Included for Evidence is my medical Records, Letter of New position from work, Paystubs, Bills, Tax Notice for home, Country and City safety reports, Requirements to keep nursing license, lifting requirements for a regular nursing job, Supporting church leader, family and friend letters, Psychologist report, my passport face page and birth certificate.
Before the United States Department of Homeland Security
RE: Mr. Charly I-130 Reciept # XXXXXXXXX
Declaration of Mrs. Charly Form I 601A part 4 page 4
1 I am a citizen of the United States and was born and raised in the state of Washington. I am married to my Mexico Citizen Spouse, Mr. Charly, who is currently residing with me in City, State.
2 I have been asked to summarize my relationship with my husband, Mr. Charly and demonstrate the extreme hardship I would encounter if Mr. Charly is not allowed to remain with me in the United States.
3 Mr. Charly and I met on XXXXXXXX, 2008 at a Church Singles Activity. We fell in love and we were married on xxxxxxxx in the xxxxxxxx LDS Temple. During this time, we have created a life together at home and in the Church. I have been volunteering (Serving) in my Church for many years now. On Sundays, I teach six year olds the basic doctrines of the church which will help them make it back safely to their Heavenly Father. It is important to me to be able to continue to serve these precious souls for the time I have this calling in the church. My volunteer work is very important to me. Also, the family unit is a central tenet of my spiritual life. I love my husband dearly and he is a good man. Living together as a couple is very important to us not only because of who we are, but because of our beliefs and our faith in The Church of Jesus Christ of Latter-day Saints. A basic tenant of our faith is expressed in The Family: A Proclamation to the World (September 23, 1995.) “THE FIRST PRESIDENCY and the Council of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints, solemnly proclaim that marriage between a man and a woman is ordained of God and that the family is central to the Creator’s plan for the eternal destiny of His children.”
When Mr. Charly and I are together, we are an example to others of a strong family unit. This example is needed today, when so many young people grow up without the knowledge and experience of a family with a mother and a father. As we serve and show an example of a strong family to the youth in our church and neighborhood, we mentor, both by word and deed, obedience not only to the laws of God, but to the principles upon which this nation was established.
In the Official Handbook #2 of the Church of Jesus Christ of Latter Day Saints it states “The Lord has commanded husband’s and wives to cleave to each other. In this commandment, the word cleaves means to be completely devoted and faithful to someone. Married couples cleave to God and one another by serving and loving each other and by keeping covenants in complete fidelity to each other and to God. A couple is to become one in establishing their family as the basis of a righteous life… Latter Day Saint Husbands and Wives leave behind their single life and establish their marriage as their first priority in their lives. They allow no other person or interest to have greater priority in their lives than keeping the covenants they have made with God and each other. Being one requires full partnership. (Handbook 2 Administering the Church 2010 The Church of Jesus Christ of Latter Day Saints.)
When I am asked to address the suggestion that I remain in the US if Mr. Charly is forcibly removed by the government, it tears at my spiritual being. Living apart could potentially not only be devastating to our marriage relationship, but to our spiritual well being as well. I would no longer be able to exercise my religious freedom and fulfill a basic tenet of my faith. If we are forced to live separately, I am not following the council of President Gordon B Hinckley (15th President of the Church of Jesus Christ of Latter Day Saints) who stated “First, it is imperative that you not neglect your families. Nothing you have is more precious. Your wives and your children are deserving of the attention of their husbands and fathers. When all is said and done, it is this family relationship which we will take with us into the life beyond. To paraphrase the words of scripture, ‘What shall it profit a man though he serve the Church faithfully and lose his own family?’ If we are forced to live separately, we are being denied the right and opportunity to fulfill the commandments we claim as from God, as allowed by the Constitution of the United States.
4 On August 14, 2007, I was in a Mountain Biking accident in which I sustained a T-12 (Thoracic Spine 12th Vertebrae) compression fracture. I was placed in a brace for six weeks and the doctors decided that I was not a good candidate to heal on my own because of the increased potential for permanent spinal cord damage. I had back surgery on October 10, 2007 to stabilize the compression fracture and fuse the Thoracic Vertebrae 10 & 11 above and the Lumbar Vertebrae 1 & 2 below. I have had constant lower back pain since the time of the injury and it makes it hard to sit for long periods of time or to be bent over except for very short intervals.
