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Thread: What is EXTREME HARDSHIP to win an I-601 ??

  1. #1
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    Default What is EXTREME HARDSHIP to win an I-601 ??

    Thank you for all who wrote with advice and support with out recent
    denial of John's I-601 waiver...it means the world to us....and
    frankly we have been walking zombies....but fighting back!!!

    Alerted the media, newspaper, TV, congressman and pulled a favor with
    a friend who's cousin who works at INS in Atlanta.

    But just for my clarification....what is extreme hardship exactly???
    To them....not to us...as we know...the daily heartbreak of living
    apart...the expense and eternal limbo.

    The list on Doc Steens site seems to be outdated, I listed about 80%
    of those reasons and still we were denied.

    Does anyone have a research on this? Seems to me extreme hardship is
    a relative term. I feel like Ive been thru the ringer only to be hit
    by a bus.

    Amazingly, my marriage is stronger than ever...and even if he never
    gets here....I will always remain Mrs. Schutte. That, they can not
    take away from me.

    Prayers for everyone not with their sweetie tonight xxoo Kelly & John
    Schutte

  2. #2
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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Kelly & John Schutte
    Thank you for all who wrote with advice and support with out recent
    denial of John's I-601 waiver...it means the world to us....and
    frankly we have been walking zombies....but fighting back!!!

    Alerted the media, newspaper, TV, congressman and pulled a favor with
    a friend who's cousin who works at INS in Atlanta.

    But just for my clarification....what is extreme hardship exactly???
    To them....not to us...as we know...the daily heartbreak of living
    apart...the expense and eternal limbo.

    The list on Doc Steens site seems to be outdated, I listed about 80%
    of those reasons and still we were denied.

    Does anyone have a research on this? Seems to me extreme hardship is
    a relative term. I feel like Ive been thru the ringer only to be hit
    by a bus.

    Amazingly, my marriage is stronger than ever...and even if he never
    gets here....I will always remain Mrs. Schutte. That, they can not
    take away from me.

    Prayers for everyone not with their sweetie tonight xxoo Kelly & John
    Schutte


    I read that it is indeed "extreme" not "unusual" hardship which
    is required.



    The closest I have have been able to come to fathoming out what exactly
    may be required was in the reading of a few removal/deportation cases
    where the relief requested was not granted as the court determined that
    "the hardship suffered would not be different than that which occured as
    a normal consequence of removal/deportation".


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  3. #3
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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Kelly & John Schutte
    Thank you for all who wrote with advice and support with out recent
    denial of John's I-601 waiver...it means the world to us....and
    frankly we have been walking zombies....but fighting back!!!

    Alerted the media, newspaper, TV, congressman and pulled a favor with
    a friend who's cousin who works at INS in Atlanta.

    But just for my clarification....what is extreme hardship exactly???
    To them....not to us...as we know...the daily heartbreak of living
    apart...the expense and eternal limbo.

    The list on Doc Steens site seems to be outdated, I listed about 80%
    of those reasons and still we were denied.

    Does anyone have a research on this? Seems to me extreme hardship is
    a relative term. I feel like Ive been thru the ringer only to be hit
    by a bus.

    Amazingly, my marriage is stronger than ever...and even if he never
    gets here....I will always remain Mrs. Schutte. That, they can not
    take away from me.

    Prayers for everyone not with their sweetie tonight xxoo Kelly & John
    Schutte


    My prayers for you and your loved ones.



    I hope that you manage to get this "sorted out" and quickly too.


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Kelly & John Schutte

    But just for my clarification....what is extreme hardship exactly???


    Hi:



    The case law describes it a incapable of precise defintion.



    As I have mentioned elsewhere, I have noted that adjudicators seem to
    think there is a static idea of "extreme hardship" -- however, the case
    law shows that it is a DISCRETIONARY factor. Although extreme hardship
    is a REQUIRED discretionary factor, the law shows that all
    discretionary factors must be considered in relation to ALL OTHER
    discretionary factors.



    So lets say the waiver is needed for an overstay -- how long ago was
    the overstay, how long was the overstay for, was the overstay one for
    purely technical reasons. IOW, the less extreme the "violation" the
    less is required for hardship to be "extreme." The hardship can be
    extreme in one context and the same hardship in another context may not
    be extreme at all.


