Immigratin law, lost wife because I-601 waiver didn't have enough hardship

Asked over 6 years ago - Dallas, TX

My wife and I went to American Consulate in Juarez Mexico on 3/5/2008 for her Immigrant visa interview. We have been married for 20 months and have a 2 years old daughter. After the Visa interview was approved she was given another appointment for her to give the I-601 waiver because she was here in the U.S ilegally. On 3/14/2008 we went to her appointment so she could apply for the I-601 waiver. Unfortunatly her I-601 waiver didn't have enough Hardship on it according to them and she had to stay in Mexico. The letter that was given to us said that I could send more hardship evidence with in 30 and that they would send me a letter in 30 days with their decision. All of this is causing me alot of health problems. I have known my with since Dec. 2003 and been married for 20 months. It's been very hard on the loss of my wife and daughter. I'm suffering trauma, stress, and drepression because I don't have my family with me. I sent a letters of my Dr. and my Counseler explaining my difficultys that I am having been alone in our home. My dauther and I are U.S citizens and would like to know what can I do to help my wife get her visa? My wife and daughter are in Mexico and I'm all alone here in the U.S. I need to know what else I need to do to show the U.S citizenship and Immigrantion services that this situation could leave me mentaly handicaped because I'm worried about my wife and daughter been kidnapped or violated in Mexico since they have no relatives over there to protect them. I'm here in the U.S working so I can continue with all of our home payments. I'm scared of my health and that this situation could take to long and my wife and I would be traumatized by it. Thanks for you time.
Max

Attorney answers (2)

  1. Eli Mayer Kantor

    Contributor Level 14

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    Lawyers agree

    14

    Answered . You need to convince them that there will be extreme hardship to you the "US Citizen". You can do that in various ways. I suggest obtaining a letter from a psychologist describing the extreme hardship to you - how it has effected you and your 2 year old daughter. Also, the hardship that you would suffer if you were forced to move to Mexico in order to reunite the family, financially, emotionally, etc.

  2. Joshua Daley Paulin

    Pro

    Contributor Level 9

    3

    Lawyers agree

    10

    Answered . Generally, when trying to get an I-601 approved, you need to show that not only would it be an extreme hardship for the two of you to be separated by a border-- it must also be a hardship for you to go to your wife's country. Financial hardship isn't as compelling evidence of extreme hardship. However, Ciudad Juarez has a reputation of being one of the better places to get a 601; as you live in Texas, you should be able to find a local attorney with experience at that consular post. Good luck!

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