I returned to work three months after my surgery on January 10, 2008. I was placed on light duty by my physician and place of employment, and was moved from the inpatient floor and detailed to the Tele-Home monitoring department. The Tele-Home monitoring department nurses’ work with patients and physicians monitoring patients’ blood pressure, pulse, blood oxygen levels and blood sugars from home depending on each patient’s needs. This area of nursing does not involve direct patient care where lifting, pulling and assistance with transfers is required. In May, 2010, I was moved from the Tele- Home monitoring department and I was detailed to an out-patient clinic due to clinic staffing shortage. The out-patient clinic required no lifting but allowed me to continue practicing as a nurse.
In August, 2012, I transferred to the Intravenous Therapy Nursing Team at XXXXX Hospital where I can continue my career as a nurse without having any lifting or transferring requirements to carry out my duties and care for my patients. The Intravenous Therapy Nursing Team monitors and cares for patients’ peripheral and central intravenous lines for patients who are admitted to the hospital and in the outpatient setting.
In December, 2010, I lifted something heavy at home and as a result of my previous back injury, I herniated two of my vertebrae discs. This caused excruciating pain in my back and down my leg to which there was no relief. Although the pain medication would knock me out, the pain never really went away. I finally received surgery, a micro disk-ectomy, on February 3, 2011. Even after the surgery, I still continue to have numbness and pain in my left leg and foot, but at least the pain is tolerable. I also still continue to have lower back pain and pressure.
In December, 2012, I moved something I thought was light enough for me to lift and ended up reinjuring my back again – a back sprain. I saw my back specialist, Dr. ********, on January 10th 2013 and was advised that I had likely sprained my back as my symptoms were improving over time. He prescribed a prednisone pills taper treatment to see if this would help reduce the inflammation in my back, relieve the pain, and decrease the numbness in both of my legs. The prednisone helped with decreasing the swelling and pain and symptoms returned to pre December injury status.
5 As a result of my chronic back injuries and surgeries, I am limited in what I can do as far as basic lifting and bending. I need Mr. Charly’s help for everyday chores, housework, gardening, and yard work. I can’t do the deep cleaning for the house. I can’t move the furniture & heavy boxes to clean the surfaces behind them. I can’t lift and carry our bulk food items from the grocery. We buy in bulk in order to afford to eat. We store bulk items in 50 pound capacity rubber maid totes in the garage under the stairs. These totes contain 2 or 3 bags each of 25lb-50lb bags of dried beans, rice, wheat, oats, sugar and other dry goods which are used to replenish our smaller containers in the kitchen. To run the kitchen, I need Mr. Charly’s help. Weeding and preparing the garden for planting is outside my abilities. We grow a significant amount of our food in our garden. I need Mr. Charly’s to loosen the dirt in the garden; rototill the soil each spring; haul compost by wheel barrel from the truck to the garden; plant the seeds and starter plants; carry and move the pressure canner during our fall harvest; as we can and store our food for winter use and the canner is too heavy when full; Mr. Charly has to move the finished canned goods cartons downstairs to the pantry. Otherwise it would take me many trips up and down the stairs to put away the preserved food.
We also belong to the Renton Community CO-OP (a Gleaners Group) - a Food CO-OP in which for $30/ year we work together as a group picking up produce from the grocery store and bread from the bakery that is no longer able to be sold and would otherwise go in landfills. In order to belong to this group, it requires a commitment to work two to three days a month picking up bread in large bins or produce in the large produce boxes, dividing the food appropriately, and delivering it to that particular day’s scheduled families. Because these boxes and bins are heavy, I need Mr. Charly’s help in order to do our part and stay in the group. This free food from the CO-OP helps us cut costs and contribute to the amount of money we are able to save on our grocery budget by freezing or canning what can be preserved and eaten later. More importantly, because much of the time we end up with a surplus of bread and produce that we are unable to use in that moment we are also able to help other families in need at our church and in the neighborhood with our surplus. This is an important activity to me; it gives me an opportunity to serve and help others. The food we provide for others also, in some cases, provides better nutrition for others who are struggling.
