If you are preparing a USCIS FORM I-601, Applicatiion for Waiver on Grounds of Inadmissibility then this document is a must read. Unfortunately my russian bride was found to be inadmissible during our I-485 interview in Memphis and her waiver has been filed. It is a very anxious wait. But, this article at least gave me some very good insight on how to go about preparation of the extreme hardship waiver.
Immigration By Marriage – An Overview of I-601 Waivers and Extreme Hardship By Laurel Scott
Also of interest are some extreme hardship links.
Anyone dealing with a spouse that has been found inadmissible to the United States and is dealing with USCIS Form I-601, Application for Waiver of Grounds of Inadmissibility, should use the following link if you want to know what has previously been decided by the Administrative Appeals Office (AAO):
- Administrative Decisions – This site is a little hard to read, but you will need to scroll down to H1 – Waiver of excludability and H2 – Waiver of excludability . It took a long time to find this information and I hope you find it helpful. It has not been updated for any 2010 appeals.
This is very useful information if you are dealing with marriage based immigration and inadmissibility. Of particular interest to me is the following which deals with an appeal associated with the applicant who was found inadmissible to the United States pursuant to section 212(a)(6)(C)(i). A pdf link is provided here, Jan162009_01H1212. This ruling is dated January 16, 2009 and could provide helpful to anyone dealing with inadmissibility under 212(a)(6)(C)(i),
Section 212(a)(6)(C)(i) of the Act provides:
In general – Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
I live in a small rural town in Tennessee. My wife is very eager to learn the english language. I could not believe when I was able to ascertain via the internet that English as a second language (ESL) was being taught in the nearby city of Lawrenceburg, TN. Turns out, it is being funded by the Department of Labor. Of course, my wife is the only and first ever Russian student for the school. My wife has been very eager to learn the language since our marriage. She wants to find a job and is very dedicated. Her immigration paperwork is pending for her to become a legal permanent resident (LPR); also know as the green card.
Forms that I filed in January of 2010 for my Russian wife:
Form I-130, Petition For Alien Relative – When this form is approved, it is recognition by the United Government that the marriage exists and is valid.
Form I-485, Application To Register Permanent Residence or Adjust Status – Briefly, this is the “green card” application.
Form I-765, Application for Employment Authorization - Needed for employment in the United States. Also, when approved your spouse will be issued an Employment Authorization Document (EAD) which can be used to obtain their Social Security number and card.
Form G-325, Biographic Information – This form is used for basic information. My opinion it is redundant to the other forms but it is supposedly required. By the way, two of these forms need to be completed; one for the United States citizen and one for the alien spouse.
Form I-864, Affidavit of Support – This one is for the United States citizen to prove they can support their alien spouse.
Instructions are also available for each form via the links above. Make sure to read the instructions very thoroughly and double check all the forms prior to submitting.
Welcome to Immigration By Marriage. This sight will chronicle my personal journey to assist my Russian wife in immigration to the United States following our marriage.
She was visiting her daughter in Cincinnati when we met. I was living in Tennessee. We met via the internet through a Russian website, singles.ru. Our marriage was in December of 2009. I had absolutely no knowledge of immigration law and the paperwork involved.