Experience with Adjustment of Status? [merged threads]

[PASTJOURNEY18 9]

1 minute ago, Boiler said:

You mentioned she is doing a Bar exam?????

 

I was watching a lady on Hacking yesterday, she had screwed things up, I had sympathy she did not come across as being very bright, not sure I am now allowed to say that, but we have the Internet, you are looking at discretionary relief, let is be real here. Fortunately her case is easily fixable.

 

Obviously my knowledge of your case is limited, my guess is that the I 601a is going to be the way to go.

No no, my wife is doing her bar exam here in the states. Since the I-485 process took forever (I-130 approved and biometrics done), we then had to go through the waiver process (took well over a year), so during that time, she decided to do her masters since she can't work.

 

Sorry for the confusion, but my wife is taking the bar.

[Boiler 45,470]

I was not confused you said it was her.

[Sandra G. 5,047]

5 hours ago, nmanc33 said:

Hi everyone,

 

Does anyone have any experience or recommendations with a hardship waiver or suggestions for a married couple, one being a USC?

Many thanks.

She needs to file the form I-612. Just follow the instructions   https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html

 

[Boiler 45,470]

9 minutes ago, Sandra G. said:

She needs to file the form I-612. Just follow the instructions   https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html

 

Seems they did that

[SteveInBostonI130 3,434]

18 hours ago, nmanc33 said:

Our attorney.

 

She's been here for over 2 years now.

 

How long was she here on ESTA before you got married and submitted the I-485?

 

[Rocio0010 5,579]

What’s the bar exam for?

[Boiler 45,470]

15 minutes ago, Rocio0010 said:

What’s the bar exam for?

Hopefully not Immigration Law.

[PASTJOURNEY18 9]

1 hour ago, SteveInBostonI130 said:

 

How long was she here on ESTA before you got married and submitted the I-485?

 

We got married about 31 days after her Esta expired and filed I-485 about 10-20 days after that.

[PASTJOURNEY18 9]

29 minutes ago, Boiler said:

Hopefully not Immigration Law.

Nope.

46 minutes ago, Rocio0010 said:

What’s the bar exam for?

She is wanting to pursue her career in contracts such as mergers and acquisitions.

[PASTJOURNEY18 9]

17 hours ago, Sandra G. said:

She needs to file the form I-612. Just follow the instructions   https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html

 

Yes we did this!

[Timona 4,207]

Didn't you post here 2 weeks ago? 

 

And if I remember the case, she's been here 2 years and has 6 months left of her HHR..As I said, easier to let her exit and go satisfy that requirement. Should have done it 2 years ago of which she'd have been done 1.5 years ago. Not sure why you went the long route. 

 

Additionally, as @Boilersaid, it's taking takin 44 months for the waiver to be adjudicated. So the question is: 44 months of worrying or just finish the 6 months home? You choose. 

 

P.S. I'll just let her go home, visit her at 3 months mark, then at 6 months to come back together...OR just the 3 months and wait for her home. I won't make a mountain out of an anthill 

[Boiler 45,470]

She has no way of coming back in 3 months, she will have a 10 year ban anyway and no Visa. 

 

 

[PASTJOURNEY18 9]

11 minutes ago, Timona said:

Didn't you post here 2 weeks ago? 

 

And if I remember the case, she's been here 2 years and has 6 months left of her HHR..As I said, easier to let her exit and go satisfy that requirement. Should have done it 2 years ago of which she'd have been done 1.5 years ago. Not sure why you went the long route. 

 

Additionally, as @Boilersaid, it's taking takin 44 months for the waiver to be adjudicated. So the question is: 44 months of worrying or just finish the 6 months home? You choose. 

 

P.S. I'll just let her go home, visit her at 3 months mark, then at 6 months to come back together...OR just the 3 months and wait for her home. I won't make a mountain out of an anthill 

I see what you're seeing, but it's not feasible. The I-601a takes approximately 44 months - hence why the USCIS is in a lawsuit - then she would have to stay there for 6 months - then has to go through the green card process that will take 1-2 years there.

 

Regardless 10 year ban or not - the "shortest route" in 7 years that a person throws away in their lives which in return, as a US citizen, gives me extreme hardship.

9 minutes ago, Boiler said:

She has no way of coming back in 3 months, she will have a 10 year ban anyway and no Visa. 

 

 

Exactly, not feasible.

[Boiler 45,470]

12 minutes ago, nmanc33 said:

I see what you're seeing, but it's not feasible. The I-601a takes approximately 44 months - hence why the USCIS is in a lawsuit - then she would have to stay there for 6 months - then has to go through the green card process that will take 1-2 years there.

 

Regardless 10 year ban or not - the "shortest route" in 7 years that a person throws away in their lives which in return, as a US citizen, gives me extreme hardship.

Exactly, not feasible.

Well that is not how the I 601a route works.

 

Putting that to one side then your only other options are that she stays here illegally, maybe wait for Comprehensive Immigration Reform, or somehow get the HRR waived, which you have tried and failed, so not sure how realistic that is.

 

Well I could have missed something and I am working off limited information, and I will put my hand up and say I certainly do not consider myself an expert in this area.

Edited October 25, 2023 by Boiler

[PASTJOURNEY18 9]

1 hour ago, Boiler said:

Well that is not how the I 601a route works.

 

Putting that to one side then your only other options are that she stays here illegally, maybe wait for Comprehensive Immigration Reform, or somehow get the HRR waived, which you have tried and failed, so not sure how realistic that is.

 

Well I could have missed something and I am working off limited information, and I will put my hand up and say I certainly do not consider myself an expert in this area.

I thought I-601a would have to be filed while they are in the US (44 months with given time frame), once accepted, they return, spend their remaining time for the 2 year HRR (6 months in this case), then go through the process of green card in their home country consulate.