View Full Version : No kids, no medical problems?
rebekita
03-19-2008, 09:43 AM
Greetings to all Im2us.... I am searching for some hope....
Has anyone gotten a K1 or K3 with I-601 and I-212 waivers approved WITHOUT having children or severe medical problems? Possibily with a criminal charge/conviction? Or with multiple EWIs?
And are there others in our situation currently applying? The forum is large, I am new, and sooo thankful for the support and information!
kenaly
03-19-2008, 11:43 AM
My hubbys I-601 for CIMT was approved and we do not have kids and the medical issues I used were for my mother since I am her caregiver.
profesora
03-19-2008, 02:55 PM
there is no waiver for multiple EWIs for 10 years.
the other stuff, well, we don't have kids. i do have a couple of medical issues, but not as serious as some people. try reading the approved HSL section, it will give you some ideas.
Jardinera
03-19-2008, 03:50 PM
Well, careful when you say "multiple EWIs." The specifics -- when he entered, when he left and when he entered again really matter.
If he attempted to enter the U.S., was caught and thrown back into Mexico, then attempted again and made it is what you are calling "multiple EWIs," that is waiverable, however, Rebekita, if he entered the U.S. in 2000, stayed for four years, left, then EWI again in 2005 - no waiver for that for 10 years, as Jsierra said.
As far as the other stuff, there are lots of people who have been approved through Mexico for I-601s (and at least a couple who needed an I-212 as well) with no kids and no serious medical conditions. What sort of criminal issues are you talking about? That can definitely complicate matters.
profesora
03-19-2008, 05:40 PM
very true--i always forget to clarify about the catch and release part and the staying less than a year part.
MMGCA
03-19-2008, 05:43 PM
best of luck to you and your hubby!!
byteme1029
03-19-2008, 06:07 PM
I am (was) in the same boat as you, no kids and no major medical problems. Unfortunately, we were not approved at the waiver hsl interview, not denied either, but need to supply additional extreme hardship evidence. I would strongly suggest you get an immigration attorney so he/she can give the greatest chance of approval (especially if there are multiple EWIs involved) at the first hsl waiver interview, or else you will be backlogged like some of us here. You can probably do it on your own if you have pretty good writing skills and great evidence.
jessfs8
03-19-2008, 06:47 PM
You don't have to have kids or medical problems to get approved, there a lot of other things that can be used. Parents that you care for, your career, if you have any student loans or a house you make payments on,crime rate,salaries and healthcare where your husband is from and many othe things you can use. Go check the hsl that other members have written and you will see that some of the members here have been approved without any of these and some members even with kids have been backlogged, as long as you have the supporting evidence to prove that what you are writting is true.
rebekita
03-20-2008, 07:03 AM
Thank you all for your support and advice. I just got my fiance's immigration papers released to me. So now things are a little clearer. 2003 EWI via MX through US into Canada (90% sure we can get evidence he was in US for less than 1 month). Deported from CN 2005. EWI via MX into US in 2006. (But paperwork only states EWI in 2003! Never states how got back in after CN deport). Picked up by ICE 2008. So EWI paperwork states 212a (6)(A)(i). What do you think?!
As for HSL I already have about $40 thou in student loans and just started my Masters in nursing. But I have read that loans are normal hardship. So I can include wages for Honduran nurses, but I cannot get those jobs bc I am not native spanish speaker! He was going to support me through school as working the first quarters is prohibited. But I do not know how to prove he would have been my primary support, as we had not moved in together yet. Can I use his pay stubs or W2? A major HS in my mind is that there was a 'hit' on his family. Thats why he left. I can get documented police evidence of multiple murdered family members. But that supports why I am terrified to move there and have kids there. Does HS need to be affecting me more here? My father and grampas biggest fear is that i move there, get pregnant, they never see me and/or our kids get kidnapped/killed. As for taking care of family, mine is healthy so not getting HS there. Grandpa has cancer, pacemaker and getting more surgery this yr, but I am not caregiver. But it would kill him if I moved down there. I have had mono and meningitis, which make future more susceptible to future illness, but not enough HS I feel.
Also, he will have some type of a criminal charge, it is currently pending. Public defender said he could get a rehab program but since he cannot leave jail bc im hold that is not an option. PD said he will work to get best for future visa application. I found drug rehab programs in Honduras that maybe he could work/volunteer at to show repentance.
