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navywife03
03-04-2008, 03:24 PM
Case number: CDJXXXXXXXX
Principal Applicant Name: navywife03
Petitioner: navywife03 husband
Application for Waiver of Grounds of inadmissibility (I-601)
Claim of Extreme Hardships for U.S. Citizen Military Spouse
April 18, 2008

To whom our matter may concern,

My name is Petty Officer Third Class Airwarfarenavywife03 husband. I am a U.S. citizen and an Active Duty member in the United States Navy (Evidence A). I am writing to you in regards to the I-601 petition that I am filing for my wife Mrs.Navywife03 . I am happily married to my wife and am urging your approval of the Waiver of Grounds of Inadmissibility so that my wife may once again be with me here in the United States. I cannot begin to explain the amount of hardship I would endure if her return would be delayed, or worse, denied. Navywife03 was sent to the United States at the age of 5 involuntarily. We understand that her continued presence here has been unlawful, but we seek a fair chance at her becoming legal and being able to do so immediately. It is with true feelings that we ask for forgiveness for her unlawful status. There are many reasons this ten year ban from the United States implemented on my wife would be an extreme hardship on me. I am active duty military.

I cannot fathom or even begin to envision the chance of losing her, nor can I imagine the extreme hardship it would cost me to see her having to relocate by herself to a country to which due to my active duty status I cannot follow. As an active duty Sailor there is no possible legal way for me to relocate from the base I am stationed in, let alone out of the country. I humbly ask that you consider our evidence of hardship and approve our waiver to allow Mrs. Navywife03 to immigrate to the United States. I wish for us to be together and hopefully soon be able to fulfill our dream of buying a home and starting a family, and be able to live the American dream. Below I have listed the extreme hardships that will be caused to me if Mrs. Navywife03 is denied admission back into the United States. I am going to explain my reasons and present evidence of these in hopes that you will appreciate the level of seriousness that each reason holds.

Family History
Patty (what i call her) and i met our freshman year in high school thru a program known as ROTC. I didnt know it from looking at her, that she would someday be the love of my life and end up being my wife. I didnt really take much interest in her, relationship wise, until our Junior year in high school. I was oblivious to the fact that she had a crush on me ever since the first time we met during our summer orientation into the ROTC program. I was the last to know, you could say.


We decided to put off having a baby since we might be separated because of Mrs. Navywife03 immigration status. We did this entire immigration process on our own, without a lawyer and with only the support of our families. As our case advanced, we began getting more informed on what the next steps were. We soon realized what problems we were about to encounter in order to get her legal status resolved, including having to get our waiver approved. As a result we've been patiently waiting to expand our family.



Extreme Hardship to Military Career

Since I am an active duty Salior, there is currently no legal way of me being able to relocate to Mexico with Mrs. Navywife03. If I were to have to relocate with her today, I would immediately be breaking the law set forth by the Uniform Code of Military Justice Article 85(evidence E). If I choose to stay here in the United States, I’d loose my soul mate, my support, my fortitude, my wife. The person that has seen me through the toughest moments in my life and the one that keeps me going when I feel I should give up.
I currently work on EA-6B Prowler Jet Engines at NAS Whidbey Island in Oak Harbor, Washington. I have been active duty enlisted since September 2003 and have made the US Navy my career (Evidence ). The Navy has proven to be a rewarding career, both personally and financially. Since being in the military for a little over 4 years now, i have deployed three times, each one becoming easier than the last, thanks to the love and support of my wife, Mrs. Navywife03 I have been to the Gulf twice, Iraq, and Japan. I have helped support operations on both OEF and OIF. Since 2003, not only have the number of overseas assignments to Afghanistan and Iraq increased, but the number of volunteers has drastically fallen.I cannot and would not decline such orders should they be given to me. I am committed to my career and with my enlistment. I understand that it is my duty to serve my country. According to Navy studies, being deployed in hostile places like Afghanistan and Iraq requires a lot of support and contact with family in order to maintain mental health stability (Evidence I&C). It would be an extreme hardship on me if I am deployed to such a hostile place and are unable to be communicate with Mrs. Navywife03 . It is hard enough to get a connection to the States, let alone a country such as Mexico. I’m a Petty Officer Third Class in the United States Navy and being a Non Commissioned Officer carries great responsibility. We are considered to be the backbone of our organization, we lead from the front and we lead by example (Evidence L). I trust any of my fellow shipmates with my life and know that they would do the same with me. Should I not be in a full mental capacity due to the seperation with my wife I won’t be able to lead my shipmates with my full potential.
Should Mrs.navywife03 be banned and I choose to join her in Mexico, I would do so against the Uniform Code of Military Justice. Article 85 of the UCMJ states that an active duty military member who is gone more than 30 days of unauthorized leave, has remained in a foreign country and has taken any kind of resident permit in that country will be classified a deserter. A deserter is also a person who without authority, goes or remains absent from their unit with intent to remain away from there permanently. Unfortunately, if I make the choice of moving with my wife to Mexico, I would be breaking my contract with the United States Navy. Many adverse outcomes would come out of this choice. Upon my return to the United States, I would immediately be detained and be subject to a court martial in which the punishment for desertion during a time of war can be the death penalty. My outstanding military career (Evidence N) would undoubtedly end and I would never be able to continue in something I have accomplished so much in. The choice to be with my wife would cause my career and I to suffer extreme hardship. The title of deserter would forever follow me and a felony charge would be placed on my record. I cannot tell the US Navy to move me from Washington and station me in Mexico. In the US Navy it just doesn’t work that way.

