Our hardships for the waiver.

[chikaprada]

Well they are my fiance's.

So far this is what we have.



Son from previous relationship.
Ex-wife and him have joint custody, and ex won't allow fiance to take son to MX.
Fiance pays child support for this child(how can he afford to pay 400dlls a month with a job in MX?)[LIST]

[LIST]
Job skills limited to the US. Fiance works in National Security and can't do the same for the MXN Govt.
Parents are in their mid 50's. Mom has several medical conditions which sometimes make her go to a hospital and be under supervison for 24hrs. Fiance is the only child too.


I don't know if these should be added or not:

Fiance has college funds for both children(we have one),and medical insurance.

Fiance doesn't speak Spanish at all.

He was diagnosed with scoliosis, and this requires him to go weekly to a chiro for therapy.

I know what you're thinking that this have to be first(at the top) and somehow I agree because even though it isn't a life or death condition, he still needs therapy.

So far this is what we have.

What do you guys think?

[blkbtterfly]

Hi chikaprada

I think you have a great start and have brainstormed some good ideas. The ideas listed more towards the bottom I think should all be mentioned but not at that same order in the HSL. For example, the medical insurance could be linked to his treatment for scoliosis and w/o it, he wouldn't be able to afford it or it would be too costly, something like that. Most likely someone else in this forum would be able to give you more tips.

[kitkat1]

Joint custody of son from previous relationship with proof that the ex won't let him take the child out of the country and proof of obligation for child support appear to be number one. His medical situation should be high on the list - it's important to describe what would happen if he did not have weekly therapy and that he would not be able to pay for it nor communicate with the doctor. Limitations on employment in Mexico are also extremely high on the list - he doesn't speak the language, he works in National Security and there is no equivalent role for him there (if he has special clearance, certication, education, etc. this should all be included as proof), he doesn't have a visa that allows him to work there.

College fund is probably irrelevant - it indicates he has money accessible unless he really puts a spin in it and even then, it's not a hardship to him if that money isn't available for the kids, it's a hardship to the kids which doesn't hold much weight. His mother's medical condition is not relevant unless he is the primary caregiver on a regular basis with proof. What you have is a good start. I would add in financials - health benefits, retirement account, future social security earnings lost, etc.

[chikaprada]

I included his mom's medical conditions because since he's the only child, God forbid his mom gets sick(which she does very frecuently) how would he afford to travel to the US in a snap of fingers to come see her.

Mmmm yeah, now that I think about it...doesn't seem relevant.

Thanks for reminding me of his 401K, and the social security benefits, kitkat. I don't think we have a strong argument on finaces just yet, we rent a house, and he's paying 600dlls a month for a car...other than that nothing big.

One more thing, how would we go to to prove that his ex won't let the child out of the country. They don't have a good relationship, to ask her to do such a thing. This woman doesn't even like the fact that my fiance has a right to see his child, so he knows for a fact that she won't even allow the child to leave the country...

I'll keep thinking of more things.


Thanks for the replies!!

[blkbtterfly]

One more thing, how would we go to to prove that his ex won't let the child out of the country. They don't have a good relationship, to ask her to do such a thing. This woman doesn't even like the fact that my fiance has a right to see his child, so he knows for a fact that she won't even allow the child to leave the country...

Are there any court/counselor records? My friend is going through something similar with her husband's ex-wife who is fighting custody about the kids he had with her in that marriage. They've been to court a few times and have police records about certain issues that they have had and they have been to "mediation". Is there anything like that with him? (not exactly but anything similar?) Otherwise she can write a letter (the ex) about how she has a problem with the child leaving the US and probably other people can also write letters. Just an idea...