Opinions on possible I601 case

[winchester70 0]

Hi,My wife is Brazilian.I had met her in New Jersey in 2006.She (ewi) in october of 2002.Her 9 year old son was brought here (ewi) in december of 2004 by her brother.While they were in Texas they were caught by immigration services and detained.She was called in New Jersey to come to Texas to get him.She and her son were processed and given papers then released back into the united states.She cannot remember what the paper was.She never attended any hearings about her or her sons case.Fast forward to october 2006 I met her in New Jersey and we had been engaged quite some time.She flew back to Brazil sept of 2007 and has been here since.I am now living with her here and we are getting married here on january 14th.I will then file the I130 for her.I am sure the I130 will get approved but no visa issued to her for the undocumented time.Does anybody has personal experience with a situation like this?I am sure the I601 waiver is needed based on hardship to me the sponsor.Any input or information you can provide me would be greatly appreciated!

[Dakine 26]

Hi,My wife is Brazilian.I had met her in New Jersey in 2006.She (ewi) in october of 2002.Her 9 year old son was brought here (ewi) in december of 2004 by her brother.While they were in Texas they were caught by immigration services and detained.She was called in New Jersey to come to Texas to get him.She and her son were processed and given papers then released back into the united states.She cannot remember what the paper was.She never attended any hearings about her or her sons case.Fast forward to october 2006 I met her in New Jersey and we had been engaged quite some time.She flew back to Brazil sept of 2007 and has been here since.I am now living with her here and we are getting married here on january 14th.I will then file the I130 for her.I am sure the I130 will get approved but no visa issued to her for the undocumented time.Does anybody has personal experience with a situation like this?I am sure the I601 waiver is needed based on hardship to me the sponsor.Any input or information you can provide me would be greatly appreciated!

You guys are living in Brazil now? You are going to do a DCF?

[mrs. wife! 3]

Hi,My wife is Brazilian.I had met her in New Jersey in 2006.She (ewi) in october of 2002.Her 9 year old son was brought here (ewi) in december of 2004 by her brother.While they were in Texas they were caught by immigration services and detained.She was called in New Jersey to come to Texas to get him.She and her son were processed and given papers then released back into the united states.She cannot remember what the paper was.She never attended any hearings about her or her sons case.Fast forward to october 2006 I met her in New Jersey and we had been engaged quite some time.She flew back to Brazil sept of 2007 and has been here since.I am now living with her here and we are getting married here on january 14th.I will then file the I130 for her.I am sure the I130 will get approved but no visa issued to her for the undocumented time.Does anybody has personal experience with a situation like this?I am sure the I601 waiver is needed based on hardship to me the sponsor.Any input or information you can provide me would be greatly appreciated!

Hi, sorry I cant help you too much as I'm not an expert. But I've been reading a case just like yours and this is what I found:

• When an alien enters the US as an EWI one time and stays in the US more than 1 year, he faces a ban of 10 years. This ban is generally waiveable immediately with an I-601 waiver. The law that describes this is INI 212(a) (9)

• When an alien enters the US as an EWI and stays in the US more than 1 year in aggregate, then leaves and enters again or attempts to enter again, he is banned for life. This ban can generally be waived with an I-601 waiver but not until the alien has first spent 10 years outside the US. The law that describes this is INI 212(a) (9)©. There are a few exceptions to this rule- see exceptions to (9) © below.

Hope someone with more acknowledge will reply your post.

[jpaula 20]

Hi,My wife is Brazilian.I had met her in New Jersey in 2006.She (ewi) in october of 2002.Her 9 year old son was brought here (ewi) in december of 2004 by her brother.While they were in Texas they were caught by immigration services and detained.She was called in New Jersey to come to Texas to get him.She and her son were processed and given papers then released back into the united states.She cannot remember what the paper was.She never attended any hearings about her or her sons case.Fast forward to october 2006 I met her in New Jersey and we had been engaged quite some time.She flew back to Brazil sept of 2007 and has been here since.I am now living with her here and we are getting married here on january 14th.I will then file the I130 for her.I am sure the I130 will get approved but no visa issued to her for the undocumented time.Does anybody has personal experience with a situation like this?I am sure the I601 waiver is needed based on hardship to me the sponsor.Any input or information you can provide me would be greatly appreciated!

It is pretty important to know what the paper said and hard to give any advice until that is known. But, my best guess is that she was given voluntary departure. If that is the case, she will need to show that she left by the deadline. Again, speculation on my part as you do not know what she was given. You will want to find out for sure before you proceed.

[winchester70 0]

Thank you for your quick replys!As far as consular filing I am not sure the reason is two fold.I don't have my residency here yet I think that is one of the condition's for direct consular filing.My second concern is-how long do you have to turn in the waiver once they say you are applicable for a waiver?Have read is like 6 weeks to 2 months.Trying to claim the hardships and get all the neccesary papers would be difficult in that time frame.