Safety Considerations

Knowing that Mexico has a high crime rate and a high rate of kidnappings creates much concern for me. If I were to relocate to Mexico, I would suffer constant worry over mine and my wife’s safety. The U.S. consular sheet (Evidence O) states that kidnappings in Mexico continue at an alarming rate, U.S. citizens as I am, are prime targets for robbery and kidnapping. It would be very stressful living in a country knowing that I am a prime target for such a common crime. It causes me great agony knowing that my wife and I could be exposed to such unsafe environment should we relocate to Mexico. We wont comfortably be able to do many things to fulfill our daily needs.

The department of State notes that car robbery is very common and often violent in Mexico. I know we won’t be safe taking public transportation either because the U.S. Department of State also warns U.S. Citizens not to take public transportation which would take away both of our possibilities for comfortably commuting around. It is also stated that several U.S. Citizens have even died while in police custody. One cannot even feel safe when the police are around. The constant fear for my life would even include police officers should I ever be detained.

Health Considerations

I am currently in a stable health condition and it’s because of my wife that I am able to stay that way. Physical fitness is paramount in the United States Navy. We are required to take two physical fitness tests per year (Evidence P) at which time we are also evaluated on our height/weight standard. My wife is a key component in helping me pass these two evaluations with flying colors. Our height/weight standards in the United States Navy are strictly enforced and anybody not being able to make it within the standards will be directed to attend an alternate physical training which is led by our Physical fitness Officer. This program requires you to do rigid physical training so that you may return to the standards of physical fitness the US Navy is well known for. During the first couple of years of my enlistment I would always do a crash diet right before the time I was suppose to take a PFT, this was an effective way to pass my requirements but not a healthy one. Mrs. Navywife03 healthy ways are now part of my life and a healthy dose of nutritional eating combined with the right exercise give me the freedom of not having to worry about making any of the standards which are required of me; since not attaining these would definitely put a setback in my career and would prevent me from obtaining the rank of Petty Officer Second Class. Should my wife not be here with me I am worried that my current healthy eating habits might go out the door since I don’t believe I have the healthy cooking expertise she possesses. This will cause me to be in a stressful situation when it comes to taking both of my semi annual physical fitness tests.
It is imperative that I maintain my mental health as there exist many things which would be affected should I am not able to operate at 100% of my mental capacity. Research at the National Institute of Mental Health (Evidence Q) indicates that at least six million men in the United States suffer from a depressive disorder every year. Some of the causes which they say create this out of balance in the neurotransmitter chemicals which the brain uses to communicate include: Trauma, loss of a loved one, a difficult relationship, a financial problem, or any stressful change in life patterns. It is believed that any of the above reasons may trigger a depressive episode in vulnerable individuals. Their research states that men may turn to alcohol or drugs when they are depressed or become frustrated, discouraged, angry, and irritable. I don’t know what the effect will be on my mental stability should my wife not be allowed to be reunited with me but after researching depression at the National Institute of Mental Health I believe that having her taken away from me will surely make me vulnerable to depression. Some of the consequences of depression stated in the research make me worry as they could potentially put my career and my life at risk. Recurring to some of the things that the research indicates men turn to in the face of depression like drugs and alcohol is something that would have an irreparable effect on my military career. Not allowing my wife to return to the United States could very well put me in a category as an individual vulnerable to depression.

