My fiancé is in Mexico. He self deported at the end of March due to a family emergency. I went down in May to get married but we could not get the paperwork in order. I am now currently 14 weeks pregnant with our first child after suffering a miscarriage last year. My obgyn has me on restriction and I am unable to work overtime. With the loss of my overtime as well as his paycheck I am falling behind on the bills and may lose our house and I am very worried what I am going to do when time comes to have the baby and I have to take off work for 6 weeks.
My stepfather who has raised me is getting ready to start chemo within the next 6 months and my mother is going to have to have surgery on her "several" (too many to count on the CAT scan) hernias. She is putting it off as long as she can, but if she does not have it soon, one may strangulate and then she will have to have emergency surgery. I need to be here to help them with their health issues as they will both be too sick to fully care for the other. I am also concerned as to who will be able to care for the baby when I go back to work. My parents also have had guardianship of my two sons, one of whom is autistic, and is not going to agree to let them live in Mexico.
Based on this information, do we have a chance to qualify for a Hardship Waiver? Can we file before we file the K1? If everything was approved is possible to get him home before the baby is born in January? I don't know how I will be able to take care of my family afterwards.

What's keeping you from movign to Mexico.. to be with the babies father where he could support you there?

Your parents are already supporting your two other kids you couldn't take care of.

(14 weeks falls in April, when you two weren't together?)
We don't know 'why you couldn't get the paperwork together,' where your fiancé was born, and what his status here was.
You are going to have to ask immigration in person, with all the most basic facts in order.

My parents are sick.. if you had read my question you would have seen that. My dad has been fighting prostate cancer for 10 years and my mom who is currently on workmans comp is to have to have surgery again. They have guardianship of my sons because after I lost my job in the recession, the only job I could find was too far for a daily commute and I did not want my sons to leave their excellent school system, especially my son with autism who does not deal with changes well.
Doctors date pregnancy from the first day of your last period.. so the first week of being pregnant a woman is on her period and the second week her uterus is preparing the lining.. by the time a woman ovulates and conceives, she is already 2 weeks pregnant. While every cycle is different, the first day of my last period was April 21 and I ovulated approximately around May 3rd 2 days after I arrived... so umm.. yeah o_0

That's why I put it in parentheses.
We did read. Your description of hardships don't help without the most basic facts required by immigration, so you are going to have to present this to them. Just what his status was is the most basic.

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Originally Posted by joypulv

(14 weeks falls in April, when you two weren't together?)
We don't know 'why you couldn't get the paperwork together,' where your fiance was born, and what his status here was.
You are going to have to ask immigration in person, with all the most basic facts in order.

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Marrying a mexican in mexico is slightly more complicated than marrying a foriegner here. First, aside from getting all of their required paperwork apostilled by the secretary of state you also need medical exams including an aids test, tb screening and chest x-rays, done in mexico. You also need to ask for permission from the gobernación which is the part we had a hard time with and did not receive the permision to submit with the application before I had to leave. Mexican government is a bit slower than ours, especially around election time. I misunderstood, I did not realize this wasanother Yahoo answers, this website popped up on Google when I was trying to find where you can ask lawyers legal advice

I willingly signed guardianship to my parents so my kids could stay in their school system. I found a job during the recession but it was an hour away. I still support them and the house we bought is back in their school system, but with 12 hour shifts from 6p to 6a and an hour long commute each way. My parents also have far better insurance than I have (that covers my autistic sons therapy) I do not see how it would be in their best interest to break the guardianship. I need to stay here to continue supporting my sons and help take care of my terminally ill dad as well as my mom.

He was out of status. He is subject to a 10 year bar.

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Originally Posted by Anonymousandi

He was out of status. He is subject to a 10 year bar.

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Then you have your answer... he's NOT going to get it... until that 10 years is up.

Hardship waiver must be files concurrently with K1 visa. You may be eligible but need to disclose all details. Consult experienced immigration attorney.

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Originally Posted by lawanwadee

Hardship waiver must be files concurrently with K1 visa. You may be eligible but need to disclose all details. Consult experienced immigration attorney.

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Thank you very much