Complex Situation-Advise Needed!

S

Suave

New Member
Hey Guys,
Hoping I can get some solid advise with my situation. Here are the facts.

I am a USC. I met my Girlfriend in here in the US in 2008. She came in on I 94 in Sept 1998, and has remained out of status since her 6 month I 94 expired (I know-very long time). After 9 months of dating we had plans of getting married. However, her mom was fighting cancer and in Aug 2009, she took a very fast turn for the worst. She/we were in a tough situation as she got the call to get to her mom's side ASAP, as her mom was in her last days and could die at any time. We had no time to get married as my girlfriend left the next day. Her I 94 was taken by Immigration at the airport booth. As soon as she got back to her country, her mom died a few days later. I have gone to see her and we got married this August in her country. I have contacted a few lawyers after she left and they told me to just get married and file a waiver (I 160) and we can get her back. They all said we should have got married here, but too late for that. Now that i have read up on this process and really done some research, I see that things are not what the lawyer/liars had told me. Shame on me for not doing my homework first. I know this is going to be super difficult with 10 yr ban, (Filing for I-130) but I need some advise, assistance in dealing with this. Some other info about her is that while she was here, she never had any legal problems or ICE contact. She did work without permission. I have not filed anything yet as I am not sure of what or how to do this considering all the obstacles. Please advise. Thanks guys.
 
The waiver has a 99.9% chance of being denied. And you will need a lawyer and big bucks.

So make plans to spend 10 years in her country, or another country that will accept both of you.
 
From what I read it will be difficult but I hear it is possible. I just pray that by the grace of God it goes through. Anybody ever hear of good examples of "extreme hardships" that have been approved, or might be likely to be approved? Thanks for writing back and the advise.
 
Suave said:
From what I read it will be difficult but I hear it is possible. I just pray that by the grace of God it goes through. Anybody ever hear of good examples of "extreme hardships" that have been approved, or might be likely to be approved? Thanks for writing back and the advise.
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For now, what is the hardship you are enduring with her abroad? This is where you need to start. For example, if you had a child with her, and both we stuck abroad, you could have gone to her home country to bring back your child into the US, hire an attorney who has won such cases, because they are complex. Once you have the attorney, file for a waiver and demonstrate hardship to you and the child, lack of mother to help raise her. However, if you can start being competent in the use GOOGLE to search for I-601 cases and the foundation of their success, this will help you to think these issues better.

I am getting tired of who come to this board and want information shoveled to them, while they don't lift or share a square....lol!!!!!!!!!!!!
 
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Al Southner said:
I am getting tired of parasites who come to this board and want information shoveled to them, while they don't lift or share a square....lol!!!!!!!!!!!!
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Al Southner - You should know better considering you yourself are a valuable member of this board and help so many people in distress. It's unfair to call someone a parasite especially when they come to this board in distress.
 
Hey Al,
Well, from what I have looked up, we do have hardships we meet.
Her country is Colombia, there is unrest in her country and lot of kidnapping.
Being the wife of a USC places her in danger of being kidnapped.
The travel of the USC (me) to her country is a danger. Not to mention that I work for the Gov't here. We have no kids though.
I also read somewhere where due to the economic situation there may be of some help as well.
 
They don't care about the hardship to her. They care about if there is extreme hardship to a US citizen or permanent resident if she cannot be in the US.

What is the extreme hardship to you if you remain in the US while she is outside for 10 years? Separation for 10 years is not considered extreme hardship by USCIS standards. You need to show circumstances that make your situation much worse than the vast majority of others. Like if you are severely disabled and rely on her for day-to-day care.
 
Suave said:
I have contacted a few lawyers after she left and they told me to just get married and file a waiver (I 160) and we can get her back. They all said we should have got married here, but too late for that. Now that i have read up on this process and really done some research, I see that things are not what the lawyer/liars had told me.
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What do you mean, your lawyers are actually correct. You should have gotten married in the States. Now it's too late and it will be extremely difficult to get her back before 2020. I would say it's almost impossible, unless you have a dream team of lawyers (like OJ Simpson did) and big buck$$$
 
Suave - After reading all the posts, you have a chance of zero to none to bring her here. If you read al's post #6, even though a bit harsh makes the most sense. I don't think a paid lawyer would have thought of giving you such a good advice. Go to Colombia and get busy. Nine months later, you may find something to show to USCIS............
 
I have that as my option but want to make sure it would give better chance of getting the waiver approved. I want to see how much weight the whole child thing will have in getting it approved.
 
Suave said:
I have that as my option but want to make sure it would give better chance of getting the waiver approved. I want to see how much weight the whole child thing will have in getting it approved.
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I am sure there are no guarantees, but since you have nothing, something would be better...........
Kid/s shouldn't be optional, they are a blessing, have one and you'll know.............
 
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