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  • spousal hardship

    Ok, so I fell in love with an illegal immigrant. He was sent back and given a five year bar on re-entry to the USA. We married shortly after he was sent back.

    We have now been married for over a year and he's still out of the country. Granted some of that was just bad luck, but now we are being told that there is only a 10% chance that he will be allowed back in the country before the five years has ended.

    The only possiblity we have is that, as an US citizen, I have to prove that it is a hardship to me. I guess the INS wants me to indicate that I cannot move to his country (which I really can't) and that it is difficult for me to be away from him (duh!).

    I understand it is all a crazy waiting game, and that I need to develop my patience skills, but sometimes I get so tired... I guess I just want to know if there is anyone out there that has a similar situation

    (or if anyone can offer advice as to what information we need to put in the paperwork, that would be great too)

  • #2
    Ok, so I fell in love with an illegal immigrant. He was sent back and given a five year bar on re-entry to the USA. We married shortly after he was sent back.

    We have now been married for over a year and he's still out of the country. Granted some of that was just bad luck, but now we are being told that there is only a 10% chance that he will be allowed back in the country before the five years has ended.

    The only possiblity we have is that, as an US citizen, I have to prove that it is a hardship to me. I guess the INS wants me to indicate that I cannot move to his country (which I really can't) and that it is difficult for me to be away from him (duh!).

    I understand it is all a crazy waiting game, and that I need to develop my patience skills, but sometimes I get so tired... I guess I just want to know if there is anyone out there that has a similar situation

    (or if anyone can offer advice as to what information we need to put in the paperwork, that would be great too)

    Comment


    • #3
      I think your marriage is a fraud and so will anyone that looks at your case.

      Comment


      • #4
        THINK FOR YOURSELF

        **** *** *** ***

        HA HA HA

        Comment


        • #5
          I truly feel for you. You obviously have difficulty communicating with people and most likely have problems in your own love life.

          May I suggest that you get out into the real world and meet living people. Say hi and then shut up. If you observe for long enough you may figure out how people make friends and fall in love.

          In fact you may realize a lot of things about yourself.

          Good luck!!

          For everyone else, I am still here and would love to chat with you.

          Comment


          • #6
            Join us in our fight for family unification. JuJu needs your story. Contact her.

            -Leader

            Comment


            • #7
              Thanks for your help!! I would be happy to help her and glad to have someone with whom I can share my story.

              Comment


              • #8
                Spouse,
                We are compiling stories to bring to the public and our representatives in an effort to put a face and some heart behind many of these harsh laws. Please email me, in as much detail as possible, at juju@deliveryman.com Also, go to ACLU.com, click on immigration, and from there you can find your reps, view their voting records, and send them faxes and emails regarding these issues.

                For right now, you need to know how to get your husband back. You need to find out if you can get the extreme hardship waiver, or the extraordinarily unusual and extreme hardship waiver (or something like that). As you can guess, the latter is MUCh harder to obtain (virtually impossible, I hear), than the former, but from what I can gather, there are different waivers for different circumstances.

                Also, it is very likely that he could obtain a temporary visitor, work, or student visa, as it need not be proven that there is a compelling reason to return to the US. Only that he is not a security threat, and that he has a residence outside of the U.S. and fully intends to return there after his visit here. Last I heard, the maximum temporary visa was six months, with possible six-month extension. However, Bush and his croneys are trying to reduce this to a 3-month visa, with no extension. I don't think that one's gone through. Anyone heard any news about it?

                Please try to ignore tb at all costs (I hate to even type this, because I know that even seeing me type his alias here is getting him excited), as he is a plague on our little home here, and will be as vile and vulgar as possible just to see someone type "tb". Really, he has nothing better to do than to try to hurt people and must be ignored. I know how tempting it is, though!!!!

                Comment


                • #9
                  Regrettably your husband will likely find it difficult if not impossible to get a visitor's visa. First, it sounds like he is inadmissable for five years, which means he would need the attorney general's permission to reenter the US and second, your husband would have to convince the embassy in his country that he would depart the US at the end of a visit - and this may be a tough thing to do if he has broken US immigration law before.
                  You might also explore something called "humanitarian parole" - if granted, it would allow a visit of a limited duration (up to the dept of Justice to decide) and in effect, enforce his departure after the allowed time (or face penalties of a very serious nature along with deportation, etc). Humanitarian parole has to be applied for through the INS/Dept of Justice.
                  I belive there is a fee for applying - something like $100 or so.

                  Comment


                  • #10
                    Hi. I don't have a lot of time to write at the moment, but I wanted to thank you all so much for the helpful advice and support. I will definitely send you my story Juju.... and I will look into my possibilities re: returning my husband to the USA (even if it is just for a little while.

                    Thanks again!

