edgar
08-13-2007, 04:29 AM
Edited here and there and most importantly I have a summary and conclusion now....I see where it ties all together in the end...lots of work all together.. still less work than many have spent I am sure..:innocent::):cool:
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I (myname) under penalty of perjury, under the laws of the United States, that the foregoing is true and correct.
If my wife xxxxx is not admitted to the United States I would suffer severe and extreme hardship for many reasons. My wife and companion of 4.5 years would be denied to live and pursue a future with me in the United States and at the same time I would be left under duress. I am compelled to be with her without having to abandon a life I have built over many years in the United States.. I am stressed with the idea of being rejoined with her in a foreign country (Lima, Peru) where I have neither family ties nor work relations.
I met my wife xxxxx in my local church; “Church of the Open Bible” four and a half years ago. I had been looking for the right wife as I had been separated 4 years and later divorced (exhibit A) before I met xxxx. I was very tired and unfulfilled to be alone without a wife to be my companion to share life with. I tried everything I knew to find a mate I wanted to marry to share life with. Upon meeting xxxxxx I soon realized my search was over; we liked each other very much, I pursued getting to know her better and we soon were calling each other daily, dating. When I proposed matrimony to her; xxxxx accepted to marry me. She has changed my personal life completely. We have grown together maturing the bonds of our marriage theses past years and can have a very bright future together if she is allowed to live with me in the United States.
If she was not permitted to be with me in the United States would be devastating to me emotionally, psychologically, financially and spiritually. . She is my wife and I would be totally heart broken to be here in the U.S.A. alone again without my wife xxxx and my son xxxx reunited into my life. I love xxxx and son xxxxx with all of my being; I truly hope you will give an audience to my respectful request to have them back in my life.
Family Hardships:
I and xxxx have a three and a half year old son (xxxx) who needs us and who bonds us both together. I find it deeply disturbing having xxxx separated from either xxxx or me during his formative years. These are very important moments for Daniels beginnings in life which will affect his entire future. xxxx future is promising if he is here in the U.S.A. with both of his natural parents. His future would be unstable if he was obligated to live with his mother and no father in Lima, Peru. He is too young to be without his mother and it is terribly distressing for me to have to choose between joining my family in Peru and staying to continue my life here in the United States.
If I and son xxxx were separated; my love and everyday personal care for him would be suffer greatly. This hardship would be damaging to me and to son xxxx as well. This hardship and separation would affect my wife xxxx and my two daughters also because they are united in a deep and emotional loving relationship with son xxxx and me.
I have worked hard for my son xxxx to be taken care of in the United States. My son xxxx deserves to fulfill his birthright as a U.S. citizen and be given every opportunity for a better education system than that found in Lima, Peru and that he be given living conditions which are not sub-substandard to the higher standards he has waiting for him with his me (his father) here in the United States. The living conditions presently found in the country of Peru is no where as stable or of the high standards for Daniel as a life here in the U.S.A
Evidence:
1.) Poor quality of Education in Peru:
By Inter Press Service.
Boosting Enrolment at the Expense of Quality in Peru.
“ The low quality of education is also reflected by the high repetition rates. More than half a million primary school students, or 14.9 percent of the total, failed in 1998, according to statistics compiled by another independent thinktank, Cuanto. “
“ Another shortcoming in the educational system is the number of hours spent in school: 450 hours a year in towns and cities and 226 in rural areas, compared to 1,000 hours a year in Chile and 1,750 in Japan.
''Besides the low training levels of teachers, the educational situation in Peru is affected by the poor nutritional levels of the 49 percent of the population living in poverty,'' said university professor Oscar Rivera.
(See exhibit J - http://www.unesco.org/education/wef/en-news/peru.shtm)
Also;
2.) Poverty in Peru:
“More than half the country’s people – struggle to survive, making out an existence below the poverty line. Close to one fourth of them live in extreme poverty. “
“Three out of every four Peruvians live in urban areas. The majority of Peru’s poor people live in and around Lima, the capital.(exhibit K - http://www.ruralpovertyportal.org/english/regions/americas/per/index.htm
Rights to a shared Family:
As stated by Migration Information source, “The right to a shared family draws additional support from the prohibition against arbitrary interference with the family.
Finally, states have recognized that children have a right to live with their parents. Both the father and the mother have common responsibilities as parents and share the right and responsibility to participate equally in the upbringing and development of their children”. (Exhibit F- http://www.migrationinformation.org/Feature/print.cfm?ID=118)
Under the Convention on the rights of the Child (Exhibit G - http://www.unhchr.ch/html/menu3/b/k2crc.htm)
The States parties to the present convention,
Preamble (page 2)
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have the common responsibilities for the upbringing and development of the child.
