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Thread: Should we even try? Together 1.5 yrs, married this year....

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    Unhappy Should we even try? Together 1.5 yrs, married this year....

    Looking for suggestions and or timeframes for filing i601 for my husband. I am USC and he EWI in 1995, no criminal record for either of us. We will have difficulty showing hardship as I am high earner and healthy 36 year old. We want to start the process early as we are eager to start a family. I have read so many denied letters and I just lose hope that we can even make a case.

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    Does he have or qualify for DACA? Was he ever the beneficiary of an immigration petition filed before 2001? Are you in the US military?
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    He was told he does not qualify for DACA as he aged out, his DOB is Nov 19, 1980. Based on guidelines cut off was 6/15/2012 (31.5 yrs old). He did come into the US when he was 15... He is not beneficiary of an immigrant petition before 2001 and I am not military... :/s

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    Should we even try? Together 1.5 yrs, married this year....

    Yes! You should most definitely try! My husbands i601 was approved and we also had little hardship...no kids, healthy, I have a good job and didn't need his income. It's not always about what the hardships are but how they are presented! My husband was gone for 15 months while we waited for his waiver approval but it was all worth it! He came home in 2009 and is now a US citizen! It's a long, draining process but it's so worth it in the end!


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    Ashley
    12/9/2009-Approved in Guatemala

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    As someone here once said everyone have hardships....find it
    do you have elderly parents you have to help, speak the language
    of your spouse country, and of course you mentioned having kids.You
    should read some hardship letters in that thread

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    I agree everyone has hardship, seems that mine are more emotional. I have read many letters that were denied, as well as examples of hardships requirement/guidelines. I dont even come close to what they had in terms of hardships - and they were denied! I am hopeful but know that once we start this there is no going back. We have no children, and we dont want to start a family before going through this. We are putting things on hold, and maybe that is the problem, too much emphasis on this.

    I have a small family here (I am from Nicaragua and most of my family is still there).
    He has a small family here, and his mom and brothers came shortly after his father was killed in Mexico. (that is his hardship)
    I speak Spanish and thankfully my parents are healthy.
    I do have a history of depression and given our situation that may be enough (has anyone read about this being a form of hardship?)

    I appreciate everyones input, I am trying to figure out our chances - but am realizing we must go for it!!!!

    - - - Updated - - -

    Quote Originally Posted by Aramire1 View Post
    Yes! You should most definitely try! My husbands i601 was approved and we also had little hardship...no kids, healthy, I have a good job and didn't need his income. It's not always about what the hardships are but how they are presented! My husband was gone for 15 months while we waited for his waiver approval but it was all worth it! He came home in 2009 and is now a US citizen! It's a long, draining process but it's so worth it in the end!


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    Thanks Ashley, congratulations!
    My husband is from Mexico, I can't imagine him being gone 15 months but that seems reasonable vs. 3-10 years... thank you for your encouragement! Can you share more about your hardship letter and areas you focused on? Did you have children at the time? I see he entered under asylum and went the I-130 route, not sure my hubby can do that.

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    Should we even try? Together 1.5 yrs, married this year....

    Quote Originally Posted by pig_turtle8081 View Post
    I agree everyone has hardship, seems that mine are more emotional. I have read many letters that were denied, as well as examples of hardships requirement/guidelines. I dont even come close to what they had in terms of hardships - and they were denied! I am hopeful but know that once we start this there is no going back. We have no children, and we dont want to start a family before going through this. We are putting things on hold, and maybe that is the problem, too much emphasis on this.

    I have a small family here (I am from Nicaragua and most of my family is still there).
    He has a small family here, and his mom and brothers came shortly after his father was killed in Mexico. (that is his hardship)
    I speak Spanish and thankfully my parents are healthy.
    I do have a history of depression and given our situation that may be enough (has anyone read about this being a form of hardship?)

    I appreciate everyones input, I am trying to figure out our chances - but am realizing we must go for it!!!!

    - - - Updated - - -




    Thanks Ashley, congratulations!
    My husband is from Mexico, I can't imagine him being gone 15 months but that seems reasonable vs. 3-10 years... thank you for your encouragement! Can you share more about your hardship letter and areas you focused on? Did you have children at the time? I see he entered under asylum and went the I-130 route, not sure my hubby can do that.
    I-130 is always the first step...it is just used to prove relationship. Sounds like your husband would maybe qualify for the I-601a waiver...where he can wait out waiver processing while still in the US and then just go back to Mexico for a few weeks to get his visa. The I-601a wasn't even around when we went through the process.


    The hardships I used were....all my family live here, I don't speak Spanish, wanting to further my education (I didn't really want to but if I did I would want to be in the US to do it &#128522, health insurance here, my 401k here. I think that was about it. So really nothing super strong. And no we did not have children.

    Depression can be used as a hardship if you have had a history of it before going through the process....a letter from your doctor would be needed.


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    Ashley
    12/9/2009-Approved in Guatemala

    1/21/2014- Officially a US Citizen

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    He appears to be a candidate - the hardship part is what I am having a hard time with.

    Ashley I did look at your journey, another question, unless I missed it, did you have a lawyer helping you with this process?

    I am looking to do this on my own, I dont see this as being rocket science and we dont have a lot of negatives that we need to get assistance with. I am pretty good at researching and know a bit more about where to get resources and information to help support us with education. I see a lot of files are really big and lengthy which is ok, nothing wrong with that, but I dont want to assume that is the standard for us. I do feel we have a lot of support from our family and friends and employers which will help. Additionally, this site is great and very encouraging. I am looking to apply in the next month or so. Ill keep reading your journey but any other pointers you used for your case would be great! Thank you!



    Quote Originally Posted by Aramire1 View Post
    I-130 is always the first step...it is just used to prove relationship. Sounds like your husband would maybe qualify for the I-601a waiver...where he can wait out waiver processing while still in the US and then just go back to Mexico for a few weeks to get his visa. The I-601a wasn't even around when we went through the process.


    The hardships I used were....all my family live here, I don't speak Spanish, wanting to further my education (I didn't really want to but if I did I would want to be in the US to do it ��), health insurance here, my 401k here. I think that was about it. So really nothing super strong. And no we did not have children.

    Depression can be used as a hardship if you have had a history of it before going through the process....a letter from your doctor would be needed.


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    Should we even try? Together 1.5 yrs, married this year....

    We did have a lawyer, however, right before we turned in our waiver I discovered this site and figured out that our lawyer didn't know much about I-601 waivers! I spent the next week completely rewriting my hardship letter after the lawyer had told me my 1.5 page letter was good enough! Ugh!! Can't imagine what would have happened if I never would have found this site and turned in my original letter...my hubby would probably still be in Guatemala! She did help us a lot while he was in removal proceedings and getting started with the I-130 and all that because I was completely clueless but once I got educated on immigration I took over!


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    Ashley
    12/9/2009-Approved in Guatemala

    1/21/2014- Officially a US Citizen

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    Agree, this has been the best site ever! I stay up late at night trolling the internet for guidance and just others' experience. I appreciate you replying back to all my questions!

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