                    Comment


                    • #11
                      Hi,

                      I understand fully what you are going through. I am curious, what forms did you file? I-130? I-129F for a k3 visa? Did you get an interview? Also, who told you your chance for a waiver is 10%?

                      I'm curious cause my wife was illegal when she left the country, now we are waiting for our k3 visa/interview...if i get that far...
                      r

                      Comment


                      • #12
                        I truly hope this helps

                        If I was in your shoes I would get an Immigration Lawyer ASAP. US Immigration are difficult too deal with in this type of situation.
                        If you cannot afford a Lawyer approach the Catholic Church in your State, they sometimes help Families with US Immigration Problems.
                        The following Immigration Forms may be useful too you.
                        The I-690 Application for Waiver on grounds of excludabilty under section 245A or 210 of the immigration & nationality act.
                        Purpose of form:
                        Individuals who are inadmissable to the United States but have applied for legal residency under section 245A of the immigration & nationality act, May request a waiver of the grounds of excludability for humaniterian family unity or national interest reasons.
                        Where to file: The INS office with jurisdiction over your place of residency.
                        Filling fee $35.00

                        http://www.ins.usdoj.gov/grahics/forms/i-690.htm

                        Comment


                        • #13
                          I have same situation but I never went back.I was not illigal but overstayed.
                          I was checking with the lawyers and the sites.
                          your spouse was bared for five years because of deportation. you should file two formsI-212 and I-246. one for waiver for deportation. and other one is for re entry. this forms has to be filed in the consulate and basis will be hard ship and the Spouse of USC .it will take one year to get these waivers. In the mean time in your end you should file I-130 too. and keep the receipt ,you will need it later. when I-212 and I-246 is aproved then only he will be able to get any kind of visa and he will be back within one year.
                          you only have to show the I-130 filled not aproval. I hope I answer your question.
                          good luck.

                          Comment


                          • #14
                            Hi. Well to give a little detail to my story. My husband and I left the country together so that I could meet his family before we married. At the time we had been too afraid to go to an attorney and really didn't understand the situation (in fact our trip was before the April 30, 2001 deadline for marriage). So, we left of our own volition. My husband had formerly had a multiple entry visa, and attempted to re-enter the country as a tourist using that visa. (We had thought that we could marry while he was here as a tourist)

                            It was at this point that he was detained and sent back, meaning that he was never officially deported, just "sent back." This is part of the reason that there is only a five year bar instead of a 10 year bar.

                            We obtained a lawyer, who helped us to obtain approval of our marriage (we were married in my husband's country because he was no longer allowed in the USA to our understanding.) From this point we were informed that we would only have to file one waiver (although one lawyer that I don't trust very much seemed to think we had to file two).

                            Unfortunately, while preparing our case our lawyer was diagnosed with cancer and passed away. This unfortunately left our case in a ocmplete disarray and has delayed us over a year for various reasons.

                            We spoke to one of the best immigration lawyers in the DC area and were informed that there was a chance in a hundred that our case would be approved if we were to sumbit it as it was, and if she were to take our case she would charge us a minimum of $10,000 to re-do the case, but that even then there would only be a one in ten chance (10% chance) that we would be approved for the waiver. She was also currently unsure of the policy in my husband's country regarding appeals.

                            Unfortunately, we do not have the money to risk on a 10% chance of success, so we have decided to do it ourselves, along with the help of my parents.

                            We understand that my husband will have to schedule an interview at the embassy and at that time he should bring all of the materials that we have previously prepared. From what we have gathered from various meetings with lawyers, etc. It will be a perfunctory meeting with few questions asked, and primarily a date to present them with our materials (explaining why this is a hardship to me)
                            which will do most of the talking.

                            Comment


                            • #15
                              Thanks for the details. Your husband was send back with no expenses to the INS , it still called deported. thats why he has 5 years bar. it can be any time period between 3/10 years. it will be hard to prove that you are entered in marriage in good faith as you don't have any child I presume.and marriage is even two years old, As I said first thing is to File the I-130 which you can do it from here. don't let him go for interview without filling I-130. it will be better if I-485 is also filled in the same time.
                              I suggest your husband should file waiver forms and wait for the outcome thats is the only way. He has to get waiver to enter in the US. I wonder how you prove the hardship? remember you love your husband they (INS) don't.
                              He was here just for short time. he might have all his relatives in his country. and yours? only point is you , you cannot adjust the life style in other country. all other point are against you. (Example: you are USC and live most part of your life here (if you are USC). he was here short time so he did not accumulate wealth.I dont know your status regarding powerty line if it met the 125% or not.you guys have no dependents which will face hard ship without male figure in his life). Your relatives will be in US which will be -ve too.) think about the base of your aproval.
                              I advise just file the forms and then see what else can be done.

                              Comment

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