6 I have worked at the XXXXXXXX Hospital in XX City since April 19XX. I was employed as a contract LPN (working intermittently) while I continued in school to receive my Bachelors of Science in Nursing Degree at XXXX University. I owe $XXX in student loans. Financially, it is imperative that I am able to remain at the XXX Hospital as this income is required to manage the substantial school, mortgage, and credit card debt that I have accumulated. I would not be able to find this type of employment at this wage in Mexico.
On xxxxxx xx, 19XX , I began my full time employment at XXXX Hospital in XXCity as a Registered nurse working on an inpatient unit. It was always my dream to be a nurse and I worked very hard to obtain my Nursing Degree. I love my job working for the XXXX Hospital and with the veterans. They have sacrificed so much to keep this country free and working for the XXX Hospitalr allows me to give back to my country and provides me with the opportunity to serve those men and women who have served my country.
My profession in the US requires me to maintain a nursing license and also complete 45 hours of continuing education every three years. I also must have 531 hours of clinical practice to maintain this license. If I had to relocate to Mexico to be with my husband, I would sacrifice my nursing license and my career that I have worked so hard to obtain.
Since my 2007 bike crash, my Doctors have restricted me to light duty work that requires no lifting in excess of 20-30 pounds; therefore it was required for me to change positions at work. My supervisors at XXX Hospital were gracious in finding me steady work at alternative positions where I don’t have to lift or transfer patients. I am very grateful and fortunate, as my employer did not have any an obligation to assist me for non-industrial conditions under XXXXX rules. My Nurse Manager told me she thought that I was a good nurse and she worked hard to see that I was able to continue to work at the XXXXX Hospital in another area. I also had a good working relationship with the Chief of Nursing and Deputy Director of Nursing as I had been employed at the XXX Hospital XXXX 19XX. These relationships were helpful and resulted in me being able to secure another position at the XXX Hospital and allowed me to continue my career at their facility. If I was set adrift from my network of supporters who value my work, I would not be able to compete for work as a nurse. There is no other hospital in the world that has the obligation to hire a nurse who can’t manage the basic duties of patient care. If forced to relocate, I would be unable to compete for a job in the career I love; and which I have invested so much time to learn, and in the only career I know. If relocated to Mexico where I do not speak the language, I doubt very strongly I would be seen as useful in any medical facility, where accuracy and clarity are so important.
Over the past X years that I have worked as a Registered nurse at the XXX Hospital, my annual salary has increased by almost $xx,000. (Exhibit: Paycheck Stubs/W-2s/RN Pay Scale). My annual earnings will continue to increase every 1-3 years, and my annual salary has the potential to increase by $xx,000 by the time I retire at the age of xx years old. The earliest I am able to retire with full benefits, according to the listed requirements, is XXXXX. Retirement income is calculated by averaging the top three annual earnings. I also receive a 5% match to my TSP account (Thrift savings plan/401k), however, in order to receive this I must continue working at my current place of employment. I would lose the 5% match or about $xxx per year contribution match into my retirement account. If unable to manage my schedule because Mr. Charly is absent, or because I overtaxed my weakened back so as to become incapable even with the assistance of my employer to continue working, I would forfeit all that I have worked for in a steady career and retirement plan. If forced to overdo my activities without Mr. Charly’s help, I risk a premature retirement; my social security benefits would be greatly reduced without the next XX years of contributions, as currently I need to work until I am xx years old to be eligible for full benefits. My ability to afford our home depends on keeping my current standard of living. If Mr. Charly is absent from our home, I run a high risk of another injury, which could result in losing our home, default on my student loans, and dependency upon the government for support. Without a retiree safety net, I could become a financial burden on the US government in my golden years.
7 In xxx 2013 I will be continuing my education and taking a class to learn how to draw blood for laboratory tests and place peripheral IVs using the ultrasound machine. When a patient has veins that have been scarred over because of disease or medications starting a peripheral IV without the ultrasound is impossible. An Ultrasound machine is used in order to visualize a viable vein to be able to insert a peripheral IV catheter into the patient’s vein.
