Kerupt

I was hoping someone could lend me a little advice or put my mind to ease somewhat.

I just sent my wife the I-601 waiver prepared by my lawyer and she will submit it hopefully the Thursday after next. I am concerned for the wavier is short and to the point... basically it is summed as my not knowing the language and the unability to find work in the country my wife is currently in and her home country, which is also a third world country.

The only other point is that my stepson has gone to school here in the states ever since kindergarten with the exception of last year which would have had him in 8th grade. Due the unability to re-enter the states he missed all of last year and the current school year has just begun. He is basically "americanized" and is having trouble adjusting with the language barrier in the country he is currently schooling in.

Making a long story short... I was wondering if anyone knew of the options I have left if the wavier isnt granted ? The waiver is basically short and to the point of things... not alot of extra added to it. I have tried to look for alot of things concerning waivers on the internet but if doesnt aply to my situation, whats the point? I put the cards I had delt to me on the table and hope that I have a considerate, kind-hearted person to make judgement on our submission.

My lack of knowledge on how things were supposed to go is what basically put my in the current condition I am right now... so hopefully the waiver will be granted. I am just trying to keep my eyes wide open, just in case. The worrying isnt the hardest part... its the unknowing what your future holds that is tearing me apart.

If anyone could help with what options I would have after the outcome good/bad. I am not even sure what the next step for us would even be if the waiver is granted ??? We have an approved 130 and I dont even have a clue where the next line is that I have to stand in.


Thanks for reading =)

Folinskyinla

Hi:

I really can't comment on the application without having seen it.

Lawyers among themselves often turn the phrase "weight of the evidence" on its head by noting that it does NOT refer to the amount of paper submitted.

I know that I also submit a legal brief on how BCIS should "weigh" the various "equitable factors" with each other -- the idea being that "extreme hardship" must be determined in light of the ground of inadmissability for which waiver is sought. As a retired immigration judge once told me, sometimes ANY hardship will be extreme in the context of the offense.

Kerupt

Thank-you for reply Folinskyinla =)

If I read your reply correctly... I can hope that retired friend of yours has children in the same profession and/or he came out of retirement. =)

We were just your everyday family that couldnt stand to be apart. Thats why theres is nothing more to add to the waiver. We kept our noses clean and kept to ourselves. The biggest mistake I made in my lifetime was not knowing how much unknowing of visas/overstaying would affect my future.

I keep telling myself over and over that the short and to the point is good. I know its the only reasons I have anyway. My wife brings up other factors that have happened, but the outcomes have already past. I can't compare my case with any other. I just have to hope that what we present satisfies the powers that be. I just get this overwhelming feeling to put my feelings into words and thats a very difficult thing to do... I mean how do you express a years worth of tears and pain on a piece of paper?

BeachBunny

I can't really offer you any advice but to let you know that I know how you feel. I feel like my life has been put on hold. We submitted out waiver 6 weeks ago tomorrow and a decision still hasn't been made on it. The London ConOff told us 6-8 weeks.. but my lawyer said it could take up to 6 mos... ugh! I haven't even mentioned that to my husband yet!!

Good luck with the waiver!!

Laura

Kerupt

Thanks for the wishes Beachbunny !! I as well wish you all the best success in this long journey upon this road that leads to love, life and happiness.

I dont have a clue how this process even goes. My wife seems to think that the waiver will be decided upon right in the Consulate by the officer that interviewed her and my son. I was under the impression that it would get sent elsewhere ?? I have no idea of what kind of time frame would be put on our case for I am sure the ways of going about things differ from consulate to consulate. I believe she was told anywhere from 3 weeks to three months but I am not very certian on this.

So far the embassy has been nothing more than helpfull reguarding exchanging information. They seem to be right on top of things. =) Our 129 past the vailidity date and they sent my wife information telling her so as well as what they needed to extend it by another 4 months. Now that we have an approved 130 I am not sure what this all means nor what the next step of the process is.

Its hard to try to prepare for the road ahead of you when everyones paths are so differant. I guess if life was simple there would be no reason for tears... I myself can't wait to cry tears of happiness for the tears of lonliness hurt more. I dream about the smiles on my Wife and Sons face !!! Someday we will all be able to have a good cry together while we hold each other with smiles on our faces.

until than...