    --
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    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization


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    Default What is EXTREME HARDSHIP to win an I-601 ??

    doctor scrumpy <member7547@britishexpats.com> wrote in message news:<872010.1058208235@britishexpats.com>...
    Seems your John needs to learn spanish, grow a dfodgy moustache & sneak in from mexico ! Why do they try so hrd to keep the decent people out ?

    I dont know!! We ask ourselves that allllll the time...especially
    when you see obvious illegals....we are doing the paperwork, paying
    the fees, living apart and they just walk over. Granted, risking
    their lives...but still, they are here and no one stops them.

    We have considered Mexico, as when John and I 1st started writing each
    other, I was living in Southern AZ, and we traveled there when he came
    to visit me on the VWPP April 2001. He did not like it at all~!!!
    Border towns are a little scary. And with his dyslexia, English is
    tough enough, to learn Spanish...would be impossible.

    Thanks for the idea though!!!

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    Default What is EXTREME HARDSHIP to win an I-601 ??

    lairdside <member5824@britishexpats.com> wrote in message news:<872029.1058208728@britishexpats.com>...
    Originally posted by Kelly & John Schutte
    Thank you for all who wrote with advice and support with out recent denial of John's I-601 waiver...it means the world to us....and frankly we have been walking zombies....but fighting back!!! Alerted the media, newspaper, TV, congressman and pulled a favor with a friend who's cousin who works at INS in Atlanta. But just for my clarification....what is extreme hardship exactly??? To them....not to us...as we know...the daily heartbreak of living apart...the expense and eternal limbo. The list on Doc Steens site seems to be outdated, I listed about 80% of those reasons and still we were denied. Does anyone have a research on this? Seems to me extreme hardship is a relative term. I feel like Ive been thru the ringer only to be hit by a bus. Amazingly, my marriage is stronger than ever...and even if he never gets here....I will always remain Mrs. Schutte. That, they can not take away from me. Prayers for everyone not with their sweetie tonight xxoo Kelly & John Schutte
    I read that it is indeed "extreme" not "unusual" hardship which is required. The closest I have have been able to come to fathoming out what exactly may be required was in the reading of a few removal/deportation cases where the relief requested was not granted as the court determined that "the hardship suffered would not be different than that which occured as a normal consequence of removal/deportation".


    Thanks for the idea...we have been reading cases...but I wonder, would
    it be the same reasons for obtaining a visa? We would love to be in
    deportation....at least he'd be here!!!!! And it seems they did value
    the children in those decisions, not asking them to go to countries
    where they didnt know the native language or would disrupt their
    education. They can stay here and go to school, they would prefer
    mine live motherless!!

  7. #7
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    Default What is EXTREME HARDSHIP to win an I-601 ??


    This is a major worry, I have sent my forms in to London & have an
    interview date. My problem is that I was dumb in the 1980s, and have 7
    convictions from 1982 - 89 and 1 from 1999. Some were for petty theft,
    but the latter ones were for threatening behaviour and being in a
    fight. Classic cases of being the bigger of the two involved & getting
    the blame.



    I was advised that I would not get a k-1 but should apply for the I-601
    as I have a chance of it on extreme hardship.



    Seriously, is it worth the effort of filling in the 601, let alone
    paying the £ 130 fee ? If this guy was refused for 1 conviction 18 years
    ago, what chance do I have with 8 to my name ? It is ridiculous, ok I
    was wrong to do what I did, not denying that but sshould incidents
    committed over 20 years ago count against you ?



    For the record I recieved non-custodial sentences in each case, fines or
    probation etc. Any thoughts gratefully recieved



    Many Thanks



    John K


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    It seems to me that some common policy is long overdue between the USA
    and UK regarding 'spent' offences. Its time that people who have rebuilt
    their lives should be shown some consideration? Are USA/UK not supposed
    to be the BEST buddies in the known world??? So why the animosity?



    If our offence is SPENT why keep opening old wounds? I admire the US in
    so many ways and understand their policies after 9-11. But please can
    they wake up and smell the coffee when it comes to PAST offences and
    start living in the 21st Century? What is past is OVER, let people
    rebuild their lives........give them a CHANCE



    The truth is keeping a man and wife separated is, in the eyes of the
    Vatican and the Pope the WORST OFFENCE that can be comitted!!!! INS
    please take note.



