hardship clause

[Meefsgirl 0]

Does anyone know of a hardship clause in immigrating to the States?

We were married here in the States last October and I went back to Australia to begin the spouse visa process but before my husband could start work on the 1-130 he became very ill. I had to get a twelve month visa and come back asap. Now he is nearly blind and still very ill and unable to look after himself. This is not something that will leave him for a long time.

Is there something somewhere where I can apply for a permanent visa while here in the States?

Thanx

Edited July 27, 2007 by Meefsgirl

[MargotDarko 0]

Does anyone know of a hardship clause in immigrating to the States?

We were married here in the States last October and I went back to Australia to begin the spouse visa process but before my husband could start work on the 1-130 he became very ill. I had to get a twelve month visa and come back asap. Now he is nearly blind and still very ill and unable to look after himself. This is not something that will leave him for a long time.

Is there something somewhere where I can apply for a permanent visa while here in the States?

Thanx

When you have the intent to immigrate at entry, there is no possible option without returning to Australia for an interview. However, if you have permission to stay for 12 months, you should be able to get everything together and done for the visa and only have to return to Australia for the interview and then return on your new visa which would result in a green card upon entry.

As a side note, I have not heard of a 12 month visa before. What type is it and how were you able to obtain? I'd like to know in case it's something I can mention to anyone else in a similar situation.

[Kath 0]

hi margot

found this on the aussie site that might help ya with that question..

Australian citizens are usually issued with a multiple entry B1/B2 Business/Tourist visa valid for 12 months or 5 years. For fee information Fees for non-immigrant visas. The validity of the visa has no bearing on the length of stay. Each time you enter, the Immigration Officials at the port of entry will determine how long you may stay. If the amount of time given to you is not sufficient you may contact the nearest the United States Citizenship and Immigration Service (USCIS) office, or under its parent agency, the Department of Homeland Security (DHS). You should apply for your extension well in advance. Approval or denial of the extension is at the discretion of the USCIS.

this might be the type of visa she obtain...

as for the hardship application...im sure someone on here can help you with that...could it be a waiver application that you have to send in...

i would do what margot suggested...stay in the states look after your husband while your pettition is pending then go back to oz for your medical police check and interview in sydney and get back asap to your hubby...

good luck to you .. sorry i cant be of any other help to you...

kath

[MargotDarko 0]

hi margot

found this on the aussie site that might help ya with that question..

Australian citizens are usually issued with a multiple entry B1/B2 Business/Tourist visa valid for 12 months or 5 years. For fee information Fees for non-immigrant visas. The validity of the visa has no bearing on the length of stay. Each time you enter, the Immigration Officials at the port of entry will determine how long you may stay. If the amount of time given to you is not sufficient you may contact the nearest the United States Citizenship and Immigration Service (USCIS) office, or under its parent agency, the Department of Homeland Security (DHS). You should apply for your extension well in advance. Approval or denial of the extension is at the discretion of the USCIS.

this might be the type of visa she obtain...

as for the hardship application...im sure someone on here can help you with that...could it be a waiver application that you have to send in...

i would do what margot suggested...stay in the states look after your husband while your pettition is pending then go back to oz for your medical police check and interview in sydney and get back asap to your hubby...

good luck to you .. sorry i cant be of any other help to you...

kath

Thanks for that, kath. I thought tourist visas could only receive six months validation, so that's good to know it's different for Australians.

Meefsgirl - Just to be sure there are no problems down the line, double check that your tourist visa has been validated for a 12 month stay and not just that the visa itself is good for 12 months.

[Meefsgirl 0]

Does anyone know of a hardship clause in immigrating to the States?

We were married here in the States last October and I went back to Australia to begin the spouse visa process but before my husband could start work on the 1-130 he became very ill. I had to get a twelve month visa and come back asap. Now he is nearly blind and still very ill and unable to look after himself. This is not something that will leave him for a long time.

Is there something somewhere where I can apply for a permanent visa while here in the States?

Thanx

When you have the intent to immigrate at entry, there is no possible option without returning to Australia for an interview. However, if you have permission to stay for 12 months, you should be able to get everything together and done for the visa and only have to return to Australia for the interview and then return on your new visa which would result in a green card upon entry.

As a side note, I have not heard of a 12 month visa before. What type is it and how were you able to obtain? I'd like to know in case it's something I can mention to anyone else in a similar situation.

Yes, we had thought of that, but the thought of having everything timed right is a little daunting. It may be our only way though.

Thank you anyways..

[Meefsgirl 0]

hi margot

found this on the aussie site that might help ya with that question..

Australian citizens are usually issued with a multiple entry B1/B2 Business/Tourist visa valid for 12 months or 5 years. For fee information Fees for non-immigrant visas. The validity of the visa has no bearing on the length of stay. Each time you enter, the Immigration Officials at the port of entry will determine how long you may stay. If the amount of time given to you is not sufficient you may contact the nearest the United States Citizenship and Immigration Service (USCIS) office, or under its parent agency, the Department of Homeland Security (DHS). You should apply for your extension well in advance. Approval or denial of the extension is at the discretion of the USCIS.

this might be the type of visa she obtain...

as for the hardship application...im sure someone on here can help you with that...could it be a waiver application that you have to send in...

i would do what margot suggested...stay in the states look after your husband while your pettition is pending then go back to oz for your medical police check and interview in sydney and get back asap to your hubby...

good luck to you .. sorry i cant be of any other help to you...

kath

Thanks for that, kath. I thought tourist visas could only receive six months validation, so that's good to know it's different for Australians.

Meefsgirl - Just to be sure there are no problems down the line, double check that your tourist visa has been validated for a 12 month stay and not just that the visa itself is good for 12 months.

Yes, I was able to get a twelve month visa at the Consulate in Sydney. They asked me if I wanted a five year visa but when they found out I was married to an American they said sorry no you can only have the twelve month. I was told in advance that when I came in through the border they may only stamp my visa for six months, which they did and I've applied for another six months. AND paid another two hundred dollars. Here's hoping I get that one.

There is an 1800.. phone number I can ring in the States here to find some help, it's an immigration project. I phoned it a few weeks ago but the person who answered was no help at all. I may phone them again to see if I can get another person to speak to. I guess we may just have to do what Kath first suggested.

[Kath 0]

hi meefsgirl

take a look at this forum .. there are guidelines for hardship and waivers...and posts from others too that have gone through with this kinda thing

waiver forum

good luck

kath

[john_and_marlene 162]

You weren't intending to immigrate when you came. Circumstances changed after your entry. Submit the I-130 and I-485 and adjust status now. Bring medical records with you to the interview to explain how your circumstances changed after entry. You might benefit from at least an initial consultation with an immigration attorney.