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How I can prove that lack of finances in my case IS extreme hardship?

Brooklyn, NY |

I have a similar situation. I did not see my fiancee in the past two years in person. We talk on Skype regularly and want to get married ASAP. I can't visit him across the ocean because of my financial situation (I had a major surgery, was recovering from it three months, lost job, unemployment, new job, piles of bills). Can't afford $1000 + plane ticket. He can't come in the US because US government does not give VISAs easily. I-129F was denied because "lack of finances does not consider an extreme hardship." I'm in the US alone, have no family. There is no one around me I can borrow the money from. How I can prove that lack of finances in my case IS extreme hardship?

Attorney Answers 7

  1. Best answer

    Are you applying for a waiver? If so, you may have other circumstances that may qualify you to have extreme hardship. The standard is totality of the circumstances.
    1) emotional and mental
    2) financial and economic
    3) health physical
    4) personal

    You need to consult with an attorney to see if you qualify to apply under totality of circumstances.

  2. I am sorry .... that will not work.

    Have you two considered meeting in Canada, Mexico, or some other less expensive place for you to fly to?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. You should start by scheduling a consultation with an experienced immigration attorney as any other way will cause you to continue posting on public forums but will not move your case forward.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  4. Think about the question you post. How do you expect us to answer it without reviewing the entire record? I agree with Mr. Segal, you should indeed talk to an experienced immigration attorney.

  5. I agree with my colleagues. You really need to consult with an experienced Immigration Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  6. I agree that consulting with an experienced attorney is a good first step. You need to have documentation that supports your major surgery and loss of job. Hardship cases are hard to prove but the more documentation. i.e. a letter from your former employer, also emails are a good way to prove that the relationship is genuine. Again, consulting an attorney is a must in this situation.

  7. Sorry to hear about your situation. My suggestion is that you contact an immigration attorney for a consultation. Meeting with an immigration attorney will allow him or her to develop a full picture of your situation. Together, you and your attorney might be able to develop some ideas to help you and your fiancee get together and have a life together. Good luck.

    FREE INITIAL CONSULTATION AVAILABLE. Phone (646) 663-5902. Offices in Queens and Manhattan. Website located at Our responses on this site do not create an attorney-client relationship. Our responses on this website are for educational purposes only and should not be construed as legal advice. Immigration and nationality law is a complex area of law which requires careful review of a person's particular circumstances. Do not rely on any answers provided on this site to make a decision on your case. For proper legal advice, you may contact us for a free initial consultation.

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