I would need to know more about the underlying facts involved to be able to address this question and I would definitely advise either retaining or at the very least consulting with an attorney for an I-601.
Law Offices of Patrice Dziire
You need to write a clear and detailed letter explaining each situation and circumstance that will cause “extreme hardship”. It is not enough to say that the US Citizen will feel sad or miss the fiancé/spouse – this is “normal” hardship. The details provided in the letter as well as the evidence/documentation are the key, vital issues in the waiver process.
The best way to approach the hardship letter and evidence is to think about every aspect of how their life would change if they had to relocate permanently to their fiancé/spouses country. These arguments form the basis of the hardship letter.
Extreme hardship can be demonstrated in many aspects of your life such as:
HEALTH/MEDICAL - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your fiancé/spouse’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
PERSONAL CONSIDERATIONS - Close relatives in the United States; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
Any other situation that you feel may help you meet the burden of extreme hardship.
Include as much legitimate, detailed evidence as possible. For example, personal letters from your doctor, nurses, therapists, medical records, prescription information, etc.
An I-601 waiver is required when an applicant for an immigrant visa is inadmissible. Typical reasons for inadmissibility are fraud or the 3/10 year bar. The letter that you could write as a brother-in-law in my mind is a lot less important than your brother's letter in support of his spouse.
The topics you want to hit are 1) the bona fide nature of the marriage and 2) the extreme hardship your brother will suffer if his wife is denied residence. You want to make sure you give specific examples and not make general statements. Make sure your statements are based on your personal observations.
We are very experienced in getting I-601 waivers approved. We can give your brother and his wife an honest assessment as to whether she is a good candidate for approval.
Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.