spousal hardship

one more thing. you might have to prove that your marriage is not shams. you have to have photographs/ freequent visit to husband may be helpfull/ and other proof of evidence/ required/ to get I-130 aproved.

Mohan Thank you so much I have no words to express how much all of this advice means to me.

I will give you a basic run-down of how we are hoping to get hardship for me.

First off, I am a graduate student, and I am just finishing my master's thesis, to leave the country I would have to give up all of my studies and pretty much my future.

Second, my mother has multiple sclerosis in semi advanced stages, she is still able to function by herself, but at any point in time she could need assistance (and being the wonderful but stubborn person she is, she would have a hard time accepting it outside her family.) Last Christmas while I was with my husband in his country, she was in the hospital unsure if she would be able to take care of herself after she left.

Third, I have a pituitary microadnoma which is basically a benign tumor for which I might not be able to get medical treatment abroad (such as reliable MRI's and effective medication)(My husband is from a third world country)

There are a few other points which might prove difficulty, but since (as I understand it financial hardship is not a plea that we can enter) these are the primary points.

One thing I am not particularly worried about is proving our marriage. I love my husband more than life itself, we have bank accounts together (here in the USA) and we have pictures and plane tickets etc. of our time together. WE have been married since June 22 2001 and have seen each other three times since then (not counting the fact that I was with him until August of 2001)

I have seen him five times since he was deported and will see him at least two more time before he goes in for his interview.

In fact I could even accompany him to his interview if it would be beneficial to do so (otherwise I will just wait for him outside the embassy)

I don't really know if any of these things are good enough or not. I am very frustrated by the whole situation, but I am determined not to give up.

Also, I can't remember the form we filed as it was over a year ago (september 4, 2001 was when it was filed), and our lawyer at the time did it, but the US government has approved our marriage already.

Oh yeah, as a graduate student I do not meet the financial requirements, however my father has agreed to sponsor my husband.

Anyone else have any ideas or suggestions that they can offer? I realy am interested in all of your experiences and perspectives.

Thanks to all of you that have responded!

You can try these basis and it will be better idea to go with him for interview, these facts are better to prove hardship. you should have your medical reord and should be attach as a proof when applying for waiver.
As you said INS already aproved your marriage , means lawyer filled the I-130 and it was approved. you should have copy of that. this must be included with the waiver form too.
Good Luck

Hi Mohan. Thank you soo much for your advice. I really appreciate it!!!! I'll try to keep you (and everyone else) up to date.

Good luck

Your best bet is apply I-212 and an immigrant visa concurrently.
I am not sure, if he has crued any illegle time
in US. If not you do not need to worry about
3/10 years bar.

I-212 can be granted; if he has not done any crime + YOUR medical hardships +
marriage in good faith.

a) Please submit police reports when you apply for waivers from all the US localities where your husband has resided.

Very Important! Document in details why
He needs this waiver.


Good Luck!

Unfortunately, he was here illegally and therefore the 3/10 bar is VERY applicable. What is I-212? I assume this would not be a possibility since my husband was here illegally (and in that sense he committed a crime).

Also, I like the idea about getting a police report here in the USA, we already have one from his home country. However, do you know if it is possible to get a police report on him from the states/cities in which he lived, if he never officially resided there (he has no social security number)


Thank you

Hi. Please ignore question "what is I-212..." I just woke up. And to prove this point, I forgot that my husband had committed another crime as part of his illegal stay here. He sent his passport back to his country and paid to have a stamp put into it, indicating that he had re-entered his own country (thereby altering a federal document and making it appear that he had left the USA).

What can I say... he was only 20 at the time, and a bit naive! He followed some not-so-great advice from a family member... and terrible habitual practices from his home country.

We have been told that this is the biggest thing that is against him...

Is there still any hope

I-212 only takes care of deportations.
Do not waive inadmissiblity due to document fraud or illegle stay. I assume I-601 (
waiver for grounds of excludibility)
may take care for both document fraud & 3/10 years of bar.

INS may let him apply document fraud waiver because he is US citizen spouse.
You must consult an attorney to find out proper procedures. I am not familiar how INS handles document frauds.

Good Luck!