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Help with Hardship Waiver whil living in Mexico.

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  • Help with Hardship Waiver whil living in Mexico.

    I have already submitted the I130 and am gathering all the needed paperwork to schedule my appointment in CDJ. I am not too worried on getting that approved since we have been together for over 10 years and have kids together.... but I know that we will need a Hardship Waiver due to our case, but I was wondering if anyone had any additional information or examples of approved extereme hardship letters while the US Citizen is/ has been living in Mexico. My husbands 10 year ban will be up in Aug of 2013, and I have been living here in Mexico for the past 6-7 years.

    Why have I waited so long... Honestly our idea was to wait out the ten year ban// and when we talked to any laywer in the past we were no where prepared to come up with the money for the fees of a lawyer or immigration filing paperwork for the hardship waiver.

    I know that some people have mentioned that proving hardship is ''practically impossible'' if you have decided to move to Mexico... but I have also heard of people who have done it... including the below post from someone from another site.

    Any additional information or example approved letters of us citizens who lived in mexico would be greatly appreciated.


    All credit goes to Los G, from different site.

    While some may see it the way G***girl says, most of the successful lawyers who members of this forum interact with would tell you very enthusiastically that living in Mexico is NOT usually detrimental to your hardship case.

    What the above explanation seems to overlook is the following: In your waiver you have to prove BOTH that you can't live permanently in your spouse's country, AND that you can't live in the US permanently without your spouse. If you forget to prove one of those two, your hardship case is seriously weakened. However, you have to choose one of those two options while processing the waiver. Very few, if any, members on this forum who were living in Mexico with their spouses while processing ended up denied. In my opinion, one reason for this is that when living in Mexico, you have a very up close and personal view of what kinds of hardships there are. It's no longer an argument of "If I were living in Mexico, I would experience ____ and I wouldn't be able to _____." It becomes an argument of "At this point, I am suffering ______ and I am unable to _____." Much stronger argument!

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