Census Brief:
“Children living at home with both parents grow up with more financial and educational advantages then youngsters raised by one parent, as U.S. Census Bureau statistics have long shown.” (Exhibit H – U.S. Department of Commerce).
With the above recognition it is imperative that I and my family be together in the United States. If this waiver is not granted, I will be involuntarily separated from my wife of four and a half years and my child xxxx will remain torn away from his father.
Daughter xxxx:
Furthermore my 14 year old daughter xxxx (from my first marriage) receives a monthly child support payment of $350.00; this is dependent on my present job and salary. The child support which goes to my ex-wife for xxxx living expenses is a direct order from the Third Judicial Circuit Court and will be in effect until she reaches the age of 18 years and is graduated from High school. I am also directed by the terms of my divorce and court to provide health Insurance to Vanessa. (Exhibit A; pages 3 & 4).
I would be in an impossible situation trying to meet my legal and fatherly obligations if I felt forced to seek employment in Peru to be joined with xxxx. To do so would tear me abruptly from xxxx life if I was to leave the United States and live in Peru. I presently have visitation rights with xxxx every other weekend and we have an active loving (father and daughter) relationship; she accompanies me to church every Sunday/weekend she is with me and I value highly the spiritual values I am able to impart and share with her. I need to continue to act as her father with her here in the U.S.A. xxxx needs me in the U.S.A. in order for me to continue to be her father during her teen age adolescent years. Her primary custodian; my ex-wife recognizes my good relationship with my daughter Vanessa but will not allow xxxx to go live with me in Lima Peru (Exhibit D).
Daughter xxxx:
My older daughter xxxx (21 years old) is also very dependent on me as she is attending college full time to become a Computer Engineer. I provide xxxx with economic help on a monthly basis financing her with the many expenses she has during this time; this includes food, clothing, and for other miscellaneous expenditures so she can have a normal life. I have paid for her car and regularly give her gasoline money and also pay for her car repairs as needed. She visits me when her school schedule allows her to. We have a terrific father and daughter relationship here in the U.S.
Parting with the stability of my employment to start a new life in Peru to live with my loving wife xxxx would present an unbearable financial and emotional hardship to my daughter xxxx and cause me a tremendous amount emotional distress if I am not able to continue my relationship in the U.S. with xxxx where I am meeting her needs and have a normal relationship with her. (See Exhibit D; letter from xxxx my oldest daughter)
Both my daughters have developed deep emotional bonds my son xxxx and my wife xxxx here in the U.S. (please see photos exhibit E; I have also provided a copy of both my daughters birth certificates for documentation in Exhibit D )
Employment Hardships:
I have worked hard to mature a white collar professional career in the Government of the United States; I am a Federal employee with 19 years of seniority working in the Department of Energy (DOE). I am a productive Electrical Engineer working for a Government owned Public Power Utility located in the Midwest of America (Exhibit I). My office is located in the State of South Dakota. Our Utility Power System Region called; “The Upper Great Plains” spans over 6 States in the Midwest. I have worked and am familiar (over the years) with nearly 100 different Electrical Substations where I have worked toward the maintenance, design, and additions of many types of industry high voltage equipment (Exhibit I.- http://www.wapa.gov/ugp/aboutus/default.htm) I continue regularly to provide technical support to Electrician crafts and other engineers in said facilities (Exhibit B(III) Job Performance Elements).
I have been employed no where else but here during the last 19 years of my life. It would be extremely difficult to give up my career and start over in Peru at this stage of my life when my entire career has been invested with my present employer, working and becoming experienced with the Federal owned facilities of the Government of the United States.
At age 49 my opportunities are uncertain in Peru as the country is economically depressed compared to the USA. (Refer to poverty in Peru Exhibit K) Electrical Engineering is a growing technical career field that is more specialized today then ever. The Industry is hiring either younger applicants starting a career and ready to grow with them or experienced applicants who are familiar with the Electrical Utility practices of that country and Particular power system. I have no experience whatsoever with the Electrical Power systems in Peru. I am not a licensed Engineer as the Government has not required me to get a license and I do not have the needed qualifications to resume employment associated with my field of work in Peru.