Gaining the knowledge of how to use the ultrasound machine in the placement of peripheral ivs will help prepare me for my upcoming class in the fall of 2013 to learn how to place PICC lines. (Peripherally Inserted central catheter). PICC lines are used for patients on long term Antibiotics, medications, Cancer treatment, and when the patient has veins that make it difficult to start or keep a peripheral IV. This training will continue with a preceptor until I can perform this procedure independently. When I am able to do perform this procedure independently, I will be promoted to a Nurse II and will receive a raise in my annual salary.
As I continue to gain more knowledge, skills and experience I will be trained to teach medical students, nursing students, dental students and other staff members about IV access procedures, as well as care and maintenance of vascular access devices. I will also start teaching patients and family members about home IV Infusion Therapy. After completing 2 full years with the IV Team, I will have the opportunity to test for my Vascular Access Certification which will also result in an additional increase to my annual salary. With this additional training, I can continue to serve our veterans, retire my debts, and increase my ability to help others.
If Mr. Charly is relocated, I feel compelled to abandon my United States life in order to preserve the sanctity of our marriage. All that has been invested in my training and all my contributions to the learning of others will be lost.
8 I am asked to describe my future if compelled to abandon my career because Mr. Charly was forcibly relocated to Mexico by government action. In Mexico, without a health plan or a professional class job in nursing, my standard of living would drop below US poverty standards. I don’t speak Spanish well, and Mexico's job market is lacking employment in all areas. Registered Nurses in Mexico make approximately $100 US per week. Prior to even looking for work I would need to spend time learning enough Spanish to be able to attend school to qualify to be a nurse in Mexico. I would also need to understand what nurses are allowed to do and not do. I would have to qualify for a nursing license in Mexico. I would have to live there long enough to qualify for a work visa. Even if I were fortunate enough to secure employment in Mexico, I would not be able to meet my financial obligations in the US. My debts include $xxxx in student loans and a credit cards. Monthly Payments are $xxxx every Month. My house is currently valued at $xxxx,xxx and I still have $xxx,000 owing on the mortgage, so selling the house is not an option as this would push me further into debt. The Mexican economy and job market was never my target when I took these loans for a career and for a long term asset for my house. I will default on all these loans and I would financially injure the student financial aid programs in the US which supported me to finish my studies.
9. If forced to relocate to Mexico to be with Mr. Charly, I would suffer mentally and emotionally as well. I would be leaving my home, my family and friends behind. I would abandon my career that I love so much. Being unemployed would negatively impact and damage my self-worth and self-esteem as I wouldn’t be able to provide basic support as Head of Household. I would also be susceptible to serious physical dangers as we would not be able to afford health care or an address in a safe middle class neighborhood. I would become isolated from my own family as I would be unable to pay for international phone calls or purchase plane tickets to go home to visit (tickets cost between US$450-US$700 round trip.) The almost certain unemployment that I would face in Mexico would cause me extreme hardship and isolation from my home land. I would be denied the right to live in the country of my birth and exercise the rights of my citizenship there.
I am very close to my family and love my parents and family dearly. It would be devastating for me if I were not able to see my parents and family a few times per week as I currently do. My parents are getting older and cannot manage 100% on their own. My husband Mr. Charly and I help to care for my aging parents and as we live close by, we are able to provide assistance to them on a nearly daily basis or as often as required. My mother is 70 and her health is not great physically.
Although she can take care of her basic physical needs on her own (using the bathroom, taking a shower and getting dressed.), she struggles to keep things in reality, has difficulty putting things together in a logical manner, and often worries about things that don't need to be worried about.
10 My father is 85 and he has been diagnosed and treated for Diabetes and Stage III kidney failure. My father has been hospitalized several times. In 2009 he fainted due to a new medication he received and was taken by ambulance to The Overlake Hospital Emergency room. The ambulance has been called to the house several times to assist my father as he has had several bouts of extremely low blood sugar due to his diabetes. When he is hospitalized, my husband Mr. Charly and I visit him frequently and care for my mother.
My father was again hospitalized for two days in November 2010. Mr Charly and I took him to the emergency room. He had earlier in the month gone in and had a XXXX procedure. This procedure led to a xxxxxx This is what brought us to the Urgent Care. As his daughter and as a Registered Nurse, I was able to assist him at home with his XXXXXX care and keep him from going back and forth to the hospital when he had problems.
