GuatemalanLover
05-21-2008, 12:52 AM
Hello again Guatemala, soy yo Guatemalan lover. I am here to get some feedback from you all.
So my wife's VISA interview has been scheduled for the second week of June. She was an EWI who voluntarily departed from the US to avoid any issues. I am here in the US working, preparing for a new baby on the way, working on my I-601 papers, and missing my family.
Laurel Scott has a memo that I am sure you are all aware about that gives advice about preparing the I-160 ( http://www.visacentral.net/I601Memo.pdf ). On page 3 it talks about different levels of hardships. In my mind my Burden is huge; however, fortunately and unfortunately I don’t really know if I meet the high level burdens. Yet that isn’t really what I am asking help on.
MY MAIN TOPIC OF INTEREST:
On the 7th page it talks about "Mitigating and Aggravating Factors"
Here is the list of Mitigating Factors:
• Applicant voluntarily entered into the foreign-filed waiver process.
• Applicant’s only violation is unlawful presence and applicant entered the US as a child, brought by his/her family
• Applicant had a bona fide, reasonable belief that he/she was complying with the law
• Applicant and Petitioner’s marriage has already been lengthy at the time of the waiver application
• Applicant and Petitioner have child(ren) in common
• Applicant and Petitioner had prior miscarriage(s) that would have been a child in common
If I can prove I have a an extreme hardship (something other than I am going to die in 1 week), and back it up with mitigating factors will this be good enough to send in?
Mitigating factors are things that look like I can show more of my hardships and show that my family and I have cooperated with the law and etc. This describes all my family has been through except for the miscarriage. Its almost like hardships are magnified by having children , and etc?
My burdens are strong, but my burdens are magnified when my son and unborn child are with out my care (insurance, US doctors, and etc). Also my wife had a horrible 1st pregnancy and was in the ER countless times, lost 5 pints of blood, endured 15 or so 30 minute long nose bleeds, nose surgery (that didn't do anything), induced into having a baby early after receiving blood transfusions, and when the baby came out stayed in the hospital for another week. Blah Blah Blah . . .
All I know is I have insurance now, and the same doctors who suffered through my wife's 1st pregnancy are on my insurance plan. I am scared about the level of medical know how in Guatemala. In my experience I am upset and unsatisfied with what I have seen and gone through over there.
I wonder what these Mitigating factors will do? I hope they will help. I am currently getting all of my health and stress issues documented and finding documents of past episodes to add to my petition.
What do you all think about these Mitigating factors?
Also on page 10 of Laurel Scott’s document that I am referring to it talks about expediting of cases. My wife is due in November. I wonder if I got doctors notes backing up the severity of my wife's condition if they could expedite my petition?
Thanks for your time . . .
Guatemala Lover
So my wife's VISA interview has been scheduled for the second week of June. She was an EWI who voluntarily departed from the US to avoid any issues. I am here in the US working, preparing for a new baby on the way, working on my I-601 papers, and missing my family.
Laurel Scott has a memo that I am sure you are all aware about that gives advice about preparing the I-160 ( http://www.visacentral.net/I601Memo.pdf ). On page 3 it talks about different levels of hardships. In my mind my Burden is huge; however, fortunately and unfortunately I don’t really know if I meet the high level burdens. Yet that isn’t really what I am asking help on.
MY MAIN TOPIC OF INTEREST:
On the 7th page it talks about "Mitigating and Aggravating Factors"
Here is the list of Mitigating Factors:
• Applicant voluntarily entered into the foreign-filed waiver process.
• Applicant’s only violation is unlawful presence and applicant entered the US as a child, brought by his/her family
• Applicant had a bona fide, reasonable belief that he/she was complying with the law
• Applicant and Petitioner’s marriage has already been lengthy at the time of the waiver application
• Applicant and Petitioner have child(ren) in common
• Applicant and Petitioner had prior miscarriage(s) that would have been a child in common
If I can prove I have a an extreme hardship (something other than I am going to die in 1 week), and back it up with mitigating factors will this be good enough to send in?
Mitigating factors are things that look like I can show more of my hardships and show that my family and I have cooperated with the law and etc. This describes all my family has been through except for the miscarriage. Its almost like hardships are magnified by having children , and etc?
My burdens are strong, but my burdens are magnified when my son and unborn child are with out my care (insurance, US doctors, and etc). Also my wife had a horrible 1st pregnancy and was in the ER countless times, lost 5 pints of blood, endured 15 or so 30 minute long nose bleeds, nose surgery (that didn't do anything), induced into having a baby early after receiving blood transfusions, and when the baby came out stayed in the hospital for another week. Blah Blah Blah . . .
All I know is I have insurance now, and the same doctors who suffered through my wife's 1st pregnancy are on my insurance plan. I am scared about the level of medical know how in Guatemala. In my experience I am upset and unsatisfied with what I have seen and gone through over there.
I wonder what these Mitigating factors will do? I hope they will help. I am currently getting all of my health and stress issues documented and finding documents of past episodes to add to my petition.
What do you all think about these Mitigating factors?
Also on page 10 of Laurel Scott’s document that I am referring to it talks about expediting of cases. My wife is due in November. I wonder if I got doctors notes backing up the severity of my wife's condition if they could expedite my petition?
Thanks for your time . . .
Guatemala Lover