Folinskyinla

Hi:

the I-601 is adjudicated by DHS, so it is sent "somewhere else" -- which is the nearest DHS overseas office -- you don't say what Post you are dealing with. All of the overseas DHS offices are located in consulates or embassies -- so "somehwere else" might be 20 feet away down the hall -- or it may several thousand miles away.

Kerupt

We are dealing with the consulate in Japan. If memory serves me correctly someone mentioned that it would go to another country, the Phillipines I believed they mentioned?? I again have to thank you for at least knowing where it goes. My wife keeps telling me that the person that conducted the interview would make the final desicion but I was thinking it would not be that easy.

The thought of someone that actually met my family face to face kind of had an assurance to it though, for at least he had some time with my son. A 15 year old having to go through these types of things is an unbearable thought. The officer was kind to him and for that I thankfull. I can't begin to imagine the types of fears my wife and I have made him feel.

I did some checking after you informed me who handles them and found that the waiver will goto Seoul, Korea. =) I guess it was nice thinking that human emotion might play a part in things for awhile. I can now just hope the people that work in Seoul like the food over there.

hwarang

Hi Kerupt,

HUGE HUGS to you and your family. We so can relate to what you are going through. You just made the GRAND statement - "The worrying isnt the hardest part... its the unknowing what your future holds that is tearing me apart." OH MY GOD, that is soooo true, in a nutshell. It's sitting back, not being able to plan the rest of your life, waiting for your life to begin.

My USC husband and I have been together 3 years, married for one. We have been here in my country Australia for almost 2 years now. We met while I was living in the States. I was just coming out of an abusive and volitile marriage (of whom he was USC and we had married while I was there legally, and he never filed the petition etc due to him not doing his taxes etc so couldn't prove support - long story.) So needless to say, I am subject to the 10 Year Bar. I had no way of getting back to Australia - bear in mind I have two children from previous relationship so it wasn't just me I had to worry about, it was the 3 of us. My ex husband wouldn't let me leave (another long story) So fortunately for us, we met my current husband and he helped us leave him. My husband and I returned to Australia as I was homesick for what I had been going through, certainly not intending to live here forever...........anyway, enough of my boring life history, lol

The following info is also in reply to "whatever" in a previous post..........

We just received i-601 denial due to not enough extreme hardship, with the option to appeal. We shelled out big dollars (life savings, lol) for an attorney and we didn't get our monies worth. He based our submission only on financial hardship due to my husbands business and contracts in the States, that was all. On financial harship (which is irrelevant) we also have the problem of wages being far less here for my husband than in the States so affording to pay his USC child support as well as affording our house repayments (we bought a house over there at the beginning of the year never anticipating or knowing that I had an "overstay". All this as well as living here and Australia is not a cheap country to live in.

There is also the stress of my husband not seeing or speaking with his children - his ex wife is far from accommodating. We can not afford an attorney to fight for his rights at this point, unless we were able to go back home. (bare in mind the dollar difference between here and the States)

Also the stress etc for my husband at the thought of not seeing his children for the remaining 8 years of my ban. We just cannot afford travel in the situation we are in. There is also the taunting he receives here for being American - due to the recent events of late. That makes him uncomfortable. I guess many people here blame him for the war etc etc.......lol How else can we prove extreme hardship, living here in AUSTRALIA of all places. He is just down right unhappy here. Although separation is irrelevent, it causes major health issues - depression etc. We had a couple of other valid points also, but who know's?

The weird thing is - no one can tell you exactly what BCIS looks for and accepts as extreme hardship. The attorney in the US that we wanted to use but simply could not afford said that all the above points could most certainly be worked with and tweaked.

And I am sure that most of us could have relevant hardships that we don't even realise due to the fact that we are clouded by the prospect of being seperated and financially strapped if we can't be with our families.

One thing for sure, this site has been a godsend......to be able to read and see that you're not alone and get on here and get things off your chest is helpful.

I wish everyone the best of luck and hope you get what you want. I know how much you are going through.

Sue