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Blackrain76
05-04-2008, 01:17 PM
Hello

My wife was denied her immigrant visa because she had overstayed 4 years in the u.s.a before going voluntarily back to u.k.

I filed the hardship waiver myself at that time and it was also denied because i guess i could not prove extreme hardship, despite having three children 5,4,2
Two American born and one British born. (I am not ill or depresseed because i have faith in God so that is what keeps me going)

Anyway,

She has been out of the country for over 4 years now which means she has another 6 long years to go before she could re-apply.

I have just become a U.S.C two months ago and want to re-file thinking making maybe i have more weight as a U.S.C.

My question is:-

Can i refile the I130 myself and then when it comes to the i601 i can contact an attorney.

I talked to an atorney and she has said that it would be better if i go with an attorney all the way. (to make more money i guess)

What do i do.
Should i file the I130 and then go to an Attorney for an I601 n save a $1000
or should i spend $2500 and go all the way...?

Please adivse.


Rico

adeildo
05-04-2008, 03:24 PM
How did you epplied for the waiver if you was not a USC

Pinkpig
05-04-2008, 04:37 PM
Hello

My wife was denied her immigrant visa because she had overstayed 4 years in the u.s.a before going voluntarily back to u.k.

I filed the hardship waiver myself at that time and it was also denied because i guess i could not prove extreme hardship, despite having three children 5,4,2
Two American born and one British born. (I am not ill or depresseed because i have faith in God so that is what keeps me going)

Anyway,

She has been out of the country for over 4 years now which means she has another 6 long years to go before she could re-apply.

I have just become a U.S.C two months ago and want to re-file thinking making maybe i have more weight as a U.S.C.

My question is:-

Can i refile the I130 myself and then when it comes to the i601 i can contact an attorney.

I talked to an atorney and she has said that it would be better if i go with an attorney all the way. (to make more money i guess)

What do i do.
Should i file the I130 and then go to an Attorney for an I601 n save a $1000
or should i spend $2500 and go all the way...?

Please adivse.


Rico


Blackrain76,

Any attorney that will only charge 1500 or even 2500 to do a waiver is wasting your money. A good waiver will cost at the very least 5000.

You can do all or any of it yourself or hire an attorney.

My recommendation to you is to do a consult with either Laurel Scott at visacentral.net or Heather Poole (whose link is in my signature) before you do anything else.

They know what they are doing and are experts in waivers. They would be able to help you formulate a plan for going forward and give you some idea of what your chances for approval are based upon your individual case.

You may decide that you can do it your self or you may decide to hire an attorney. In my signature is also a list of lawyers that members of this site recommend. Immigration waivers is such a narrow slice of law that very few attorneys understand it and can actually help you through the process correctly.

Reading the facts of your case that you have supplied here, it looks to me like you have enough hardship to get an approval. I would have to think that your presentation the first time was incorrect. Many times the difference between a denial and an approval is the way the information is presented.

Even though London has become a bit harder to get an approval from and a bit slower than it used to be, I think that the fact that you are now a citizen and your marriage has stood this test of time gives you a greater chance of an approval. As long as there are no more complicating factors in your case, you should stand a good chance for an approval. Good Luck. IMHO: your first step is a consult with Heather or Laurel.

BeeVee
05-28-2008, 03:57 AM
Blackrain,
Presentation of your hardship requests seems to be the key according to everything I have read. Please keep us posted, since I am about to file the same waiver.