Is my hardship exreme enough?

[LaurenR]

I'm new here and was referred by some people on Visa Journey because I will need to file waivers to get my fiancé a K-1 Visa. First off, our story: Rodolfo and I met in 2002 (I was 16) we started dating and had our first child in 2004. In 2006 we had an argument and he assaulted me (please refrain from commenting your thoughts on this issue, he has sincerely apologized, and I've forgiven him and have witnessed his change in behavior. As far as I am concerned, it is in the past, over and done with). I immediately called the police and he was arrested. Although I never pressed charges the state picked them up. SO, he has a CIMT on his record. On top of that, he was here illegally so once the DV was taken care of he was taken to ICE where he stayed in jail for about 2-3 weeks. He was released on a $6,000 bond. I forgave him and we got back together (there have been no other assaults against me.) I got pregnant again and the judge let him stay in the US until our daughter was born. He left the US voluntary on March 21 2007.

Now, I'm beginning the K-1 process and have been talking to an attorney. He says our only chance is a 601 waiver. My arguments for hardship are:
1. I am taking care of my mother (54) who has a lot of health issues. She has, degernative joint disease, fibro myalgia, bulging discs and encroachment in her thoracic vertebrae, short term memory problems from a closed head injury, TMJ, multiple hernia surgeries that left her on a permanent 5lb weight limit, and MS. She is divorced from my father and my brothers can't support her so I am her caregiver. Her medical problems are getting more severe and I don't think it will be long before she is confined to a wheel chair. Also, since she and I live together, it would be impossible for me to relocate to Guatemala.
2. I do not feel safe with relocating my children to Guatemala for their safety. My fiancé’s brother-in-law was shot and killed for his bike and his brother was robbed by knife at their front door!
3. Since my fiancé’s absence, I have severe depression and anxiety.
4. I am struggling financially because I am trying to finish college but have had to put that on hold to help maintain an income for my family and I.

I was just wondering if these arguments are extreme enough. Thanks for taking the time to read my post, I look forward to reading all your wonderful advice! :)

[Jardinera]

The fact that you care for your mother and I'm assuming there are plentiful records of all her medical issues is a very strong hardship. You will need to prove that you are required in the U.S. to care for her.

Guatemala is not known to be especially strict with the I-601, but we haven't had many cases go through there either. I think you have a good chance, a lot will depend on how strong your waiver packet is, but it sounds like it has the potential to be very good.

[kitkat1]

Lauren there is really no easy answer to that question. It almost entirely comes down to how it's presented in the hardship letter and what evidence is provided in the packet.

Your mother's situation consitutes a good hardship -- you need to focus on presenting it in the most severe light possible i.e. you are the primary caregiver and she is dependent on you to survive (if that is indeed the case). The section of your letter that is about her will need to be detailed in regard to what you do to care for her, with proof. So you will want to start by getting a letter from her doctor that provides an overview of her medical situation and most importantly, clearly states that she requires assistance in order to do x, x, and x. Then you can provide a clear explanation of the things you do for her daily, and provide as much proof of that as possible.

In regard to safety in Guatemala, for example, you don't want to word it to say you don't feel safe or comfortable. Instead you will want to provide documented evidence such as the information from the US Department of State travel advisory for Guatemala that provides warnings and details of the danger to Americans there.

Same for your medical situation - letter from your doctor describing your diagnosis, prognosis, medications, treatment plan, etc. Then you can expand by describing the worst case scenario of what would happen to you if you had to relocate to Guatemala and you did not have the medical insurance/money/language ability to seek medical care.

Overall your approach should be detailing and proving how your life would dramatically and horribly change for the worse if his waiver/visa are denied and you have no choice but to relocate to his country.

Your hardships are a good starting point - be sure you read through the approved letters so you are clear on how to word/organize each section and what kind of evidence you need.

Hope that helps.

[LaurenR]

Thanks you guys! You have no idea how helpful that was. :thumbup: I was begining to wonder if there was any hope at all in getting him here.
I've have been on anit-depressants since I was 13 (due to personal family matters). My depression has goten worse since he left. Will they still take that into account, even if I was diagnosed 9 years ago?

[Pinkpig]

Thanks you guys! You have no idea how helpful that was. :thumbup: I was begining to wonder if there was any hope at all in getting him here.
I've have been on anit-depressants since I was 13 (due to personal family matters). My depression has goten worse since he left. Will they still take that into account, even if I was diagnosed 9 years ago?

Actually that can be another hardship for you, if you have a dr that you have been working with on this depression and you trust that dr and the meds are working for you and if you have to relocate to another country you would have to find a new dr and establish a trusting relationship with him. Do they have qualified mental health specialists in your SO's country that would be able to treat you like your dr here in the US? Do you speak Spanish? Would you be able to communicate with health professionals in your SO's country?Are you in on-going talk therapy with this dr? Can you get him to write a diagnosis/treatment/prognosis of your illness? Is it life-threatening? You have to really take a look at your life and what you can document in your waiver package and then present the interacting hardships to prove why you cannot live in your SO's country with him and why you cannot live in the US without him.

Good Luck. Tons of info on this site as well as many members to help you. You just need to read and understand and then start looking at an outline of what you can prove about why you need an approval on the waiver.

[LaurenR]

Thank you Pink, I'll deffinatly do that!

[emt103c]

You can also strengthen the education argument by talking about your educational plans (with transcripts to prove) and letting them know that without your husband's help with your mother, and help with income you have had to forgo your chances at higher education until he returns.

One of the things you want to prove is the difficulty with him not being allowed to return, in addition to, if you had to move there.

It sounds like a strong case if well presented and documented.

Good luck!

[JennyM]

I think you have a good start....but since you're just starting you have a LONG road until you need to turn that in. But good luck! Us GUAS need to stick together! :)

[AndGor]

HI Lauren, If you dont mind you can read my post regarding a baby with Down Syndrome, I know Gauteala is not a safe place, I am currently experienicing an extortion, in which USC children had to fly back to the US, maybe if you are in Guatemala we could call and see how we can get ideas together to work something out in order to get what is neede to return to the US. May the Lord bless you.