I am Latvian citizen. I went to US by J-1 Student work n travel program. I overstayed my J-1 visa, and later married American citizen, my husband. I went back to Latvia, I choose to do it voluntarilly, no deportation, nobody forced me to. I went back to finish university. Now I am trying to get back to my husband. I overstayed my J-1 visa for less than a year, so I know I have 3 year bar, and then I will be eligible to re-enter US. We have not started any paperwork yet with my husband, but about to. We are confused. We know we should file I-130, but which waiver will apply to our situation as I overstayed my previous visa? In one of the posts it says just missing spouse is not considered hardship. How do we proove any other hardship? My husband speaks only English, it would be hard for him to move to Latvia, he does not speak any Russian or Latvian. It would be hard, very hard to find a job in here. He has two kids from previous marriage in the US, it would be also hard for him to live in Latvia with me and be away from his kids, he sees every weekend. What should we do? Will it be considered hardship for him to be separated for kids, so that the best option for us be living near them in the US? What is the difference between I-212 and I-601? Which one should I file when I am ordered to from consulate? Or both concurentely?