Somebody mentioned the voluntary departure issue.I believe her hearing would have been early 2005 but she did not live the USA until september of 2007 more than 2 years later.Fire away with more opinions! Again thank you for your previous replys!

[canadian_wife 1,823]

You should have the waiver packet ready at the interview. Some consulates allow the packet to be turned in at the denail of the interview.

Your fiance will be denied and given a 10 year ban (at least) but what also matters is what the page said that she was given. If she was released with conditions and she failed to meet them, this will also be a problem.

In your waiver packet, you will need to show how you will endure extreme hardship if your fiance is not returned to the US AND how you cannot live in Brazil with her, this will be particularly difficult for you to prove since you are currently living in Brazil with her.

Get a lawyer for the packet, it is lengthy and cumbersome. I suggest Heather Poole or Laural Scott

http://www.humanrightsattorney.com/

http://www.scottimmigration.net/

Good luck.

[mrs. wife! 3]

Thank you for your quick replys!As far as consular filing I am not sure the reason is two fold.I don't have my residency here yet I think that is one of the condition's for direct consular filing.My second concern is-how long do you have to turn in the waiver once they say you are applicable for a waiver?Have read is like 6 weeks to 2 months.Trying to claim the hardships and get all the neccesary papers would be difficult in that time frame.

Somebody mentioned the voluntary departure issue.I believe her hearing would have been early 2005 but she did not live the USA until september of 2007 more than 2 years later.Fire away with more opinions! Again thank you for your previous replys!

I'm applying for my husband's residency here in Brazil and I can send you what documents you need to give to the BR Immigration. It's pretty easy, the only part that we found a little hard was to get his criminal record from the FBI. Let me know if you need any help.

About the waiver, I know that the Rio de Janeiro Consulate accept the waiver at the interview. I have I friend who went there and the Consul said she should have brought the waiver, but she didn't know that was possible.

Also, about the hardship, I think you can say that you tried to live in Brazil but it's just too hard on you. At least they will see you tried.

One more thing. If you need a lawyer, I know this woman and she is pretty good. She lives in America but is on vacation down here. She has a team of lawyers in America and in Brazil. Her contact is: Dra.Sandra U.Santiago - http://visausa.webs.com or juridicousa@hotmail.com.

Good luck.

[winchester70 0]

Hello and thank you for your replies.I had read somewhere that rio does accept the waiver at the interview and you guys reaffirmed this.Second as far as my hardships which are numerous.

1.I have to have arthoscopic reconstructive surgery on both hips as I have mobility problems.This surgery is very new and in it's infancy in the united states.I can give doctors evaluations as proof in addition of documents of what is involved.Also documents as my brother ultimately had both hips replaced.This is heriditary in our family.

2.I have suffered from a central retinal vein occlusion in my left eye.I had suffered the loss of half the vision in my left eye due to this.They are unsure if it was a minor stroke or bllod chemistry related.

3.I have high blood pressure and extremely high triglycerides.

My basic claim is the surgery for the hips is not availible here in brazil(which it is not) and my other conditions involve the need of specialist.In addition I don't speak fluent portuguese so how am I going to communicate with my doctors.Basically I can't get the proper care or communication.

My parents:Both are in their mid eighty's.My mother has a huge history of cardiac problems to which she was found on the floor with no heartbeat 10 months ago.Long story short now has a diffibulator in addition to an aniorism on her heart.She can't drive as they are afraid she could black out.My father is a cancer survivor and has extreme diabeties.His mobility is not the best.They both live in the home they purchased in sedona,arizona.I can show the documents for their conditions and the need for me to be there to assist them.

My safety-As a gringoe I am the target of either kidnapping or robbery.I have seen other people claim this and back it up with statistics and articles.In addition,my sttepson was robbed a month ago in the town of jacareeipe here in Serra ES.He was walking down the street when a gun was put to his head and his chain forcibly taken from.Two days ago the "traficantes" had a gun battle on the very bus we use to places.It is realistically dangerous for me.

My daughter from my first marriage.I am responsible to pay child support through the state of NJ.My account is in perfect standing no arrearages.If I were able to procure a job here due to my mobility issues I would either work all month just to have enough to send to pay it or be short.I can't speak the language so the job pays that people have potential employers have quoted me are very low.I used to work as an automotive mechanic then as a service and parts director of a dodge dealer until the car business went sour.I can no longer stand on my feet all daywhich being a tech requires.Any type of deskjob here they can't pay me because I can't produce due to my inabilty to speak and write portuguese.

Loss of income-this one is self explanitory also what I would pay into social security.Can be backed up by facts social security statements.Have seen others claim this.