I have read many many of the HSL on Im2us! I think it is the plethora of medical HS that worries me. How would getting an attorney assist with getting I-601 and I-212 approved on 1st try? Because of editing HSL or getting good arguments or bc criminal charge? Right now just dont have funds to get a lawyer, hard enough to pay rent! Sorry to ramble but reading his im paperwork has reignited the hope I lost earlier today. I will start my HS out of hope and not bore you with my brainstorming :) Thank you again and again for honest answers.....
corazoncita
03-20-2008, 07:42 AM
rebekita~
How did you get your fiance's immigration papers? I realllly want to see my hubby's immigration papers, because they are TOTALLY wrong. They say he "allegedly" entered the US in or around April of 2000, when I can prove that he was only 17 and in the Honduran military. He was also a police officer for a couple years after he got out of the army... he actually entered in February of 2003.
Also, did the judge state why your amor got mandatory deportation? What was the exact charge regarding the car accident? My husband had a felony count of "failure to stop for accident," and a misdimeanor count of "hit & run." (and yes, I told him over and OVER again that this would happen, but he thought he was invincible and now he has LEARNED!) These charges are not considered aggrivated felonies...
I wonder if they gave him a mandatory deportation because of the multiple entries. I have read your story and it really hits close to home. I am praying for you!!!
I know you can reach deep down and grab some hardships... have you read about all the conditions in Honduras? I am TERRIBLY frightened to even VISIT there... You would always be a target for crime because of your nationality, there are HUGE gang problems (just talk to rkzal... it's tragic), there are all kinds of diseases, you cand forget a career as a nurse because there are only 2 (YES, 2!!) hospitals in all of Honduras. All you have to do is go to the website for the US Embassy in Tegucigalpa... just read the advisories for the travelers. Heck, you can even read about specific crimes that have happened to employees and staff of the embassies and consulates. The murder rate there is one of the highest in the world... aside from Haiti, Honduras is the most destitute country in the Western Hemisphere... it is also the hungriest country in the Western Hemisphere. The corruption level in Honduras can be likened to that of Pakistan or any 3rd world country in Africa... there are constantly scams with wealthy criminals involving organized crime. Police and policiticians are always involved in these scandals, and once they are exposed by media, journalists mysteriously die. I'm sure you've heard the devastating hurricane stories... Mitch wiped out entire towns, and cause BILLIONS of dollars in damage to Honduras. Would YOU wanna be caught up in that? It's a constant threat there, you know... in fact, just last fall there was a category 5 hurricane headed for the norhtern shore. GRACIAS A DIOS-- it significantly lessened in strength before hitting the coast. Lets see... what else? You can't travel after dark in Honduras because of the potholes and mudslides, and because of the robbers and motorcycle theives. If you ask some women on the Honduras thread, they will tell you that their in-laws would sit on the porch with guns while the American used the outhouse (that is if your family is LUCKY enough to have an outhouse... my husband's family has to poop under a tree) to make sure than no one robbed or raped their gringa relative.
Honduras is a beautiful country, and your relatives will protect you... but the threats are REAL. I could go on and on and on... are you getting any ideas for your hardship letter yet?
rebekita
03-20-2008, 08:50 AM
Thank you Corazoncita!!!
Mi Amor's papers are more or less correct and say what he told them (more or less). He crashed him car, stopped (would have been better to hit and run!?)bystander called cops bc was on busy road. There was a controlled substance (felony) of his friends in his car (he did not recall it was there, has never used drugs), and that was charge they picked him up on. Cops took him to some type of court after 48 hours where they told him to plead no contest/guilty bc he had no case. There was no public defender. Cops held him 100 hours (72 is legal) til ICE came. From there sent him to detention center, where rascist guard accused him of assault 48 hours before his Master Hearing. 40+ detainees witnessed said incident, which he was informed of when being served papers (in English) hours later, with no explanation in spanish! They sent him to isolation and told him he could call witness (40+!), but had to name first and last names, who know last names?!therefore 40+ = 0! Detention center judge gave him 10 days isolation, and he showed up at MH in shackles. He even asked judge if he could speak, and he said NO! and shushed him. This is why we think he got mandatory :( I could not get enough money for a lawyer beforehand :( I know that was longwinded, but man every bad thing that could happen has happened to us! And the controlled substance is still pending....
