For provisional waiver, do we show hardship if whole family left the U.S., or just the immigrant?
I’m a U.S. citizen, married to an undocumented person from Nicaragua. Because she crossed the U.S. border illegally, we’ve been told that we can’t file for her green card through adjustment of status, so she’ll need to apply through a U.S. consulate – but that in order for her to come back, she first needs a waiver of her unlawful presence. We plan to file a provisional waiver in order to get an answer before she leaves. She will be trying to prove hardship to me (as her U.S. qualifying relative) if the waiver were denied. But I’m confused – should we be talking about how terrible it would be for me to stay in the U.S. and take care of our small child by myself if she were refused a U.S. green card, or how difficult it would be for me if I quit my job and we all moved to her small village in Nicaragua?