We're in the consular process step of her immigration petition. Her tourist visa was cancelled more than a year ago because she was living in the US, although she always had her I-94 current. She's in Mexico right now. But although we don't know if she will need a waiver, what can I do now to begin preparing in case she does need one? It's been a nightmare being separated from her and our children. I have two pay double expenses, and my mental health is bad. I'm taking anxiety and depression medication. I've also lost work, because I can't concentrate. Also, I've been wanting to move to another state, but can't, because wife and children are in Tijuana, so being in San Diego is closer to them. Thanks.
Hire an immigration attorney and soon. Waivers are way to complicated to be handled pro se.
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Preparing a waiver depends on what the waiver is for. It is best to gather documents that show how she supports the family financially and emotionally. You may also need a psychological expert.
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Hire an experienced immigration attorney.
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1. Consult with an immigration attorney
2. Get a psychological evaluation from a licensed Marriage Counselor, Psychologist or Psychiatrist.
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I agree with my colleagues that it is best to retain an experienced immigration attorney. An attorney can review the case to determine if your wife will even require a waiver. In the interim, you need to obtain documentation of hardship.
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Save your self further mental anguish and hire an immigration attorney. Let your attorney take care of this for you. The last thing you want to happen is for additional delays in reunification because you did not consult with a professional.
It's not even clear that your wife qualifies for a waiver if she was ordered removed expeditiously because of misuse of visa. This is a very good reason for you to at least have a consultation with the lawyer.
In terms of just preparing to file a waiver. I would recommend that you bring the lawyer a complete copy of all medical records relating to you and your wife. A lawyer would probably also ask for a letter from a doctor. However, in my experience often times a letter from the doctor is not very helpful without some guidance from an attorney. So, it would be a waste of time to ask for it prior to speaking to a lawyer.
I agree with the others, you need to consult with an immigration attorney to first, make sure your wife is eligible to file a waiver. If she does, extreme hardship waiver cases deal with a variety of factors and issues that if prepared improperly may result in processing delays or even denial.