If I was to live in Peru; I would have an impossible time trying to resume the specific work experience I have with the Electrical Power system at my present job(Exhibit B (I ,III )) or regain the 19 years of seniority I have built with my present employer (Exhibit C (I, I(a)) - Shows date I started ) . I am in dire need to finish the remainder of my 30 year career where I have established business and working relationships with so many people in my organization, and where I am familiar with the existing complex High Voltage Power System, the equipment and the job performance elements required do my job. - Exhibit B (III).
Please note: My performance record and supervisor evaluation ratings (last ten years shown) indicate my work performance is “fully successfully”; Exhibit B (IV) page 3. The record of performance of last evaluation also shows I am currently performing “good work” - Exhibit B (III page 5).
Further Reference Documentation: (Exhibit B):
I. Training summary – spanning 19 years of employment.
II. Active Individual Development plan.
III. Last job appraisal showing specialized job performance elements and “good work” rating.
IV. Additional Personal info provided here.
a) Health Insurance carrier
b) Life Insurance terms
c) Total annual salary 78,217.00
d) Entry on duty (when started federal employment date 8-18-1988.
e) Next salary increase (excluding yearly cost of living expenses I normally also receive from present job which averages yearly increases of 3.2 %)
d) Retirement eligibility info.
e) Performance ratings.
V. Current Personal Benefit Statements. .
Medical Hardship:
The medical plan I presently have through working with the U.S. Government is second to none. I have not been able to find this quality level of medical insurance for me and my family anywhere in Peru. The U.S. Federal Government medical plan to employees as me provides coverage to my son Daniel, my wife, to me and my two daughters at an affordable rate. My present employer they pay for a large portion of the costs of my Blue Cross Blue Shield medical Insurance. I am only given this complete medical protection plan while I am employed with The Government here in the U.S. Losing this coverage would be detrimental to my family’s medical needs. I need to live in the U.S. employed as a Federal Employee to continue my Medical plan for the remainder of my 30 year career in order to not end up losing my health Insurance coverage.
(See info. exhibit B (V) Page 2; shows Agency paying for most of costs to have Blue Cross Blue Shield family health Insurance) note: $ 321.89 is paid bi-weekly by agency. $134.00 the lesser amount is all I pay).
Economic losses:
The economic losses I will incur if xxxx is not admitted to the United States will be enormous to me and to my family dependents.
1. Social Security (exhibit C); Approximately $1000.00 per month less will be given to me when I am eligible for Social security as a direct consequence of my social security earning losses. If I do not contribute anymore and move to live in Peru at another job. The difference is about 50% less when compared to the full amount I can get after 30 years of civil service with my present employer.
2. TSP (Thrift Savings Plan) Exhibit B. Very similar to 401k retirement pension plan.
At the normal rate of interest; (average increase seen to date) considering my present contributions plus adding the Government agency matching funds; I will have approximately $472,469.69 (see page 4 of Exhibit B) accumulated to supplement my retirement.
If I was to quit my Federal career and stop contributing; I will have a lesser amount of $150,751.78 (with no further contributions from my Federal job). It is an extreme hardship for me to not continue contributing as I am presently doing with my retirement program. (See page 4 of Exhibit B (V))
3. Annuity based on salary. The third component of Federal Government retirement package. Exhibit C (II A&B) comparison presented. I will receive an annuity which is based on my salary at the time of retirement. Losses will be of $13,000 per year less than compared to finishing my full tem 30 year career. I have 11 years remaining before I have completed 30 years of service at this time.
4. Present salary of 78,217.00 with periodic salary increases. Last increase documentation; see Exhibit C (I & I (a)).
I am not in a position to consider terminating my present career to join my wife xxxx and son xxxx relocate to the country of Peru. The financial losses associated with leaving my job in the U.S. to live in Peru would destroy me financially. My long range retirement plans and my present family financial needs depend on the stability and ingress of my present earnings.
I pray you can see I have clear justifiable reasons to further advance my 19 year career in the United States where I can successfully fulfill the plans for my retirement and continue to earn a high income which I have earned over many years of work.
Community ties:
In the same church I met and married xxxx; I have been an active church member for approximately 10 years. During this time I occupied the position of Director of Children’s Church (for several years) where I supervised and lead Wednesday night Bible School. I have worked as the bus driver for said activities as well as for various other church functions and I have served my local Church and community. I am currently active and have helped to bring in a Spanish church; and served rendering various interpreting duties as a service to the local (growing) Spanish community.
