To win the waiver you need to show "extreme" hardship. I am a bit of a cocky guy and I like to say that I can take anyone's life apart and show why separation of them from their loved one is extreme hardship.
In your case, what is extreme hardship will depend on many factors. Who are you? What makes you who you are? What was your life like before you met your wife. What was it like when you lived with her? What has happened to you since she left? What were your plans for the future with her? If she is forced to remain in another country, what will become of you?
Regrettably I must tell you that your odds of achieving a waiver are much higher if you use an attorney who knows what he is doing, but no one can guarantee that your waiver will be granted.
Below I share the evidence list that I give to my waiver clients. You CAN win a waiver. Collect this information to support it.
In order to waive the inadmissability of one who remained in the United States for more than one year without permission, and then later left the country, the Immigration and Nationality Act requires that the United States citizen prove that the continued exclusion of the alien spouse would work an extreme hardship upon him. Citizenship and Immigration Services recognizes that separating any husband and wife would work a hardship. You need to prove why your circumstances arise to the level of “extreme” hardship.
You need to present evidence such as:
-- Letters from friends, family members and associates. These letter must include the letter writers original signature, date, address, phone number and citizenship status of the writer. A good letter written by one of these people will explain how they know the alien and United States citizen, and for how long they have known them. It will also be relevant to discuss the relationship between the United States citizen and the alien. A good letter will explain any changes the writer sees between the United States citizen now and the United States citizen he knew prior to their marriage to the alien. Specifically we need information about how the alien has made a beneficial impact on the life of the United States citizen, with examples of the changes wrought, if possible. The letter writer may also give their opinion about the impact that the separation of the alien and the United States citizen will have on the citizen.
--Medical, psychological records, letters from physicians and other records that could tend to show that the burden for extreme hardship for this United States citizen should be less than for others. Prior medical/psychological problems are good in a waiver case, in that they can show that the United States citizen needs the alien around to avoid these troubles.
--A letter from the United States citizen. This letter should talk about the alien and the relationship, and should attempt to draw a word-picture of the United States citizen before they met the alien (feeling “less than”) and the United States citizen since they met and married the alien (feeling “more than”). Any quality improvement in the United States citizens life that can be attributed to the alien’s assistance should be so attributed.
-- A letter from the alien. This letter is to show that the alien is a nice person who made a mistake. The alien should describe the events that led them to remain in the United States without permission, and should ask for forgiveness for their mistakes. The alien should also describe their relationship with the United States citizen, from beginning to end, and voice any worries they have about the United States citizen’s future, if they are not there to help.
Special circumstance information.
--Any other evidence you can think of to show that you are not an “average” couple, that the United States citizen needs the aliens companionship and assistance, and that mere separation is extreme hardship.
In addition to extreme hardship, the outcome of your application will also be impacted by mitigating factors, such as the fact that your fiance left the US voluntarily. Which consulate you are applying at could also affect the outcome.
Best of luck to you,
Patrice Dziire
Law Offices of Patrice Dziire
Winter Park, Florida
usimmigrationlaw.justia.net