MY future.I cannot progress here to the point I can in the united states.Change of lifestyle etc.

I think these are my totally real hardships because yes they are true and factual.I had paid 7 months of support before I left to come here so it was covered.I am now looking at going back in febuary possibly to find work in my parents town of sedona.This way I can claim my hardships number one but also start the I130 and get a job.

Is really crazy situation and extremely difficult to keep the money flowing here in Brazil.

Again please feel free to share your opinions and comments.I am new to this forum and so far have gotten great responses!

[winchester70 0]

I forgot to add in addition to my hardships is the fact that I tried to live in Brazil but it was immposible for the reasons stated

[mrs. wife! 3]

I forgot to add in addition to my hardships is the fact that I tried to live in Brazil but it was immposible for the reasons stated

I think you are on the right way! I'm sure you'll need a lawyer experienced with waivers though. I see a lot of people who uses the violence (especially in RJ) and the language as an important point as well.

My husband got a call from IBM for a job. The Human Resources woman didn't speak English at all, so he handed me the cell and I told her that he was still learning the language but everyone know that IBM really needs English speakers. But she said he couldn't be included in the interview process because they need someone who speaks both languages.

He has a degree and experience in Computer Programming (the job offer was to do what he is used to do in America) and IBM didn't want to hire him! Even want to interview him! And hey, it's an American Company!!!!

So yes, the language thing is a good thing to add. You can't became fluent in only a couple of months.

I can't remember anything to add to your hardship, but I think you have got a lot already!

Good luck to you and your wife. Hope everything works out thee best way

Edited December 12, 2009 by Mrs. Silverman

[JustJ 0]

this will be particularly difficult for you to prove since you are currently living in Brazil with her.

That's what I was thinking, CW.

Are you planning to return to the US? Or are you going to file a hardship letter with your waiver stating that you must return to the US because you can't live in Brazil?

[winchester70 0]

I am planning on returning to the US in febuary as I have the support issue to deal with but also in addition to lay the ground work for the future.Go back start the I130 and work on the waiver.This way in 6-7 months when she interviews in Rio we are prepared for battle!I hate not to be here as I enjoy it and want to be with her.I feel though it is detrimental to our waiver case to stay if the even think there is a chance I could make it here which I can't for the obvious reasons stated in the last s post.

[JustJ 0]

In addition to naming reasons why you can't move to Brazil, make sure you list reasons why you need your spouse here. Certainly, if you are going to have surgery, I would think post-operative care and rehabilitation would be important to cite. Could you get something from your doctors indicating what your recovery and rehabilitation will entail? I would think that you will have to have some physical therapy and will require assistance with hygiene and other activities of daily living. It's not enough to say it, though, as I understand it. You need to provide something that spells it out, which I would think would be a report from your doctors.

Is your eye problem something that will get progressively worse?

Will you be moving close to your parents to help care for them?

Were your past jobs with Dodge in the US? If you were to stay in Brazil and somehow magically learn the language, thereby making you employable in auto service, etc., would you be competing for entry level jobs with much younger people? I don't know how old you are, but if you're older, maybe you could list that you would be competing with younger people for entry level positions that would pay very low. Don't know how good that thought is, but it occurred to me and I thought I'd mention it. You would need to provide statistics, of course, to back that claim up, as well as perhaps letters from your past employers, etc.

Wish I could be more help. I know it's hard. Just list your headings, as many as you can think of, and then keep and reinforce your strongest hardships.

I'm probably not the best one to help you, as I'm not sure my own hardship letter will pass muster. Tried my heart out, though, and told God's honest truth. Stinks to have to air all your personal laundry to total strangers who probably just roll their eyes and laugh, but hey, we gots to do what we gots to do, right?

[canadian_wife 1,823]

You list a lot of hardships to you, but what you fail to do is explain why your wife needs to be returned to the US in order to alleviate this extreme hardship. Why should your wife come to the US when clearly you have been suffering from these for a while?

Also, why can't you move to a less dangerous location with your wife? Say a 3rd country or a safer city in Brazil?

You're brother's hip problems are irrelevant

You also failed to explain why you, and only you, must care for your ailing parents.

Further, why can't you learn Portuguese in order to procure a better job there and therefore meet your financial requirements at home?

I don't mean to sound harsh, I think you have a lot to work with but what you need to focus on is how these will all be made better by your wife coming back to the US. This is exactly why you need a lawyer

Good luck

[winchester70 0]

Again thank you all and you bring some well thought out idea's.The one other question I had is her son.He ewi'd at age 9 into the united states.I was told by an attornery he would not need the waiver as they do not barr minor children.I would like your opinions and experiences on this.I was told only a 212 permission to reapply was need for him.