Thanks you for your encouragement with the hardship! I know there is tons. His family even lost their farm to Mitch. I cannot imagine living in a village with a population of 500! I was trying to divide it into HS I would experience in US without him VS what I would experience in Honduras. But it is so intertwined.
And Corazoncita...this is a complete aside from a long ago post of yours about being afraid of how his family would treat you if you were overweight. In my experience they will love you because:
1-you are the mother of their beautiful grandaughter/neice
2-you must love their son a tremendous amount to work so hard to be with him
3-you want to meet them, that is why you are there
4-they are scared to meet you: afraid that their house is not nice enough, that there is no normal bathroom, that nothing will be up to your standards. (make sure to photo document things that are HSL worthy)
5-they will try to make you happy with food/etc. all you have to do is try it (dont need to ask what it is), and if dont like it, quietly give it to your husband
6-if your spanish is not amazing they will still be thankful that you are trying because it is highly doubtful that they will speak any english. if nothing less you are amusing. asking names of fruits/veggies assumes me bc they change from country to country
7-always always offer to help his mama/tias/hermanas/primas cook (maybe not the first few days). this is a way for them to get to know you in a setting in which they know they are experts. it shows you are interested in their culture and can make honduran meals for your husband (i did not do this at first bc i thought they did not want me to help, but it turns out i was supposed to make the first move)
8-bring tiny inexpensive gifts. perfume, eyeshadow, hair clips. they will be greatly appreciated
9-if they do not call you Tia it is okay. they will not be disrespectful, but need to get used to you.
10-beauty comes in all sizes and colors, not all hondurenas are skinny minny
corazoncita
03-20-2008, 08:55 AM
Oh sorry... I just read the above post.:blush: It seems you are already aware of the tragic murders that occur in Honduras. I am very sorry to hear about your fiance's family! Sadly, there are far too many people from the Honduras thread who are familiar with friends and family being murdered. I would think that would be a HUGE hardship to any adjudicator...
corazoncita
03-20-2008, 09:21 AM
Wow! Thanks for all of the advice! I really enjoyed reading that!! :) I definitely will offer to help cook... I am DYING to know how to make a good tortilla. Hubby doesn't know a single thing about cooking-- well, except eggs. He can make eggs... lol, but that's it! I really can't wait to watch his mama cook. I know his family is wonderful... Christians with good hearts... very humble people. I can't imagine that any of the older ones will hate me... the teenagers (nieces & nephews) and townspeople are what scare me the most, I guess. I don't know how or why my husband would be embarrased of his home... I will love him REGARDLESS of his family's living conditions. I married him KNOWING he didn't get his first pair of shoes until he was 13. I mean, look at all the trouble he has gotten into, and I am still working so hard to keep our family together. It just seems that my husband would know that something so petty as money and material belongings could never keep me from loving him and his family.
I am so sorry to hear about the unfortunate chain of events that happened to your fiance! I cried reading all of that, and it saddens me that there is so much corruption HERE in the US when it comes to undocumented immigrants. I mean, they technically have no rights, so judges/police/etc. are allowed to walk all over them, and treat them with utter disrespect. I think it's shameful, and it embarasses me when other Americans can display such bigotry. I know exactly what you are talking about--- in fact, the night of our (me & my husband's) first date, everyone in my husband's apartment was arrested for "sexual assault." They were lucky enough to have a lawyer for this, and charges were dropped after the investigation proved the allegations were false. They were held in jail for MONTHS (the bond was like a million dollars cash or something) before being released. We both talk about how God was watching out for my husband that night, because if he hadn't been out to dinner and dancing with me, he would have been arrested too-- I mean, he was the perfect color and everything! Those boys got arrested SO many times, when they hadn't done a thing to disturb the peace. My husband has like 3 charges for "public disorderly conduct." I guess public disorderly conduct in South Carolina means you can't be walking down a public street at any hour if you are not white.
rebekita
03-26-2008, 06:29 PM
OMG Corazoncita! You and your hubby have been through alot! But that is all evidence as to why you will get through all of this. After reading about the reasons behind his love of shoes I will never hassle my fiance that he doesnt need all his shoes (more than I have!)
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