    My thoughts and prayers are with you all.


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by picard
    It seems to me that some common policy is long overdue between the USA and UK regarding 'spent' offences. Its time that people who have rebuilt their lives should be shown some consideration? Are USA/UK not supposed to be the BEST buddies in the known world??? So why the animosity?

    If our offence is SPENT why keep opening old wounds? I admire the US in so many ways and understand their policies after 9-11. But please can they wake up and smell the coffee when it comes to PAST offences and start living in the 21st Century? What is past is OVER, let people rebuild their lives........give them a CHANCE

    The truth is keeping a man and wife separated is, in the eyes of the Vatican and the Pope the WORST OFFENCE that can be comitted!!!! INS please take note.

    My thoughts and prayers are with you all.


    Many US citizens are in no different a situation - stripped of their
    civil rights decades ago, with no hope of their return, despite having
    fully paid their debt to society. A treaty to allow immigrants to
    obtain a forgiveness in practical terms that many US citizens cannot
    doesn't make sense.



    It requires a rethinking of the US' approach to the notion of punishment
    and rehabilitation IMO. Once that occurs, immigrants and non- alike
    will benefit.



    On the other hand, I expect no such enlightment during my remaining
    lifetime. I love my beloved country. But when it comes to common
    sense, it has been lacking for hundreds of years.


    --
    Dekka's Angel


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Also don't forget, Americans emigrating to the UK are not asked for
    proof of a clean police record. In fact, even on the ILR form I seem to
    remember it asked only for details of prison sentences, not fines or
    probation.


    --
    Married to an American


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Kelly, will John still be able to get into the US on visits, or not?


    --
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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Who is Doc Steen, and where is his site ?


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    Default What is EXTREME HARDSHIP to win an I-601 ??

    john K <member13019@britishexpats.com> wrote in message news:<872274.1058221563@britishexpats.com>...
    This is a major worry, I have sent my forms in to London & have an interview date. My problem is that I was dumb in the 1980s, and have 7 convictions from 1982 - 89 and 1 from 1999. Some were for petty theft, but the latter ones were for threatening behaviour and being in a fight. Classic cases of being the bigger of the two involved & getting the blame. I was advised that I would not get a k-1 but should apply for the I-601 as I have a chance of it on extreme hardship. Seriously, is it worth the effort of filling in the 601, let alone paying the £ 130 fee ? If this guy was refused for 1 conviction 18 years ago, what chance do I have with 8 to my name ? It is ridiculous, ok I was wrong to do what I did, not denying that but sshould incidents committed over 20 years ago count against you ? For the record I recieved non-custodial sentences in each case, fines or probation etc. Any thoughts gratefully recieved Many Thanks John K


    Hi John....great name...lol....I would always try...I dont regret
    trying and fighting for my family ... that I will never give up on.
    Do I feel hopeless at times? Yes, thanks to INS/BCIS. Can I walk
    away from the love of my life? Not an option, just like I must keep
    my children with me.

    Alot depends on the person reviewing your case. Definately find an
    attny experienced in Waivers/Criminal Law. I have personally seen
    other waivers go thru with much worse crimes.

    Feel free to write me directly, kellyschutte@hotmail.com or
    mr_mrs_schutte@hotmail.com and write to my husband.

    Good luck...and please let me know if you dont mind. We can not let
    them win!!!!!!!

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    Default What is EXTREME HARDSHIP to win an I-601 ??

    picard <member12859@britishexpats.com> wrote in message news:<872449.1058235806@britishexpats.com>...
    It seems to me that some common policy is long overdue between the USA and UK regarding 'spent' offences. Its time that people who have rebuilt their lives should be shown some consideration? Are USA/UK not supposed to be the BEST buddies in the known world??? So why the animosity? If our offence is SPENT why keep opening old wounds? I admire the US in so many ways and understand their policies after 9-11. But please can they wake up and smell the coffee when it comes to PAST offences and start living in the 21st Century? What is past is OVER, let people rebuild their lives........give them a CHANCE The truth is keeping a man and wife separated is, in the eyes of the Vatican and the Pope the WORST OFFENCE that can be comitted!!!! INS please take note. My thoughts and prayers are with you all.