Family Ties

My family currently resides in Victoria, Texas which is about 2500 miles away from Washington. It would cause me great grief to have to leave them behind and not be able to be in touch with them on a daily basis, if I were to move to Mexico to be with Mrs. Navywife03. If I were to relocate to Mexico our communication would be severely damaged as it is expensive to communicate to other countries(Evidence ).
As any mother would be my mother is constantly worried about me, knowing that I am a service member and could be deployed to a combat zone at any moment gives her reason to feel that way; but our constant communication keeps her in peace knowing that I am currently in a safe place. If I have to relocate to Mexico my mother will no longer have the peace of mind that I am in a safe place. Mexico’s high crime rate as I mentioned before would be something that she would constantly have to worry about.
Family is an important part of any individual’s life, my family is more then an important part of my life, along with my wife they play a vital role in helping me whenever there is a situation in which I need their support. My family has been with us throughout this whole process and they are praying that it can be resolved soon. The hardships which my family and I will endure if navywife03 is not allowed to return can be devastating. I cannot envision my life being so out of touch with the people who I love as much as I love my wife.
Financial Hardships

Being a U.S. Citizen would cause me problems trying to find a job legally in Mexico. Being in the military for the last five years I believe that it would take some time for me to acclimate if I were to make the transition into the U.S. civilian employment system at this moment in time, but I don’t believe I would find it very comforting having to transition to the employment system of a culture I am not familiar with. I do not speak Spanish and do not know any other professional jobs other than fixing jet components. The EA-6B aircraft is not a jet that I can work on in Mexico and since english is my first language, it would be extremely difficult trying to accommodate to the culture shock which having to move to Mexico would cause on me.
As I mentioned before, the US Navy has provided me many opportunities. The current life style we enjoy is not a luxurious one by any means but it is comfortable and allows us to handle our daily needs. My monthly salary is currently $3244 (Evidence T) however my bills which include: Rent, Car Payment, 2 credit cards, groceries, car insurance, kay jewelers, direct tv, phone, 3 loans and Gasoline come to a total of $2329 (Evidence U) This means that we have roughly about $915 per month for miscellaneous expenses. I am currently working on getting promoted to the rank of Petty Officer Second Class; this means that I would receive a slightly bigger paycheck. We don’t have much money left over for miscellaneous expenses like dinner and a movie but we are able to handle it. Wikipidia shows that the mean annual income in Mexico is $10,800. My basic pay along with my housing allowance means that I am currently making roughly about $39,000 a year
As I am the only source of income for our household adjusting Mrs. Navywife03 immigration status has been financially stressful on me. I’ve spent hundreds and hundreds of dollars at a time to pay the immigration fees, NVC fees, and Visa fees. Having good financial management along with the moderate income I receive from my military service we have been able to make it through with our bills, rent, and all of the immigration fees. If my wife has to move to Mexico I would have to worry about having to support her with (clothing, food, and shelter). Please keep in mind that I would have to do this along with covering the expenses which we currently have here in the United States. Due to the fact that Mexico has a underemployment rate of 25% which causes 40% of its population to live below the poverty level (Evidence V) any employment she would obtain wouldn’t be much help as facts indicate it wouldn’t be a good paying job. Another hurdle that I would have to face is the fact that my military pay is based on rank and therefore it’s a fixed pay rate. I would not be able to go up to my boss and request a pay increase in order to meet the new financial requirements I would be facing. My current pay is currently enough to get us by comfortably, I don’t see a foreseeable way in which I would be able to afford supporting both of us when we are located in different countries. Even worse would be the situation if I were to relocate with her as it would be extremely difficult for us to meet our current financial requirements even if we were both to have a job in a country with such a high percentage of underemployment. I am afraid that should any of this occur I will not be able to pay for my financial responsibilities which would have a catastrophic effect on my credit record and eventually lead me to bankruptcy. This would be a hardship which would linger over me for the rest of my life and cause me an immense amount of financial hardship.

