Does the qualifying relative need to be the petitioner for a provisional waiver?
I’m a U.S. citizen, married to a woman from Guatemala. Her mother is a U.S. citizen, having received asylum in this country; but is in poor health and not working. So, it makes more sense for me to file the visa petition to help my wife immigrate. Here’s the problem: My wife entered the U.S. illegally, and has been here for at least six years. So, as I understand it, we are going to need a waiver of her unlawful presence in order to get her a green card. We’d all prefer that she file for a provisional waiver before leaving the U.S., so that we’ll have some assurance that she won’t get denied and blocked from returning for several years. But we’re confused by the waiver requirement that she prove hardship to her U.S. citizen relatives. I will be very unhappy if she (and maybe me, too) must move to Guatemala, but I’m in good health, with a job I can do anywhere I can plug in a computer, so I’m not sure we can prove extreme hardship to me. But my wife is the primary caretaker for her mother, who needs daily injections and so forth. Can we base the waiver on that hardship even though I’m filing the visa petition?