    I agree whole heartedly. EVERYONE even people at INS make
    mistakes....and have something they regret in their past. Law
    makers...well, their mistakes are out in the open, but still, they
    hold office and make laws that keep families apart. I am an United
    States Citizen, born and raised. God blessed me with John and my
    children. I cant believe they expect me to chose. My children live
    in limbo...my husband feels responsible, but I will always blame INS.

    Everyone is allowed a 2nd chance.

    We have given the illegals legal status, if they have been here long
    enough. Lets see? Break the law long enough and you can stay? How
    is that fair?

    Good Luck to you - Kelly & John

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    Default What is EXTREME HARDSHIP to win an I-601 ??


    The irony being that the president himself is a convicted thief. He
    stole xmas trees !


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    I just emailed you!



    Bush stole xmas trees?? How did I miss this??



    All I know is that I'm switching parties.. I'm no longer going to be a
    Republican.. haven't decided what I'm switching to though.


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Can someone help with a few answers to 601 question please. Who actually
    fills in the form ? Me in uk or fiancé in the us ?


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by john K
    Can someone help with a few answers to 601 question please. Who actually fills in the form ? Me in uk or fiancé in the us ?


    Hi:



    Either one. However, the form is easy. It is in the supporting
    documents and legal briefing that the REAL work comes in.


    --
    Certified Specialist
    Immigration &amp; Nat. Law
    Cal. Bar Board of Legal Specialization


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    Default What is EXTREME HARDSHIP to win an I-601 ??

    MrsLondon <member8908@britishexpats.com> wrote in message news:<872744.1058260504@britishexpats.com>...
    Kelly, will John still be able to get into the US on visits, or not?
    Hello...no, he will not be granted a visa nor can he travel on the
    VWPP anylonger I dont know exactly what is written, but they have it
    in his passport....he is too much of a risk to stay if he got here.

    Thanks for asking

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    Default What is EXTREME HARDSHIP to win an I-601 ??

    BeachBunny <member11076@britishexpats.com> wrote in message news:<873115.1058284724@britishexpats.com>...
    I just emailed you! Bush stole xmas trees?? How did I miss this?? All I know is that I'm switching parties.. I'm no longer going to be a Republican.. haven't decided what I'm switching to though.
    I know!! I got your emails....and Im soooo glad to find someone else
    living this life....

    Funny thing? Bush stealing trees? ha ha

    I read your letter....WOW....what a story...has your attny seen it?
    and feel you should edit, remove or add anything? What feels
    important to us, might not be best to tell....

    I will definately not ever forget your story ..... please keep in
    touch and let me know....Kelly & John

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    Default What is EXTREME HARDSHIP to win an I-601 ??


    There's a forum in ilw.com that has a long thread about this topic. The
    supporting documents are very important such as order from court,
    notarized letters, etc.



    Hope this helps.


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Kelly & John Schutte
    What is your situation? Are you worried about getting here and then
    being deported?

    Thanks for the offer to post anything you find...John has come across
    some good info this past week on the net...if you like? I can email
    it to you.

    I know our paperwork fell on to a strict conoff....as the consulate
    general in Auckland wrote to approve.....

    All I can think to do, is create some media attention. I have 2
    newspaper articles written on a local man here...and the story of his
    Russian bride....after the article was printed....her visa was granted
    3 days later....so, I am begging and pleading with the reporters.

    Also, writing the ACLU to see if my civil liberties were stepped on
    in anyway.

    Good luck to you and yours...


    Good Luck to you both.



    It's difficult for most people to swallow the fact that the government
    would do this to people, but they do and IMHO will continue to do so
    until something is done about it.



    Why? Because they can.



    No easy task but not insurmountable I am sure.



    Perhaps if I do a good enough job of writing my doctoral thesis on this
    and similar matters (it's all up in the air with my supervisor is
    pointing me in that direction for consideration, I have a while to go
    yet before I start in on things) I will be able to convince someone to
    give me a job (and a grant) to do research.



    Do you think that people would mind?


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Any chance of seeing a rough copy of it BB ? So others have a rough idea
    of what they are aiming at ?



    Amazing how in Kiwi John's case a sinlge incident 18 yrs ago can
    comeback and wreck 2 lives. I can olny assume that the gentleman is not
    the same character he was then ?