Loss of Educational Opportunities

My parents taught me that education is the key to opening the doors for the future. I took that advice to heart and have always tried to excel to the best of my ability when it comes to my education. After high school graduation the United States Navy provided one of the biggest opportunities for me to continue my education and try to obtain a college degree. The US Navy offers 100% tuition assistance up to $4000 a year to its active duty members. Should the opportunity not arise during your active duty time due to deployments or any type of mission responsibilities, the Montgomery GI Bill will pay for your education after you complete your contractual commitments.
There are so many educational opportunities in this country which I will not be able to obtain in Mexico. If I leave the US Navy and relocate to Mexico in an illegal manner I will loose all of the educational/federal benefits granted to me by having served in the United States Navy. I would never have the possibility in Mexico to be able to work full time and still afford to go to school at night as jobs don’t offer that type of opportunity like the US Navy does.
Future Children
Due to my wife’s legal status we have put off having children. It is the dream of any couple to be able to have children, we are no different. We understand however that it is better to resolve the current situation before we decide to bring a human being into the world. I have tried my best to set us up for success for when we decide to embark on the journey of parenthood, even with being the only source of income I have made some sacrifices so that when that time comes we are 100% ready. My current worry right now is the fact that if we were to get pregnant there is a possibility that we would not be able to provide our child with the proper upbringing. If Patricia is not allowed to return to the United States and we decide to have children, the medical coverage to which her and our future children are entitled to through the military will be denied. This could have tremendous repercussion on the health stability of both my wife and our future children.
As a child of an American Citizen my future children will also be American citizens, but it would be a great hardship for them should they have to grow up in a country like Mexico as I would like for them to learn English, U.S. History, and U.S. culture. I would like for them to learn the values and enjoy the freedoms I so proudly serve for, I want them to learn the pledge of allegiance, and learn about the sacrifices Americans made at Pearl Harbor. This is something which cannot be provided to them in Mexico because none of it is relevant to that country. It is the will of every parent to want the best for their children when it comes to values and education and I know that this is something which none of my children will be able to enjoy should they have to grow up in Mexico.

Conclusion
Even before we got married, I knew of navywife03 legal status. I wish that I could make everything better and give us the opportunity to live a normal life, be happy together and start up a family. I never imagined that there would be a possibility of her being ban for ten years. We have taken all of the necessary and legal steps to try to finalize our paperwork and finally get our situation resolved. We are pleased that we are finally at the final face but are very stressed due to the possibility of having to be separated for such a long time. Worrying about my wife will be something that will take priority over almost anything else in my life, because she is my life, my soul mate, the person I love and live for. It is with these final words that I plead with you, please don’t take away the good things in my life. My wife, my family, my career; these are the things which I cherish the most. I beg that you not make me leave my career in an illegal manner, loose touch with my wonderful family, and make me loose the wind beneath my wings. I supplicate that you consider the hardships which will be caused to our relationship and my life in general if my wife is banned from the United States. I believe fully in what this country stands for, I am willing to pay in blood should I ever need to for all of the great things that it has given me. I now implore with you that you allow us to be together, start a family, and be happy. I have poured my soul into this letter and these words all come from my heart. Please allow my wife to come home.
Sincerely,
AD3 (AW)Fabian Briseno
Loving Husband

This was all of our evidence
Evidence A = Proof of Military Service/Citizenship
Evidence B = Proof of Long Distance Relationship (Boot Camp letters)
Evidence C = Proof of Boot Camp Graduation (pics)
Evidence D = Proof of Marriage
Evidence E = Proof of Uniform Code of Military Justice Laws and Regulations Article 85 on Desertion and its consequences
Evidence = Proof of Military Service Extension
Evidence H = Proof of Military Orders to VAQRON-140
Evidence K = Proof of USN Deployment Guide
Evidence L = Proof of NCO Creed
Evidence N = Proof of Military Accomplishments
Evidence O = Proof of Mexico’s Safety Hazards (consular sheet)
Evidence P = Proof of Physical Fitness tests and Height/Weight Requirements
Evidence Q = Proof of Men and Depression Research

