BeachBunny

Okay, I am working on my I-601 waiver for my husband. I'm trying to find extreme hardship because we are filing an overstay waiver.

One of the things I'm trying to establish is that I've been the only bread winner in the family. We have been married for over 5 years. Unfortunately, we do not have any children from other relationships (or with one another ... yet), I don't have health problems, my parents are doing alright for there age. I don't contribute to helping them out at all..

So really all I have going for me is my ties to my community and family.. as well as a great job. My employers have already wrote me an awesome letter.. and family and friends are working on theirs.

Now for the point of the post. In my letter for the waiver I'm trying to establish that the UK would give us an hardtime with me receiving an Entry Clearance. My husband recently started working there and is only making 6 pounds an hour. He is barely surviving on his own. I'm sending him money when I can (gotta love PayPal) to suppliment his income. He his living in a friend's caravan. I want to show that an Entry Clearance visa for me would more than likely be denied.

Is there an financial minimum (Like our 125% above poverty level)? I looked at http://www.britain-info.org/visas/gu...ent_Spouse.asp and don't see it.

It says under Financial Support

"Evidence that you and your spouse can support yourselves and your dependents without recourse to pubic funds may include one or a combination of the following documents according to your circumstances.

a) Letter from your spouse's employer in the United Kingdom stating the position in the company, length of service, annual salary and whether the position is permanent."

However, it doesn't give an exact figure to go by. I would like to use these sections in my letter.. but I think it would look better if it had some actual figures

It does say "There will be adequate accommodation for the parties and any dependents without recourse to public funds in accommodation which they own or occupy exclusively;" ... later...

"NOTE: Under the Rules you must demostrate that you have the intention and ability to acquire adequate accommodation of your own or which you occupy yourselves (i.e. a separate unit of accommodation. One room in a shared property may not be acceptable other than on a strickly temporary basis".

Leighton is living in a small caravan... where in order to take showers he must use his in another house. Also, he is only able to use the bathroom for limited use.

any suggestions??

Laura

cindyabs

Laura, try posting this on the us/uk group or contact Narnia the moderator on that. She is the guru about moving to the UK.

MrsLondon

UK immigration authorities do not have a stated minimum like in the US, because each case is decided on it's merits. (I can understand that. For example, someone with their mortgage paid off could probly live on a lot less that someone renting a place in an expensive city. How can you count the incoming money without looking at what's going out?)

I think you are much more likely to prove hardship on the accommodation front. Afterall, living in a caravan has to be hardship!Maybe call the British Consulate and see if you can get them to confirm that they would not give you a visa due to the lack of proper accommodation, and see if they'll put it in writing.

Btw you'll hate me for saying this, but are you sure your fiancé is not after a free ride? It seems strange that he can hardly support himself and is happy to take money from you. You know from reading this NG that once the Affadavit of support is signed there is no going back. You could land up getting taken for a ride if things go wrong. Personally speaking, although it's good from a hardship POV, I'd be inclined to make him prove he's not going to be a financial burden before I committed.

OK please don't get mad at me, I was just concerned for you with all these horror stories I have read on here!

lairdside

He's not her fiancé ..he's her husband. For five years now.

I think Laura probably has a pretty fair idea of what he's about by now

MrsLondon

I didn't mean to cause any offence. I'm sure she trusts him.

NevAnna

I think Laura was looking for specific answers, not advice/opinions on her personal life.

BeachBunny

Thanks.. no offense taken. I would probably think the same thing. However, we have been happily married for over 5 years.

The only problem I have with asking the British Consulate to put it in writing is that if his waiver is denied.. then I would, of course, still want to have the option of filing for me to move there. Because an even bigger hardship for me would be permanantly seperated from my DH over not being able to see my family for 9 years.

Thanks for everyones answers. I think I will try to work on the angle / fact that based on the BC's website I'm not eligible to move over there.

Folinskyinla

Hi Laura:

As I have mentioned before, these cases are quite fact specific. As a general rule, economic hardship usually doesn't fly that far.

I made this recommendation before -- a lawyer is a good idea. However, make sure that the lawyer has actually done these waivers successfully.

If you have the time, go to http://www.immigration.gov/graphics/...3/h2/index.htm and read a lot. Although you are asking for a waiver under a different section, these cases give you an idea about how BCIS is reading "hardship" these days.

BeachBunny

I do have a lawyer handling the waiver now. I guess what I meant to say is that I would try to focus on that in my letter. I need to hand in my letter to my attorney on monday.

I am also working on getting affidavits/letters from my family and friends.

I've gone to the site given and have starting printing up pages to read this evening. Is there any way to find cases based on cases decided only overseas? I couldn't tell how to navigate the site.

BeachBunny

I just printed up at least 10 of the cases... and have scanned through them. not one was approved! I'm leaving work in a few minutes and am going to scan through some more but it doesn't look promising.

I think I need to have another detailed conversation with my attorney, because I don't see how its possible we are going to get approved. I mean these other people had way more hardship than me.. let alone extreme!

Well... here's to another sleepless night!

Folinskyinla

There was one in Los Angeles in 2003 that was approved.

MrsLondon

Laura,
If the British Consulate gives you the letter to say you'd be denied because of the caravan, it won't stop you helping your husband find better accommodation and getting the UK visa at a later date, if the US visa fails to be approved.
Good luck!

MrsLondon

And I did give her the information she wanted.

NevAnna

I didn't see in her post where she asked for this paragraph, heh. You've been married for 5 years to an American citizen, what if someone offered the same advice to your husband about you? Straying off the topic to dig into someone's personal life doesn't impress me. Good thing she didn't take offense to this.

doctor scrumpy

To settle an arguement, how much dos the I 601 cost to process ? In UK £ rather than US $ I mean.

Cheers