    Good luck in London monday, you best bring your umbrella, rain is due,
    we have had more than one day of sunshine this summer lol



    Cheers


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    Default What is EXTREME HARDSHIP to win an I-601 ??

    blessedone <member4608@britishexpats.com> wrote in message news:<873615.1058310585@britishexpats.com>...
    There's a forum in ilw.com that has a long thread about this topic. The supporting documents are very important such as order from court, notarized letters, etc. Hope this helps.
    I will check it out....I did send notorized letter from my ex, who
    states he will never give up custoday and the fact that as 2 of my
    children are under 14 I can not even obtain a passport w/o his
    signature. I included my divorce decree that specifically states, I
    can not take the children more than 100 miles from him and ESPECIALLY
    New Zealand....its court ordered....what more can I do?

    Soon my ex and I enter into mediation for an increase in childsupport,
    I will ask a 2nd judge to rule and comment...maybe an up to date
    document will help?

    Thanks for your input...never know what will work!!! Kelly & John

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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Your ex got custody ? Geesh bet that was NOT the UK court then.



    Wishing u best of luck with the appeals, makes ya laugh, the USA deals
    with or funds some of the scum of the world when it suits, but sod them
    that just want to be with the one they love, and make something of
    their lives.



    Doc


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Kelly & John Schutte
    ....I did send notorized letter from my ex, who states he will never give up custoday and the fact that as 2 of my children are under 14 I can not even obtain a passport w/o his signature. I included my divorce decree that specifically states, I can not take the children more than 100 miles from him and ESPECIALLY
    New Zealand....its court ordered....what more can I do?

    Soon my ex and I enter into mediation for an increase in childsupport, I will ask a 2nd judge to rule and comment...maybe an up to date document will help?


    Do you have a lawyer in your family law case? If not I highly recommend
    you get one. Tacking on requests for substantive custody changes "off
    the cuff" as part of asking for more money is seen by many family law
    judges, at least in my jurisdiction, as highly manipulative parental
    behavior. I don't recommend it to my clients. If the issue is physical
    custody/relocation, bring your motion based on physical
    custody/relocation and leave your ex's money out of it (except as it is
    affected as a byproduct of the custody change). If the issue is
    support, pursue support and keep the relocation question separate.



    No, a general dissolution order assigning legal and physical custody
    rights is not the same thing as a court order saying "You cannot take
    the children to New Zealand even though your present husband cannot
    obtain a visa to live in the US with you". Custody orders are
    changed all the time, based on changing circumstances. If you
    haven't had a motion and/or hearing on that specific question, the
    question is not decided.



    Assuming your description is accurate, I have to wonder what facts led
    to the divorce decree that you describe: to wit, one which says
    specifically that you "can't take the children more than 100 miles away
    and ESPECIALLY to New Zealand". A court is highly unlikely to enter
    such a specific order in a divorce situation unless the issue came up
    beforehand and (a) you agreed to it in advance (in which case you have
    no basis to complain being separated from your kids now; especially if
    you knew there was a possibility your new romantic partner might not be
    allowed to immigrate to the US, which anyone who has to file a waiver
    request has to know even if they don't want to believe it or accept it)
    or (b) following a hearing and evidence on that specific question, the
    court found that it was in the best interests of the *children* that
    they not be allowed to go more than 100 miles away with you or relocate
    with you to New Zealand, for whatever reasons the Court set forth.



    You do not give enough details, So I do not know which if any of these
    scenarios is true. I do not know what type of custody situation you are
    in. I have no idea what your divorce decree literally says. Or *why*
    it says what it says (although if it is at the level you claim, there
    was a reason, which you have not disclosed). I do not know if it is by
    stipulation (agreement) or ordered following hearing and/or trial. Nor
    what state all this is taking place in.



    Nor do I need to know these things to recommend the following to you.



    You need to take a deep breath. I realize you are highly emotional
    about this situation, rightfully so. But in trying to tell your story
    about your kids connected to the issue of your husband's immigration you
    are jumbling all sorts of distinct custody concepts all together. The
    resulting confusion makes it impossible to sort things or make a cogent
    suggestion to you. If you're like this writing things down to
    strangers, I can only imagine how you are trying to handle this on the
    ground with your ex- and the "system."



