My Plan - does it make sense?

[exploradora]

Alright, after gathering information from the two lawyers I've talked to and reading different websites (especially this one and visajourney.com), I think this is the plan.

I know no one can give legal advice, but tell me if this seems off-base.

1. File either a K-1 or K-3 visa (need to decide if we'll elope when I'm there next month or do a fiance visa so my family can meet him first).
2. He'll be denied.
3. We'll submit the waivers.
4. Hopefully, he'll be approved, probably through the U.S. Embassy in Nairobi.

Obviously, a lot of work will go into each of the four steps.

I think I might try to do the visa on my own, and then enlist help from an attorney for the waivers/hardship letter.

Feasible plan?

[Cherokee]

I think that sounds good. I did all the paperwork myself, and then have hired a lawyer for the waiver packet too.
Get ready to save your money!!!
The whole thing is much more expensive than I ever imagined! Also, keep in mind that if you decide to get married, you have to prove the validity of your marriage. So, you might have to stay there and live in Kenya.
But if you did fiance, you could come back and live in the US during the process.

[exploradora]

Very good point on the validity of the marriage, Cherokee. This is especially true since our relationship has been mostly long distance. It was a love at first sight thing, which is great for us and maybe not for immigration officials?

I was also just thinking that hardship won't be too hard to prove.

- health (malaria, lack of health care professionals, supplies, other diseases)
- safety (high crime, Mungiki - mafia/gang, political instability as of late)
- education (public schools are not stable, private schools expensive)
- language (I don't speak Swahili, but English is also an official language)
- employment/money (unemployment rate is 40%, hard for either of us to find jobs that pay sufficiently to raise a child and maintain a standard of living)

Just starting the brainstorming process.

Cherokee - I've heard the money is crazy. I was quote $4000 from attorney from start to finish (K-visa through adjustment of status) + government fees. So, like $7000 or more for everything. Crazy! Neither of us has that kind of money. My S.O. is lucky to have a job in Kenya, but his wages are nothing compared to what is needed in U.S. Dollars. He's trying to get a job with an international organization now, since they tend to pay better.

[Cherokee]

Very good point on the validity of the marriage, Cherokee. This is especially true since our relationship has been mostly long distance. It was a love at first sight thing, which is great for us and maybe not for immigration officials?

I was also just thinking that hardship won't be too hard to prove.

- health (malaria, lack of health care professionals, supplies, other diseases)
- safety (high crime, Mungiki - mafia/gang, political instability as of late)
- education (public schools are not stable, private schools expensive)
- language (I don't speak Swahili, but English is also an official language)
- employment/money (unemployment rate is 40%, hard for either of us to find jobs that pay sufficiently to raise a child and maintain a standard of living)

Just starting the brainstorming process.

Cherokee - I've heard the money is crazy. I was quote $4000 from attorney from start to finish (K-visa through adjustment of status) + government fees. So, like $7000 or more for everything. Crazy! Neither of us has that kind of money. My S.O. is lucky to have a job in Kenya, but his wages are nothing compared to what is needed in U.S. Dollars. He's trying to get a job with an international organization now, since they tend to pay better.

Yes, if you are not planning on staying in Kenya, I think the marriage route would be difficult. But I could be wrong.
I went the I-130 marriage route. The IV and initial fees were not too bad,
300 for the I-130? I can't remember, 400 for IV, 70 for something else.
770 let's say. Hubby's passport and photos. His original birth certificates 5 copies or something. Marriage license, everything. It all adds up.

Then the lawyer for the waiver is 6,000. I needed to use psychological toll as my hardship, so I had to go to a therapist she recommended, which has been another 1,075.

Waiver will be 545, medial 150-300, etc etc.
Then transportation and lodging in CDJ (so you would save there since your SO is in Kenya) in Nairobi?
I'd say my total will be about 10,000 dollars!!!!!!!!!!!
Yikes.


Also, you need to do more brainstorming about the hardships. Because you want them to be unique to you and your case. Brainstorm about stuff in your past, or your SO's past that could be presented as a hardship. I had panic attacks for example, and those could come back as a result of separation.

I recommend doing a consult with Heather Poole, she's my attorney. It's free. Or Laurel Scott. Heather's info is on pinkpig's signature.

[exploradora]

Thanks, Cherokee. I can personalize the hardships for sure. I looked at Heather Poole's website and think I'll at least do a consultation. It can't hurt. She'll probably have some insight as to which kind of visa (K-1 or K-3) would be most appropriate.