I have volunteered countless hours of my personal time to serve and sacrificed weeks of personal vacation time over the years to drive our church bus filled with children to attend summer camp with them. Disrupting and Terminating this life I have developed with my community and my church group to go live in Peru where I have no roots would be devastating to me as well as a direct negative impact to many children and families in my community. (Please refer to Exhibit E - photos & supporting evidence). Note: Most photos show a brief explanation on the back of each one).
xxxx and I both work on Sunday during church services with the children. xxxx is responsible to provide care and instruction to the smaller children. She has proven to have a heart to serve. We are a volunteer team God uses to help develop good moral values to the young children who are part of our community. (See exhibit D and photos in exhibit E; letter from my Senior Pastor xxxx). I have included my Pastors business card and his phone number where and he can be reached if additional testimony is required. (Please feel free to contact him if needed). Please understand that most every one I have been associated for the past 19 years live here in my local town of xxxx. Because I have lived here during the past 19 years; I have not developed Church friends or any personal relationships In Peru and would be very difficult to live in peace in my home in without xxxx spending her life with me here..
Summary:
xxxx has not been deported nor does she have any criminal record of any kind; we are very sorry she overstayed over 180 days. We are voluntarily doing all we can to be correct with DHS and United States Immigration laws. xxxx became pregnant early in our marriage and we took care of her pregnancy with my Blue Cross Blue shield medical coverage here in the U.S. Once my son xxxx l was born we started to find out all the facts concerning her becoming a permanent U.S. residence. xxxx was but a newborn at the time and he and my recently married new wife needed me with them for financial support and normal family care. You may never know how much I love my family. I am going through the pain of separation and have honestly not been able to sleep well since my family voluntarily departed to Peru in order to correct this situation.
It has been a long road for me as I have slowly learned how to legally repair our present situation. I initially knew very little concerning waivers and immigration procedures. I have submitted all the necessary forms and documents without the help of a professional lawyer. I have tried very hard to provide you with all the necessary documents in order to resume a normal life with xxxx here in the United States. Please accept our sincere apologies for any inconvenience we may have caused. I respectfully ask that you review my case carefully. I have enclosed much detail to give you our intentions and a good testament that me and Alicia want to continue this marriage.
It needs to be emphasized that by issuing an approval of an I-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between me and xxxx. It is well documented that “family unity” is an important value unpinning the raison d’eter of the United States of America and that actions to “assure family unity” are part of the intent of the United States Immigration {for example see title 8, Chapter 12, Subchapter II, part II, recognition to this marriage between xxxx and xxxx, it is clearly the intent of the law to support the complex nature of marriage.
Which means that, In this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, ect. Bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support of these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.
Hardships are built upon the base of significant, although usual hardship. In other words it is of note that I have been married four and a half years and miss my wife painfully. I am anxious about xxxx s future because it depends upon xxxx being granted her I-130 visa. However, these are considered “simply” the backdrop of those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from my wife constitutes a powerful hardship on me.
The other hardships on top of this one culminate in me being potentially and actually subjected to extreme and unusual hardship. These additional hardships include but are not limited to the immoral choice of choosing between my wife xxxx who is now in Peru with our son xxxx or staying with my daughters here in the United States , having to meet my legal obligation child support and financial college that my daughters depend on, the decline of education and living standards that will occur to my son xxxx and wife xxxx if they continue to live in Peru, the potential surrender of a 19 year old stable and successful career with the Federal Government, the financial losses associated with resigning my Federal job , the possibility of leaving behind my church life and leaving my community with all known friends behind. I urgently need this waiver to be approved.
Conclusion
Consular officer; please read this hardship letter several times if need be and come to the only right and just decision to approve this waiver. Because this marriage would not be full or complete and the impact on this separation is one of great emotional, social, familial, economical and spiritual influences, one must weigh heavily the consequences that would result if xxxx were not allowed to be reunited with me in the United States.
I miss xxxx painfully and am uncertain as well as frightened of my future as it is dependent upon xxxx s status. The enormous strain that this separation has and will continue to have constitutes a powerful hardship to me. Due to the above stated I respectfully request the waiver to be approved and that Alicia be allowed to be reunited with me in the United States.
Subject to extreme and unusual hardship, I respectfully request the waiver be approved.
Xxxxxxxxxxxxxxx (my name) date
Xxxxxxxxxxxx Public notary entry and signature.
Sincerely,
xxxxx
Signature
Notary public signature and entry.
Again thanks to all who contribute and are helping here...we may not agree exactly on everything but we all do aim to succeed.....feel free to comment...
freedom is what America is all about...;)
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I (myname) under penalty of perjury, under the laws of the United States, that the foregoing is true and correct.
