Help with Waiver I-160A

[Higuys23 0]

I came here in 2022 with a K1 visa, got married one month later, lots of bad things happened on the marriage and did not applied for GC. Got divorced. Now I will apply for the consular process thru my actual U.S citizen husband. But I want to know what should I send to the waiver as proof of extreme hardship? 

I know it need to be sent after the I-130 approval, but as the most hard part of the process I want to get things prepared since now.

Thank you

[appleblossom 3,454]

Just now, Higuys23 said:

I came here in 2022 with a K1 visa, got married one month later, lots of bad things happened on the marriage and did not applied for GC. Got divorced. Now I will apply for the consular process thru my actual U.S citizen husband. But I want to know what should I send to the waiver as proof of extreme hardship? 

I know it need to be sent after the I-130 approval, but as the most hard part of the process I want to get things prepared since now.

Thank you

 

Where are you now, are you in the US or overseas?

Edited February 27 by appleblossom

[Higuys23 0]

1 minute ago, appleblossom said:

 

Where are you now, are you in the US or overseas?

I am at US. 

[Boiler 46,415]

I 601a is filed in the US on the assumption you intend to stay for the many years it takes?

 

Is that your plan?

[Higuys23 0]

Yes my

48 minutes ago, Boiler said:

I 601a is filed in the US on the assumption you intend to stay for the many years it takes?

 

Is that your plan?

Yes, that way I don’t have to live abroad while the waiver is under review. I can wait here. Whatever it’s not guaranteed that it will be approved. But I hope yes 

[Boiler 46,415]

Just so you know your Souse filing a waiver gives you no status

[Higuys23 0]

3 hours ago, Boiler said:

Just so you know your Souse filing a waiver gives you no status

I know that, getting status is not the point, the point is not having to request the waiver from my home country and be separated from my family for years until it get approved 

[SalishSea 18,286]

Why do you need a waiver?

[Higuys23 0]

5 minutes ago, SalishSea said:

Why do you need a waiver?

Even come with a k1 visa and get married if I do not apply for adjustment of status within 2 years of marriage or end the marriage before applying, automatically makes my presence unlawful. 

[carmel34 3,664]

8 hours ago, Higuys23 said:

Even come with a k1 visa and get married if I do not apply for adjustment of status within 2 years of marriage or end the marriage before applying, automatically makes my presence unlawful. 

Have you consulted with an experienced US immigration attorney?  I-601A waivers are generally not DIY cases, and yours is not straightforward.

[Higuys23 0]

18 minutes ago, carmel34 said:

Have you consulted with an experienced US immigration attorney?  I-601A waivers are generally not DIY cases, and yours is not straightforward.

Yes I did. And I am not diy ofc I’ll have a lawyer. But I would like to know experiences and what was submitted.  Also how do you know if not straightforward? Are you a lawyer? Do you everything that happens? 

Edited February 28 by Higuys23

[Boiler 46,415]

This is a DIY site

 

What is submitted in a waiver package will vary depending on the nature of the extreme hardships claimed

[canadian_wife 1,829]

Are you adjusting through your K-1 sponsored spouse or is this a separate person?

 

Good luck

[Demise 1,369]

On 2/27/2025 at 6:07 PM, Boiler said:

Just so you know your Souse filing a waiver gives you no status

Taking an aside from the thread at hand:

 

This is kinda the difficult point where the site TOS (depending how strictly you read it) meets the law as applied. Sure, I-601A does give you no status, but also I-601A exists specifically to let you stay in US while the waiver is pending (compared to the I-601 that required you to leave first, get banned, attend a consular interview, and then file, then once approved attend another interview). This is similar to something like 245(i) grandfathering with a backlogged petition where waiting in US until you can file for AOS is the best option for you.

 

Now, I would never recommend that someone should overstay or otherwise violate their status, but if that violation has already happened then you have to react accordingly and give the best advice through whatever path exists in the law.

 

 

Anyways back to the topic at hand.

OP, here's USCIS policy manual for what USCIS looks for:

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

Also keep in mind that extreme hardship sounds scary but it's not an insurmountable standard to clear and everything gets reviewed as a totality of circumstances, so a pile of things that wouldn't really be all that horrible on their own will generally be enough to move the needle enough for an approval.

 

 

Edited 14 hours ago by Demise

[Boiler 46,415]

ToS is as always my Bible.

 

But yes as in a lot is US Immigration there are aspects that are contradictory.