    You need a family lawyer if you are going to evaluate this. That's
    someone who can remain somewhat calm and sort what to do, recognizing
    that emotionally you are in a shooting match and might not be
    reasonably expected to do the same. Although to the extent you can, it
    will help I suspect.



    Have I mentioned that you need a family lawyer? Ideally one that also
    has experience in immigration law and custody issues?


    --
    Dekka's Angel


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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Dekka's Angel
    Do you have a lawyer in your family law case? If not I highly recommend you get one. Tacking on requests for substantive custody changes "off the cuff" as part of asking for more money is seen by many family law judges, at least in my jurisdiction, as highly manipulative parental behavior. I don't recommend it to my clients. If the issue is physical custody/relocation, bring your motion based on physical custody/relocation and leave your ex's money out of it (except as it is affected as a byproduct of the custody change). If the issue is support, pursue support and keep the relocation question separate.

    No, a general dissolution order assigning legal and physical custody rights is not the same thing as a court order saying "You cannot take the children to New Zealand even though your present husband cannot obtain a visa to live in the US with you". Custody orders are changed all the time, based on changing circumstances. If you haven't had a motion and/or hearing on that specific question, the question is not decided.

    Assuming your description is accurate, I have to wonder what facts led to the divorce decree that you describe: to wit, one which says specifically that you "can't take the children more than 100 miles away and ESPECIALLY to New Zealand". A court is highly unlikely to enter such a specific order in a divorce situation unless the issue came up beforehand and (a) you agreed to it in advance (in which case you have no basis to complain being separated from your kids now; especially if you knew there was a possibility your new romantic partner might not be allowed to immigrate to the US, which anyone who has to file a waiver request has to know even if they don't want to believe it or accept it) or (b) following a hearing and evidence on that specific question, the court found that it was in the best interests of the *children* that they not be allowed to go more than 100 miles away with you or relocate with you to New Zealand, for whatever reasons the Court set forth.

    You do not give enough details, So I do not know which if any of these scenarios is true. I do not know what type of custody situation you are in. I have no idea what your divorce decree literally says. Or *why* it says what it says (although if it is at the level you claim, there was a reason, which you have not disclosed). I do not know if it is by stipulation (agreement) or ordered following hearing and/or trial. Nor what state all this is taking place in.

    Nor do I need to know these things to recommend the following to you.

    You need to take a deep breath. I realize you are highly emotional about this situation, rightfully so. But in trying to tell your story about your kids connected to the issue of your husband's immigration you are jumbling all sorts of distinct custody concepts all together. The resulting confusion makes it impossible to sort things or make a cogent suggestion to you. If you're like this writing things down to strangers, I can only imagine how you are trying to handle this on the ground with your ex- and the "system."

    You need a family lawyer if you are going to evaluate this. That's someone who can remain somewhat calm and sort what to do, recognizing that emotionally you are in a shooting match and might not be reasonably expected to do the same. Although to the extent you can, it will help I suspect.

    Have I mentioned that you need a family lawyer? Ideally one that also has experience in immigration law and custody issues?


    Hi:



    I second Angel's comments 100%. Also, if the family law attorney is not
    conversant in immigration law -- they should be able to swallow their
    pride and consult with an immigration lawyer. I have had many cases
    where I have sent clients to a family law attorney and we consulted with
    each other on what was needed and what could be done.


    --
    Certified Specialist
    Immigration &amp; Nat. Law
    Cal. Bar Board of Legal Specialization


    Posted via http://britishexpats.com

  28. #28
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    Default What is EXTREME HARDSHIP to win an I-601 ??

    doctor scrumpy <member7547@britishexpats.com> wrote in message news:<874345.1058354951@britishexpats.com>...
    Your ex got custody ? Geesh bet that was NOT the UK court then. Wishing u best of luck with the appeals, makes ya laugh, the USA deals with or funds some of the scum of the world when it suits, but sod them that just want to be with the one they love, and make something of their lives. Doc
    Sorry if I wasnt clear...I have court ordered physical custody of
    three children, aged 11-14 and 17.

    John made an error in judgement 18 yrs ago...and yes, its unfair to be
    still paying for it today. His character reference letters brought a
    tear to his eye, he is an awesome man and would be an asset here.
    Yes, I agree....with your sentiment although.

  29. #29
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    Default What is EXTREME HARDSHIP to win an I-601 ??