If my wife xxxxx is not admitted to the United States I would suffer severe and extreme hardship for many reasons. My wife and companion of 4.5 years would be denied to live and pursue a future with me in the United States and at the same time I would be left under duress. I am compelled to be with her without having to abandon a life I have built over many years in the United States.. I am stressed with the idea of being rejoined with her in a foreign country (Lima, Peru) where I have neither family ties nor work relations.
I met my wife xxxxx in my local church; “Church of the Open Bible” four and a half years ago. I had been looking for the right wife as I had been separated 4 years and later divorced (exhibit A) before I met xxxx. I was very tired and unfulfilled to be alone without a wife to be my companion to share life with. I tried everything I knew to find a mate I wanted to marry to share life with. Upon meeting xxxxxx I soon realized my search was over; we liked each other very much, I pursued getting to know her better and we soon were calling each other daily, dating. When I proposed matrimony to her; xxxxx accepted to marry me. She has changed my personal life completely. We have grown together maturing the bonds of our marriage theses past years and can have a very bright future together if she is allowed to live with me in the United States.
If she was not permitted to be with me in the United States would be devastating to me emotionally, psychologically, financially and spiritually. . She is my wife and I would be totally heart broken to be here in the U.S.A. alone again without my wife xxxx and my son xxxx reunited into my life. I love xxxx and son xxxxx with all of my being; I truly hope you will give an audience to my respectful request to have them back in my life.
Family Hardships:
I and xxxx have a three and a half year old son (xxxx) who needs us and who bonds us both together. I find it deeply disturbing having xxxx separated from either xxxx or me during his formative years. These are very important moments for Daniels beginnings in life which will affect his entire future. xxxx future is promising if he is here in the U.S.A. with both of his natural parents. His future would be unstable if he was obligated to live with his mother and no father in Lima, Peru. He is too young to be without his mother and it is terribly distressing for me to have to choose between joining my family in Peru and staying to continue my life here in the United States.
If I and son xxxx were separated; my love and everyday personal care for him would be suffer greatly. This hardship would be damaging to me and to son xxxx as well. This hardship and separation would affect my wife xxxx and my two daughters also because they are united in a deep and emotional loving relationship with son xxxx and me.
I have worked hard for my son xxxx to be taken care of in the United States. My son xxxx deserves to fulfill his birthright as a U.S. citizen and be given every opportunity for a better education system than that found in Lima, Peru and that he be given living conditions which are not sub-substandard to the higher standards he has waiting for him with his me (his father) here in the United States. The living conditions presently found in the country of Peru is no where as stable or of the high standards for Daniel as a life here in the U.S.A
Evidence:
1.) Poor quality of Education in Peru:
By Inter Press Service.
Boosting Enrolment at the Expense of Quality in Peru.
“ The low quality of education is also reflected by the high repetition rates. More than half a million primary school students, or 14.9 percent of the total, failed in 1998, according to statistics compiled by another independent thinktank, Cuanto. “
“ Another shortcoming in the educational system is the number of hours spent in school: 450 hours a year in towns and cities and 226 in rural areas, compared to 1,000 hours a year in Chile and 1,750 in Japan.
''Besides the low training levels of teachers, the educational situation in Peru is affected by the poor nutritional levels of the 49 percent of the population living in poverty,'' said university professor Oscar Rivera.
(See exhibit J - http://www.unesco.org/education/wef/en-news/peru.shtm)
Also;
2.) Poverty in Peru:
“More than half the country’s people – struggle to survive, making out an existence below the poverty line. Close to one fourth of them live in extreme poverty. “
“Three out of every four Peruvians live in urban areas. The majority of Peru’s poor people live in and around Lima, the capital.(exhibit K - http://www.ruralpovertyportal.org/english/regions/americas/per/index.htm
Rights to a shared Family:
As stated by Migration Information source, “The right to a shared family draws additional support from the prohibition against arbitrary interference with the family.
Finally, states have recognized that children have a right to live with their parents. Both the father and the mother have common responsibilities as parents and share the right and responsibility to participate equally in the upbringing and development of their children”. (Exhibit F- http://www.migrationinformation.org/Feature/print.cfm?ID=118)
Under the Convention on the rights of the Child (Exhibit G - http://www.unhchr.ch/html/menu3/b/k2crc.htm)
The States parties to the present convention,
Preamble (page 2)
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have the common responsibilities for the upbringing and development of the child.
