Anonymous

The sole negative factor in Mrs. K’ case involves her entrance to the United States many years ago on a fiancé visa. After arriving in the United States she discovered she had irreconcilable differences with her United States citizen fiance. Mrs. K was going to return to her native country of Romania with her young son, A.  Instead she remained in the United States and married A’s biological father with whom she had a relationship years ago while both were living in Romania.  Mr. K had acquired United States citizenship.

This is the only negative factor in this case - Mrs. K chose not to marry her fiancé and remained in the United States to marry her son’s father instead.

Mr. K filed a green card application for her and their son.  At their interview with the Citizenship and Immigration Services (CIS) they were told that Mrs. K could not obtain a green card because she violated her fiancé visa by not marrying the other man.  Their son on the other hand did get a green card.  Mrs. K needed to return to Romania and obtain a waiver from the U.S. Embassy before she could get a green card.  The waiver requires that Mrs. K prove her husband would suffer extreme hardship.

Mrs. K returned to Romania along with the couple’s baby girl born in the United States.  Mr. K remained in the United States with their son.

Both the CIS and the U.S. Embassy in Romania denied Mrs. K’s waiver application.  They concluded that this family would not suffer extreme hardship if Mrs. K could not live in the United States.  Yet, the couple’s attorney submitted evidence of the dire economic situation in Romania, that Mr. K runs two successful healthcare facilities for the elderly in California which employs U.S. workers, and that Mr. K provides for his elderly mother, who is a legal permanent resident of the United States.

Mrs. K who has no criminal history, remains in Romania to this day with the couple’s young daughter separated from Mr. K and her son.  The couple has no recourse for bringing Mrs. K to the United States to rejoin her husband and son.