During the months of June 2012 - August 2012, my father was again taken to the emergency room and hospitalized several times due to some ongoing xxxx problems. He also had two blood transfusions during this time. My father was sent home from the hospital with XXXXX and once again, I was able to assist him at home with this device and help to resolve any issues with it. When I am unable to help him at home, my husband Mr. Charly and I transport him to the emergency room as needed. He was hospitalized several times and had surgery on xxxxxxx.
During the month of November 2012, his physician requested that his blood pressure be monitored at home because during his clinic appointment his blood pressure reading was found to be high (170/90). I stopped by my parents home every two days to take his blood pressure. By monitoring his blood pressure several times a week, the doctors were able to make a better assessment in deciding further treatment and medication adjustments. His medication was adjusted and he was placed back on his linsinopril to help control his blood pressure.
My husband Mr. Charly is wonderful with my parents and is able to help them with some basic housework, deep cleaning and house projects. I am able to do some of the light housekeeping; however, I also have limits on what I can assist with due to my own back injury. Mr. Charly has helped out my parents on several occasions by cleaning their carpets, deep cleaning their bathrooms and deep cleaning their entire home prior to my Grandmother’s 100th birthday party and other family gatherings.
11 XXXXX, my niece, was recently laid off when the company she was working for went out of business. She is now living with Mr. Charly and I until she gets back on her feet. I have been very close to Bethany since she was 6 weeks old. Bethany suffers from anxiety and depression and she has had many losses in her life. Her biological father won’t acknowledge her as a daughter and considers her one of the greatest “mistakes” in his life. Her step-father was killed while cleaning his shotgun. I helped raise xxxxx from the time she was six weeks old until she was fourteen years old and have always been very involved in her life. She sees me as another parent she can turn to for help and guidance in her life. Her Baby is due in XXX of this year. It would affect her very negatively if I had to leave the country and move to Mexico to be with Mr. Charly. I would feel responsible for abandoning xxxx. I would feel as if I had failed her. If she suffered because of this I could never forgive myself.
12 I do not have any family or friends in Mexico. Although I have interacted with some of Mr. Charly's family, there is a barrier because I do not speak their language and they have limited English. Communication barriers are extremely difficult for me, I am a relationship-oriented person in a helping profession and interacting with family and friends is central to who I am. I worry about the isolation if forced to relocate to Mexico. I worry that without my support network and separated from my family, I would not cope well and would become a burden to Mr. Charly. I love my country. I was born a citizen of the USA. I have spent my professional life supporting our military veterans. I don’t want to leave.
13 According to travel warnings issued by the U.S. Department of State, Mexico is not entirely safe for U.S. Citizens. U.S. Citizens are victims of robberies, kidnappings, and other criminal activities. I am afraid to visit Mexico, let alone live there, as I feel that Mexico would be a dangerous place for me to live. I am also afraid for my husband. In recent years, Mexico has been unsafe for all people who reside there, as well for its visitors, as a result of the drug-related violence. The media is constantly reporting acts of violence that occur in Mexico. There doesn’t appear to be many safe places in Mexico and I do not want me or my husband to be a victim of these drug cartel crimes which are taking control of Mexico.
Another health safety concern that I have about living in Mexico is the food and water. There have been so many cases of people visiting Mexico and becoming sick because of the food or water they have consumed. I believe I have enough health issues and have no need to add more health problems.
14 I have always paid my taxes, performed my civic obligations, voted in elections, supported our military veterans, and obeyed the law. I am now asking my government to recognize and value my contributions as a citizen and permit Mr. Charly to remain with me in the United States so that my life can be whole and that our life together can be possible. Mr. Charly and I are prepared to spend the rest of our lives together supporting each other. Mr. Charly is a good man, who has never caused trouble, and who arrived in America only to escape extreme poverty and desperation in another part of the world. I am asking you to please grant him the I-601A waiver. Thank you for your consideration
Pursuant to 28 USC 1746 I declare or certify under penalty of perjury that the foregoing is true and correct.
Executed this xxx day of xxxx xxxx. ____________________________
Charly