Census Brief:
“Children living at home with both parents grow up with more financial and educational advantages then youngsters raised by one parent, as U.S. Census Bureau statistics have long shown.” (Exhibit H – U.S. Department of Commerce).
With the above recognition it is imperative that I and my family be together in the United States. If this waiver is not granted, I will be involuntarily separated from my wife of four and a half years and my child xxxx will remain torn away from his father.
Daughter xxxx:
Furthermore my 14 year old daughter xxxx (from my first marriage) receives a monthly child support payment of $350.00; this is dependent on my present job and salary. The child support which goes to my ex-wife for xxxx living expenses is a direct order from the Third Judicial Circuit Court and will be in effect until she reaches the age of 18 years and is graduated from High school. I am also directed by the terms of my divorce and court to provide health Insurance to Vanessa. (Exhibit A; pages 3 & 4).
I would be in an impossible situation trying to meet my legal and fatherly obligations if I felt forced to seek employment in Peru to be joined with xxxx. To do so would tear me abruptly from xxxx life if I was to leave the United States and live in Peru. I presently have visitation rights with xxxx every other weekend and we have an active loving (father and daughter) relationship; she accompanies me to church every Sunday/weekend she is with me and I value highly the spiritual values I am able to impart and share with her. I need to continue to act as her father with her here in the U.S.A. xxxx needs me in the U.S.A. in order for me to continue to be her father during her teen age adolescent years. Her primary custodian; my ex-wife recognizes my good relationship with my daughter Vanessa but will not allow xxxx to go live with me in Lima Peru (Exhibit D).
Daughter xxxx:
My older daughter xxxx (21 years old) is also very dependent on me as she is attending college full time to become a Computer Engineer. I provide xxxx with economic help on a monthly basis financing her with the many expenses she has during this time; this includes food, clothing, and for other miscellaneous expenditures so she can have a normal life. I have paid for her car and regularly give her gasoline money and also pay for her car repairs as needed. She visits me when her school schedule allows her to. We have a terrific father and daughter relationship here in the U.S.
Parting with the stability of my employment to start a new life in Peru to live with my loving wife xxxx would present an unbearable financial and emotional hardship to my daughter xxxx and cause me a tremendous amount emotional distress if I am not able to continue my relationship in the U.S. with xxxx where I am meeting her needs and have a normal relationship with her. (See Exhibit D; letter from xxxx my oldest daughter)
Both my daughters have developed deep emotional bonds my son xxxx and my wife xxxx here in the U.S. (please see photos exhibit E; I have also provided a copy of both my daughters birth certificates for documentation in Exhibit D )
Employment Hardships:
I have worked hard to mature a white collar professional career in the Government of the United States; I am a Federal employee with 19 years of seniority working in the Department of Energy (DOE). I am a productive Electrical Engineer working for a Government owned Public Power Utility located in the Midwest of America (Exhibit I). My office is located in the State of South Dakota. Our Utility Power System Region called; “The Upper Great Plains” spans over 6 States in the Midwest. I have worked and am familiar (over the years) with nearly 100 different Electrical Substations where I have worked toward the maintenance, design, and additions of many types of industry high voltage equipment (Exhibit I.- http://www.wapa.gov/ugp/aboutus/default.htm) I continue regularly to provide technical support to Electrician crafts and other engineers in said facilities (Exhibit B(III) Job Performance Elements).
I have been employed no where else but here during the last 19 years of my life. It would be extremely difficult to give up my career and start over in Peru at this stage of my life when my entire career has been invested with my present employer, working and becoming experienced with the Federal owned facilities of the Government of the United States.
At age 49 my opportunities are uncertain in Peru as the country is economically depressed compared to the USA. (Refer to poverty in Peru Exhibit K) Electrical Engineering is a growing technical career field that is more specialized today then ever. The Industry is hiring either younger applicants starting a career and ready to grow with them or experienced applicants who are familiar with the Electrical Utility practices of that country and Particular power system. I have no experience whatsoever with the Electrical Power systems in Peru. I am not a licensed Engineer as the Government has not required me to get a license and I do not have the needed qualifications to resume employment associated with my field of work in Peru.
If I was to live in Peru; I would have an impossible time trying to resume the specific work experience I have with the Electrical Power system at my present job(Exhibit B (I ,III )) or regain the 19 years of seniority I have built with my present employer (Exhibit C (I, I(a)) - Shows date I started ) . I am in dire need to finish the remainder of my 30 year career where I have established business and working relationships with so many people in my organization, and where I am familiar with the existing complex High Voltage Power System, the equipment and the job performance elements required do my job. - Exhibit B (III).
