Waiver of inadmissability

[Someone12]

my point to the OP is this:
we should not have any law or rule that says an illegal can gain an instant benefit by marrying a dodo and producing one or more children for the reasons I explained....that is why there is a waiver adjudication process....if anyone could obtain a green card merely by marriage to one of many village idiots and banging out a kid, well, no one would ever leave this country....we cannot have that, and therefore, we have the waiver process without any expectation that a waiver might be granted.
Personally, I believe we should eliminate ALL waivers and watch the number of questionable marriages "for love" evaporate....
and, after your consultation with this attorney, you now know why I said that you could wave goodbye to $5000....they are nothing but thinly disguised TV evangelists...

[RationalE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">my point to the OP is this:
we should not have any law or rule that says an illegal can gain an instant benefit by marrying a dodo and producing one or more children for the reasons I explained....that is why there is a waiver adjudication process....if anyone could obtain a green card merely by marriage to one of many village idiots and banging out a kid, well, no one would ever leave this country....we cannot have that, and therefore, we have the waiver process without any expectation that a waiver might be granted.
Personally, I believe we should eliminate ALL waivers and watch the number of questionable marriages "for love" evaporate....
and, after your consultation with this attorney, you now know why I said that you could wave goodbye to $5000....they are nothing but thinly disguised TV evangelists... </div></BLOCKQUOTE>

As a US born Citizen you have an inherent right to vote and demand that your legislators produce Acts (pass legislations) that are in harmony and in accord with the concerns of constituents who elected them in the first place.
If you believe that all waivers with no exceptions should be banned - then make an imput, write letters and petition your congressmen.

As much as I sympathise with the individual plight of OP (after all she is the USC who wants to be with her husband and doesn't want to leave her newly adopted homeland), at the same time I believe that greater good is more important than the individual one and it requires certain unavoidable sacrifices.
And I don't think there is a greater good than tranquility and harmony in society, therefore if the latter as a whole requires the ban of waivers, overall reduction of immigration caps, complete security of borders and blank deportation of undocumented population - then that is what should happen and everyone should support measures directed to that end.

[Got_Faith]

You're right Laura, a child should have both parents in their life...sadly in today's world, there is so much divorce...I'm not talking about "green-card" related divorce, which we happen to be seeing here at this site, but in general. The odds these days aren't good!

I do wish you well and good luck ..

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Isn't it obvious, that the child should have both parents by his side in order to grow physically and emotionally stable, and that the absence of one of the child's parents will have a permanent affect on his future life and relationship with others? Why this factor cannot be considered as the most important one? </div></BLOCKQUOTE>

[mikeusanc]

Is it a requirement for all who seek the I601 waiver to do so outside of US. I am a US citizen by birth and my wife is Russian, now out of status. We have a 22 month old son who is Autistic. We have already started the process of requesting adjustment and National Visa Center is awaiting our response on choice of country, Russia or Ukraine. We are in the midst of our sixth month of intervention treatment for our son's autism and know the treatment resource is not available in Russia.
I cannot imagine my son being separated from his mother and it would cause severe stress that would not only reverse the treatment progress we have made thus far but certainly cause possible irreversible regression in his condition.

Thank you for any updates that can be provided.
MikeNC-USA

[ProudUSC]

Hi Mikeusanc,

I'm sorry about your situation. How did your wife become out of status? I really like to be sympathetic on these type of situations. But I have to ask, did you guys do everything you could to bring her into a legal status? I truly hope your son keeps getting the required care he needs to improve.

[RationalE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Is it a requirement for all who seek the I601 waiver to do so outside of US. I am a US citizen by birth and my wife is Russian, now out of status. </div></BLOCKQUOTE>

No, since you are a USC it's not a requirement (assuming she is just an overstay and not subject to certain other statutes of inadmissibility. She could simply have her status adjusted in US if you petitioned for her as immediate relative).



<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">We have a 22 month old son who is Autistic. We have already started the process of requesting adjustment and National Visa Center is awaiting our response on choice of country, Russia or Ukraine. We are in the midst of our sixth month of intervention treatment for our son's autism and know the treatment resource is not available in Russia.
I cannot imagine my son being separated from his mother and it would cause severe stress that would not only reverse the treatment progress we have made thus far but certainly cause possible irreversible regression in his condition.
Thank you for any updates that can be provided.
MikeNC-USA </div></BLOCKQUOTE>

If she was out of US ,or otherwise required to go through Consular processing, your son's medical condition would somewhat strengthen her claim if you were unable to take care of him.

Disclaimer: This is not a legal advice. I am not an attorney. Consult one if you need.

Good luck

[mikeusanc]

Thanks to all for the reply. Have some details from posts a couple of years ago but in short my wife had a K1 visa to another man and they did not marry but she did not return to Russia. We met several months after her visa expired. The immigration attorney we consulted at the time advised that she should remain in US and as you mentioned we should adjust status in US. We did get I130 approval though that took over a year but then USCIS would not approve status adjustment. Had us file I864 which was approved and now NVC is waiting our decision on which foreign consulate to adjust from.

So as you have stated overstays do not always require out of country adjustment but apparently the K1 category does due to the number of fraudulent marriages. No exceptions though we keep looking for one.

By the way we are not spring chickens, I am 54, wife 46. We have been married sinc Feb 2001, son came along in Sept 2005. Great surprise, great blessing, unfortunate development with Autism, but we have hope of improving the condition with intense therapy, diet etc but it is necessary to stay the course.

That is the dilema at this point, how we can do that in Russia; cannot see my son for an extended period of time without both parents as it takes both of us almost full time at present for his care.

Obviously we have been pursuing this quite a while even before birth of son. Got sidetracked with pregnancy, birth and last 22 mos but trying to pick up from here.

Appears the follow through on I864, adjust throuh US Consulate in Russia and I601 waiver remain our options.

Would like to hear any ideas, suggestions, further advice. Any experience with the amount of time it take for this process, 6 weeks, 6 months, 6 years. Has been a slow process for us thus far.

Thanks very much.

[RationalE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Thanks to all for the reply. Have some details from posts a couple of years ago but in short my wife had a K1 visa to another man and they did not marry but she did not return to Russia. We met several months after her visa expired. The immigration attorney we consulted at the time advised that she should remain in US and as you mentioned we should adjust status in US. </div></BLOCKQUOTE>

K-I overstays who came to US under that classification and never married are inadmissible on the grounds that make it impossible to adjust one's status, plain and simple. No exceptions to that rule.
She may also incure permanent bar, if it appears that she engaged in fraud/misrepresentation when accepting K-1 to come to US.

[mikeusanc]

Thank you for the response. I think we have strong evidence there was no fraudulent intent.