Evidence T = Proof of Income
Evidence U = Proof of Bills
Evidence V = Proof of Mexico’s Economic Problems
Evidence C – My friend and former Airman’s testimony about being deployed to Afghanistan and its hardships
Evidence F – United States Navy values, what the United States Navy stands for

navywife03
03-04-2008, 03:25 PM
we are open for any opion guys..

Chapital
03-04-2008, 03:32 PM
Navywife,
I think that your husband's military career is a compelling and somewhat unique argument and you are right to lead with that section. I was not as impressed with the "safety considerations" section. That is pretty standard stuff that is probably best put at the end or left out. I questioned as I read your argument that your husband would be less safe in Mexico than in active deployment. That seems unbelievable to me. Also, you have a good section on financial and career hardship, but no title on that section...I also might put that higher up in the letter....

Laura
03-04-2008, 03:41 PM
Hi Navywife!

I think overall you have done a really good job.

The military section is very good, and great idea to make that the first section. Make sure there is tons of documentation - all the stuff that proves everything he is saying about his status and what would happen were he to move to Mexico with you, etc.

The rest of the sections are weaker but I don't really think they matter as much. Like he obviously doesn't have any strong health issues so I might shorten that section to not overwhelm the adjudicator. I mean, it's nice that you cook him healthy food but losing out on your wife's cooking is really not an extreme hardship. :)

Also, I would take out the section called Family History. They don't need to know how you meet. You also don't need to prove you have a valid relationship with the evidence, just prove the hardship.

Anyway, hopefully some others will comment. Overall I think you have a good start. Make sure to edit and re-edit and have all the evidence well-organized.

Christabel
03-04-2008, 03:47 PM
Navywife, I think it looks good. I would probably reword a few things, though, like when he states "but I don’t believe I would find it very comforting having to transition to the employment system of a culture I am not familiar with." IMO that makes it sound like it would be possible to transition, but just wouldn't be easy. I would change that to make it sound like it is absolutely not an option to work in Mexico.

Also, I would add as much evidence as you can to back up every claim he makes. Is there a document proving that the navy offers 100% tuition assistance? Can you find any papers that tell about how strictly he must adhere to the height/weight requirements? If so I think it would be a good idea to include those.

For the mental health argument, can he get a letter from a psychiatrist? I think the article is a good resource, but having a letter may strengthen the argument some.

Overall though I think it looks good. :) Good luck with everything

navywife03
03-04-2008, 04:10 PM
thanks guys i will forward all your comments to my husband seens it hard for us this month to communicate seens his on the boat on a training in Va,,but thanks alot girls i will try to help him as much as i can seens he is trying to finished the letter before he comes down to mexico.

navywife03
03-04-2008, 04:15 PM
about the tituion he can get some stuff about that where he has that in plus maybe a letter from his brother he is out of the navy already and got help with that to go to college..would tha be something...about the height and weight i think we can resreach that cause i know they can´t be over a precent of overweight if not they are kicking them out...i will see if he can a letter or go to that doc which i kind of doubt it seens its a navy hospital where he has to all his health things...

Laura
03-04-2008, 04:17 PM
I understand about the height and weight. Maybe you should re-word it a little bit then. Write it so that it's clear that without you in the U.S. he will have a difficult time maintaining his health to spec, and he also cannot abandon the navy to be with you in Mexico. Just shorten that section and make it really strongly worded.

navywife03
03-04-2008, 04:25 PM
ok i understand im passing him the comments as we speak and he is trying to fix those little mistakes...

tasksgirl
03-04-2008, 08:33 PM
Another tip is to try and not make it emotional.. like in the beginning. I know it seems like they should but they don't care about that stuff.. they want it really professional but most importantly with evidence..

The military hardship is a very strong one. Just be sure to emphasize that and have the correct evidence...