Please note: My performance record and supervisor evaluation ratings (last ten years shown) indicate my work performance is “fully successfully”; Exhibit B (IV) page 3. The record of performance of last evaluation also shows I am currently performing “good work” - Exhibit B (III page 5).
Further Reference Documentation: (Exhibit B):
I. Training summary – spanning 19 years of employment.
II. Active Individual Development plan.
III. Last job appraisal showing specialized job performance elements and “good work” rating.
IV. Additional Personal info provided here.
a) Health Insurance carrier
b) Life Insurance terms
c) Total annual salary 78,217.00
d) Entry on duty (when started federal employment date 8-18-1988.
e) Next salary increase (excluding yearly cost of living expenses I normally also receive from present job which averages yearly increases of 3.2 %)
d) Retirement eligibility info.
e) Performance ratings.
V. Current Personal Benefit Statements. .
Medical Hardship:
The medical plan I presently have through working with the U.S. Government is second to none. I have not been able to find this quality level of medical insurance for me and my family anywhere in Peru. The U.S. Federal Government medical plan to employees as me provides coverage to my son Daniel, my wife, to me and my two daughters at an affordable rate. My present employer they pay for a large portion of the costs of my Blue Cross Blue Shield medical Insurance. I am only given this complete medical protection plan while I am employed with The Government here in the U.S. Losing this coverage would be detrimental to my family’s medical needs. I need to live in the U.S. employed as a Federal Employee to continue my Medical plan for the remainder of my 30 year career in order to not end up losing my health Insurance coverage.
(See info. exhibit B (V) Page 2; shows Agency paying for most of costs to have Blue Cross Blue Shield family health Insurance) note: $ 321.89 is paid bi-weekly by agency. $134.00 the lesser amount is all I pay).
Economic losses:
The economic losses I will incur if xxxx is not admitted to the United States will be enormous to me and to my family dependents.
1. Social Security (exhibit C); Approximately $1000.00 per month less will be given to me when I am eligible for Social security as a direct consequence of my social security earning losses. If I do not contribute anymore and move to live in Peru at another job. The difference is about 50% less when compared to the full amount I can get after 30 years of civil service with my present employer.
2. TSP (Thrift Savings Plan) Exhibit B. Very similar to 401k retirement pension plan.
At the normal rate of interest; (average increase seen to date) considering my present contributions plus adding the Government agency matching funds; I will have approximately $472,469.69 (see page 4 of Exhibit B) accumulated to supplement my retirement.
If I was to quit my Federal career and stop contributing; I will have a lesser amount of $150,751.78 (with no further contributions from my Federal job). It is an extreme hardship for me to not continue contributing as I am presently doing with my retirement program. (See page 4 of Exhibit B (V))
3. Annuity based on salary. The third component of Federal Government retirement package. Exhibit C (II A&B) comparison presented. I will receive an annuity which is based on my salary at the time of retirement. Losses will be of $13,000 per year less than compared to finishing my full tem 30 year career. I have 11 years remaining before I have completed 30 years of service at this time.
4. Present salary of 78,217.00 with periodic salary increases. Last increase documentation; see Exhibit C (I & I (a)).
I am not in a position to consider terminating my present career to join my wife xxxx and son xxxx relocate to the country of Peru. The financial losses associated with leaving my job in the U.S. to live in Peru would destroy me financially. My long range retirement plans and my present family financial needs depend on the stability and ingress of my present earnings.
I pray you can see I have clear justifiable reasons to further advance my 19 year career in the United States where I can successfully fulfill the plans for my retirement and continue to earn a high income which I have earned over many years of work.
Community ties:
In the same church I met and married xxxx; I have been an active church member for approximately 10 years. During this time I occupied the position of Director of Children’s Church (for several years) where I supervised and lead Wednesday night Bible School. I have worked as the bus driver for said activities as well as for various other church functions and I have served my local Church and community. I am currently active and have helped to bring in a Spanish church; and served rendering various interpreting duties as a service to the local (growing) Spanish community.
