J-1 waiver exceptional hardship!!!!!!

B

bluebird1

Registered Users (C)
Hello,

I desperately need an advice from the individual who have applied for the waiver on the basis of exceptional hardship to the husband. If you have been approved, how difficult was it? What should I specifically pay attention to make this work? What would be an exceptional hardship: decease or will psychological hardship count too?

Thank you soooo much for the answer!

bluebird1
 
I haven't had a case like this but I know it is more difficult if it is a spouse as opposed to child. You have to prove that living separately is "extreme" hardship. My understanding is that by extreme they mean that one spouse is completely dependant on other, can not go to the other's home country because of unavailability of whatever he/she needs to live. The same spouse should not be able to support him/herself when the other returns to home country. Pretty tough criteria and I am not sure if they weigh in on humanitarian reasons.
 
Well, thank you very much for your asnwer! I appreciate it.

Actually, that's how I think too, what could it possibly be that might be referred to the extreme hardship. This criteria is pretty vague and USCIS does not even provide any examples...:( I don't know what to do....

Thanks for reply, though...

bluebird1
 
My experience was with US Child waiver, but in general, the same ideas apply. You have to cover the subject from various angles - the more details, the better. This should include hardships with both scenarios, with your spouse following you to your contry, and then both of you getting separated. Psychological aspect will play an important role. You might want to get a professional evaluation report for this (they run pricy though - it costed me 750$). The medical aspect helps, but it is not a must. I would strongly recommend to have an attorney help you with the case. Personally, I would have had a very slim chance of getting approved by handling things myself. It is not that I wouldn't come up with complete personal statements and do a great research on the matter (who, like not us would know better about our countries), but there are other small details, that an attorney helps with, including but not limited to communicating with DOS with case inqueries, etc.

Another experience is that the application process is very stessful and time consuming. In addition, though the web interface from both DOS & USCIS is there to help, I found many instances where the information there was very misleading and not up to date.
 
Thank you very much for your response. Indeed, it was very helpful. I am looking for a good lawyer here in Columbus, and we found couple of them, even though we have no idea how good they are (their services are pricy though). I agree with you that the information on the websites are very misleading, and at times hard to understand.

Well, good luck with everything, and once again thank you very much for the insight.

bluebird1
 
You must log in or register to reply here.
Top