    Dekka's Angel <member8849@britishexpats.com> wrote in message news:<874442.1058359794@britishexpats.com>...
    Originally posted by Kelly & John Schutte
    ....I did send notorized letter from my ex, who states he will never give up custoday and the fact that as 2 of my children are under 14 I can not even obtain a passport w/o his signature. I included my divorce decree that specifically states, I can not take the children more than 100 miles from him and ESPECIALLY New Zealand....its court ordered....what more can I do? Soon my ex and I enter into mediation for an increase in childsupport, I will ask a 2nd judge to rule and comment...maybe an up to date document will help?
    Do you have a lawyer in your family law case? If not I highly recommend you get one. Tacking on requests for substantive custody changes "off the cuff" as part of asking for more money is seen by many family law judges, at least in my jurisdiction, as highly manipulative parental behavior. I don't recommend it to my clients. If the issue is physical custody/relocation, bring your motion based on physical custody/relocation and leave your ex's money out of it (except as it is affected as a byproduct of the custody change). If the issue is support, pursue support and keep the relocation question separate. WHOA!!!! Let me explain...I am not trying to manipulate anyone! We
    are scheduled for mediation as part of the orginal agreement...to meet
    every two yrs..exchange W-2 Forms...and see if visitation needs to be
    adjusted. I just assumed this was normal. I was told child support
    would automatically increase, unless I was making more money (I'm not)
    since its based on their ages and teenagers cost more. In mediation,
    we meet with a social worker and we can discuss anything we need to
    work out as parents, with a neutral 3rd party and her report becomes
    part of the case. I will ask her to comment that my ex-husband still
    will not allow them to relocate with me.
    No, a general dissolution order assigning legal and physical custody rights is not the same thing as a court order saying "You cannot take the children to New Zealand even though your present husband cannot obtain a visa to live in the US with you". Custody orders are changed all the time, based on changing circumstances. If you haven't had a motion and/or hearing on that specific question, the question is not decided. It was part of our order stating, neither parent could take the
    children more than 100 miles from the other parent without their
    permission. I did not have problem with that. I understood that to
    be standard, maybe because AZ is a border town? I was told that if I
    had problems with wanting to travel to come back to mediation and it
    would be worked out. I gave the example, when my father dies in
    GA...will I have a problem taking the kids to the funeral. She said
    if you do, then the judge will decide. Thats was fine by me. When
    they put this clause in my ex added "no NZ travel, not even vacation."
    as he knew of my friendship with John. I was careful not to meet John
    or any other man for that fact until I was legally divorced. First of
    all, the expense of us going to NZ on vacation isnt reality in
    singlemom land. I have one child deathly afraid of flying and two
    others that even with prescription medicine, can not tolerate flying.
    I'd love for them to visit...but its their choice totally. And they
    have never expressed a desire to go, not even for a visit. So that
    clause did not worry me, as its not really an issue for me. I felt it
    may even work in my favor, since I had custody and could not leave
    with my kids, surely BCIS wouldnt expect me to live in NZ without
    them???
    Assuming your description is accurate, I have to wonder what facts led to the divorce decree that you describe: to wit, one which says specifically that you "can't take the children more than 100 miles away and ESPECIALLY to New Zealand". A court is highly unlikely to enter such a specific order in a divorce situation unless the issue came up beforehand and (a) you agreed to it in advance (in which case you have no basis to complain being separated from your kids now; especially if you knew there was a possibility your new romantic partner might not be allowed to immigrate to the US, which anyone who has to file a waiver request has to know even if they don't want to believe it or accept it) or (b) following a hearing and evidence on that specific question, the court found that it was in the best interests of the *children* that they not be allowed to go more than 100 miles away with you or relocate with you to New Zealand, for whatever reasons the Court set forth. I did agree to it in advance...it was brought up in mediation, and
    we were asked if we wanted to include it or strike it. No, at that
    time, I had not even met John, nor had known we would have had any of
    these problems. We were given a list of things to include in our
    custody arrangement (sharing holidays, medical expense, etc) He
    wanted to include it and I saw no problem with it...as it works for me
    too...he can not take the kids back to IL and live near his family
    without my permission or interference from the court.

    Actually, I am in GA right now since January, temporarily taking care
    of my terminally ill father. My children are with me. He had no
    problem in allowing me to go there for that reason.

