "is here in the US" can adjust status based on marriage, i.e. overstay or falling out of status is forgiven because of marriage to a USC. There are still some cases that cannot adjust status....so they must either voluntarily leave and pursue other 'legal' ways to enter the country....or eventually be subject to deportation.

-P

Ahh ok. Gotcha. That makes sense.

[Robor007 0]

If he is here in the U.S. you can try filing an I-485 to adjust status. I can't believe you have an attorney telling you otherwise. Doing it this way doesn't mean you won't have some hurdles of course. But, it seems better than taking a chance on going back to the Phils.

You are not eligible to Adjust Status if you entered the country as a non-immigrant crewman. The OP's husband did just that, so the only other option is getting a valid visa and entering the country on that. Not everyone that "is here in the US" can adjust status based on marriage, i.e. overstay or falling out of status is forgiven because of marriage to a USC. There are still some cases that cannot adjust status....so they must either voluntarily leave and pursue other 'legal' ways to enter the country....or eventually be subject to deportation.

-P

That is correct regardless of the overstay. The C-1/D visa does not allow adjustment of status. We checked into that option.