One attorney said yes to a K-1 and the other said no, so she'll break the 50-50 tie between the two opinions. :)

I feared it would be $10,000. That makes sense though.

Thank you!

[Rinner]

Elploradora- Your baby is absolutely beautiful! Good Luck with everything!

[exploradora]

Thank you, Rinner. :)


I am in the process of setting up a consultation with Heather Poole. We'll see what she says.

Does anyone know of any lawyers that have experience with East Africa? I imagine it doesn't really matter, but perhaps someone who knows a lot of info to help pump up the hardship letter.

I know when Mr. ExploraDora was deported, East Africans were sort of "hot" because of all the terrorist stuff going on in the Middle East and East Africa.

Back to researching this process some more...

:) E.D.

[Glühbirne]

This is especially true since our relationship has been mostly long distance. It was a love at first sight thing, which is great for us and maybe not for immigration officials?

:wave:
At my husband's interview in Mexico, they actually asked him if it was love at first sight. You have a kid together (and a gorgeous one if I do say so myself), so obviously your relationship is valid. I don't think you'll have too many issues.

It looks like you have a pretty solid understanding of the process you'll be going through, which is a great first step.

Good luck and keep us posted.

[exploradora]

I'm being a little OCD with all of this immigration stuff right now because I'll be in Kenya next month visiting my SO. Anyway, I called a local attorney listed on PinkPigs recommended attorneys link.

I will meet with him next week to clarify things, but he said it's not easy to get a waiver approved in Nairobi. He mentioned there being a lot of fraud. He also said not to do a fiance (K-1) visa as it only implies that we are talking about getting married, and that might not fly at the embassy in Nairobi because of all of the corruption.

So...that's what I have for today. I just might drive my fiance nuts with all of the immigration talk. Between immigration and my baby, I might become a very 2-dimensional person. (Sigh)

[exploradora]

I met with an attorney yesterday who has handled Kenyan cases. It wasn't great news. It wouldn't be impossible to have a waiver (or two or three) approved, but it's much harder in Kenya than other countries because of the high fraud rate.

It would cost $8-10K for something that is just as likely to not be approved as it is to be approved. My SO has a 20-year ban for unlawful presence (his overstay) and the deportation.

I'm beginning to think that finding another country to live in, maybe Kenya, is the way to go for now.

Life doesn't end at the borders of the U.S.

Thanks for all of your help and encouragement while I'm figuring this out!

-E.D.

[sunnysol]

Best wishes Exploradora! I'm glad that you are doing okay with such a difficult decision--It is not fair to your baby or you both to let borders stand in your way of being together. Sending you positive thoughts :)

[scastillo]

Wishing you the best exploradora!!! good luck

[Glühbirne]

I'm sorry you had to get such discouraging news about the waiver, but I also must say that I admire your bravery and your commitment to staying together as a family.

[arcoiris]

That's one beautiful baby. I can't get over him!

Best wishes to all of you!

[kilimanjaro]

exploradora,

You speakinfg of a 20 years ban... how did he end up with that??

Just curious to know.

By the way you (husband) are the 2nd person here with me of course with 20 years ban that I know of.

Stay optimistic.

[exploradora]

Thank you, everyone. We'll see. At this point, I think our best plan is for me to relocate. I'm a teacher, so hopefully I can get a job at international school somewhere. Some international schools pay well in that they provide housing for you, so your expenses are really low. Maybe then between my job and his, we can save some money to figure out immigration stuff here. Or, maybe immigration law will change! :)

Kili -
He has a 20 year ban for overstaying his visa (10 years for unlawful presence) and another 10 years for his deportation.

It's possible he might need another waiver for an indiscretion during college - he was caught with some weed and a pipe in college during a traffic stop. Dumbarse. Love him, but that just irritates me. It irritates me more that it counts against him and it happened so long ago. I can't figure out how to get the court papers on it either - I know he did community service for it and he thinks it was dismissed after that, but he can't remember. It was over 10 years ago, and courts only keep records for 7 years.

Where are you at, Kili? Tanzania?


Thanks for the compliments on my baby - I like her, too. :)

[arcoiris]

So sorry! HER!
She's beautiful!

[exploradora]

No problem - she's a baby. It's hard to tell if a baby is a boy or girl for a while, especially when they're not dressed in pink or blue!