I have volunteered countless hours of my personal time to serve and sacrificed weeks of personal vacation time over the years to drive our church bus filled with children to attend summer camp with them. Disrupting and Terminating this life I have developed with my community and my church group to go live in Peru where I have no roots would be devastating to me as well as a direct negative impact to many children and families in my community. (Please refer to Exhibit E - photos & supporting evidence). Note: Most photos show a brief explanation on the back of each one).
xxxx and I both work on Sunday during church services with the children. xxxx is responsible to provide care and instruction to the smaller children. She has proven to have a heart to serve. We are a volunteer team God uses to help develop good moral values to the young children who are part of our community. (See exhibit D and photos in exhibit E; letter from my Senior Pastor xxxx). I have included my Pastors business card and his phone number where and he can be reached if additional testimony is required. (Please feel free to contact him if needed). Please understand that most every one I have been associated for the past 19 years live here in my local town of xxxx. Because I have lived here during the past 19 years; I have not developed Church friends or any personal relationships In Peru and would be very difficult to live in peace in my home in without xxxx spending her life with me here..
Summary:
xxxx has not been deported nor does she have any criminal record of any kind; we are very sorry she overstayed over 180 days. We are voluntarily doing all we can to be correct with DHS and United States Immigration laws. xxxx became pregnant early in our marriage and we took care of her pregnancy with my Blue Cross Blue shield medical coverage here in the U.S. Once my son xxxx l was born we started to find out all the facts concerning her becoming a permanent U.S. residence. xxxx was but a newborn at the time and he and my recently married new wife needed me with them for financial support and normal family care. You may never know how much I love my family. I am going through the pain of separation and have honestly not been able to sleep well since my family voluntarily departed to Peru in order to correct this situation.
It has been a long road for me as I have slowly learned how to legally repair our present situation. I initially knew very little concerning waivers and immigration procedures. I have submitted all the necessary forms and documents without the help of a professional lawyer. I have tried very hard to provide you with all the necessary documents in order to resume a normal life with xxxx here in the United States. Please accept our sincere apologies for any inconvenience we may have caused. I respectfully ask that you review my case carefully. I have enclosed much detail to give you our intentions and a good testament that me and Alicia want to continue this marriage.
It needs to be emphasized that by issuing an approval of an I-130 for a spousal visa, the United States government has formally and legally recognized the validity of the marriage between me and xxxx. It is well documented that “family unity” is an important value unpinning the raison d’eter of the United States of America and that actions to “assure family unity” are part of the intent of the United States Immigration {for example see title 8, Chapter 12, Subchapter II, part II, recognition to this marriage between xxxx and xxxx, it is clearly the intent of the law to support the complex nature of marriage.
Which means that, In this and other genuine marriages there are multiple social psychological, familial, economic, cultural, spiritual, ect. Bonds, which are presumed by the law to exist conjointly with the legal presence of marriage. Support of these complex interacting marital bonds is a fundamental value of the larger society and a function of the law.
Hardships are built upon the base of significant, although usual hardship. In other words it is of note that I have been married four and a half years and miss my wife painfully. I am anxious about xxxx s future because it depends upon xxxx being granted her I-130 visa. However, these are considered “simply” the backdrop of those other, previously listed hardships that, individually and when combined and interacting are severe. In other words, the enormous strain of being separated from my wife constitutes a powerful hardship on me.
The other hardships on top of this one culminate in me being potentially and actually subjected to extreme and unusual hardship. These additional hardships include but are not limited to the immoral choice of choosing between my wife xxxx who is now in Peru with our son xxxx or staying with my daughters here in the United States , having to meet my legal obligation child support and financial college that my daughters depend on, the decline of education and living standards that will occur to my son xxxx and wife xxxx if they continue to live in Peru, the potential surrender of a 19 year old stable and successful career with the Federal Government, the financial losses associated with resigning my Federal job , the possibility of leaving behind my church life and leaving my community with all known friends behind. I urgently need this waiver to be approved.
Conclusion
Consular officer; please read this hardship letter several times if need be and come to the only right and just decision to approve this waiver. Because this marriage would not be full or complete and the impact on this separation is one of great emotional, social, familial, economical and spiritual influences, one must weigh heavily the consequences that would result if xxxx were not allowed to be reunited with me in the United States.
I miss xxxx painfully and am uncertain as well as frightened of my future as it is dependent upon xxxx s status. The enormous strain that this separation has and will continue to have constitutes a powerful hardship to me. Due to the above stated I respectfully request the waiver to be approved and that Alicia be allowed to be reunited with me in the United States.
Subject to extreme and unusual hardship, I respectfully request the waiver be approved.
Xxxxxxxxxxxxxxx (my name) date
Xxxxxxxxxxxx Public notary entry and signature.
Sincerely,
xxxxx
Signature
Notary public signature and entry.
Again thanks to all who contribute and are helping here...we may not agree exactly on everything but we all do aim to succeed.....feel free to comment...
freedom is what America is all about...;)