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  • Guest's Avatar
    Guest replied
    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!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Good luck

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Oh yeah, as a graduate student I do not meet the financial requirements, however my father has agreed to sponsor my husband.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:

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