    We were divorced in Feb 01 and I met John May 01 and we filed K-1 Dec
    01 which was denied. I in no way had any idea he would be denied.
    Even after his denial for K-1, I was assured by my attny that we would
    win as my spouse...and it looks like we will lose on K-3 again, unless
    I can figure out what is extreme hardship to BCIS is. Problem is it
    appears descretionay to the person reviewing, as I have seen worse
    cases approved. My husband has one small theft conv from 1986, no
    jail, no probation, only a small fine, which he paid. His record is
    clean ever since and his character references are sterling. Maybe
    they didnt like being advised by Auckland to approve....maybe they
    like to keep that power themselves? I have spoken with several people
    who have been approved, only to be told, they could deny them "just
    because they can."

    Maybe countries with the "point" system have the right idea and not
    leaving so much up to relative terms?
    You do not give enough details, So I do not know which if any of these scenarios is true. I do not know what type of custody situation you are in. I have no idea what your divorce decree literally says. Or *why* it says what it says (although if it is at the level you claim, there was a reason, which you have not disclosed). I do not know if it is by stipulation (agreement) or ordered following hearing and/or trial. Nor what state all this is taking place in.
    Arizona and I have legal physical custody. Our divorce was
    relatively friendly, we used the same attny (mine) and no I do not
    have legal counsel right now, as its not possible financially. Legal
    aid wont help in AZ, as its not related to domestic abuse. Anything
    Ive shared here has been by agreement...not following a hearing or
    trial.
    Nor do I need to know these things to recommend the following to you. You need to take a deep breath. I realize you are highly emotional about this situation, rightfully so. But in trying to tell your story about your kids connected to the issue of your husband's immigration you are jumbling all sorts of distinct custody concepts all together. The resulting confusion makes it impossible to sort things or make a cogent suggestion to you. If you're like this writing things down to strangers, I can only imagine how you are trying to handle this on the ground with your ex- and the "system." You need a family lawyer if you are going to evaluate this. That's someone who can remain somewhat calm and sort what to do, recognizing that emotionally you are in a shooting match and might not be reasonably expected to do the same. Although to the extent you can, it will help I suspect. Have I mentioned that you need a family lawyer? Ideally one that also has experience in immigration law and custody issues?

  30. #30
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    Default What is EXTREME HARDSHIP to win an I-601 ??


    Originally posted by Kelly & John Schutte
    I'd love for them to visit...but its their choice totally. And they
    have never expressed a desire to go, not even for a visit. So that
    clause did not worry me, as its not really an issue for me. I felt it
    may even work in my favor, since I had custody and could not leave
    with my kids, surely BCIS wouldnt expect me to live in NZ without
    them???


    I don't think that they expect that at all.



    I think that they expect you to forfeit your relationship with your
    husband



    I noticed that the article Mr F posted includes "adverse psychological
    impact of deportation" as part of the persuasive authority.



    I find it ironic that in self-petitioning cases at least that there does
    appear to be concern expressed as to the nature and extent of the
    physical and psychological consequences when it involves the abuser or
    those associated with them.



    I do not know anything with regard to the relationship which your
    husband has with your children or how well you as a person would be able
    to cope without him, which could be potentially damaging to both
    yourself and your children. I have no idea as to how much weight the
    consequences of the following scenarios would carry:



    i) The potential seperation of children from their natural father.



    ii) The potential seperation of children from their mother.



    iii)The strength of the relationship between the husband and his
    step-children?



    OK, to my eyes BCIS doesn't really care about the above as I strongly
    expect, as I have said, that they expect someone faced with such a
    situation to forfeit their marriage as opposed to their children.



    iv) The adverse psychological and physiological impact of
    someone's potential seperation from their husband upon both them
    and their children.



    My own feeling is that someone expressing the last point strongly should
    be careful to avoid it being presented as a double-edged sword in
    another forum.



    Personally also, in at least 99% of cases I would avoid any
    psychological evaluations made as part of a case study by a Social
    Worker. This opinion is formed from my own observations.



    All of the above is pretty truncated and inprecise. Any truly useful
    conclusions would have to be case specific in nature and therefore
    impossible under the circumstances.


    --
    Posted via http://britishexpats.com

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