My wife and I are currently living in Australia, she is USA citizen, I was living in USA with her and her children, her son was seeing concilors for ADHD and I was the sole support during this time, I could not leave USA as her son was uncontrolable, me being a father figure could calm him down and he made progress, I had no choice but to overstay for 12 months as we were being counciled. I now have to apply for hardship waiver, but I do not no the best way of preparing the document, we have all medical history. We have to return to USA as my son is not coping here in australia, and there are more avenues to help him back in USA

Did your wife ever file for an adjustment of status when you were still in the US?

What visa did you have?

Have a look on these sites for example waivers:

www.immigrate2us.net

www.visajourne.com - I601 section

Given the information you have provided it should be quite easy to craft a waiver. just make sure you document everything.

assuming you meant "counselor" I have one question for you: If we have excellent treatment here in the US what the hell did you go back to that black hole called australia for????