ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Little Help Please!!

I did read it and I simply think your speculation is spurious at best, bad analysis at worst and quite possibly a little bit judgemental. No intention to offend but its just not accurate. Like I said its a cummulative analysis and all three hardships you shot down can and could be considered in determining the level of hardship. In a case without serious aggravating factors very little hardship is actually needed in practice.

There is nothing trivial about being in a position to have to leave your country and your family here for marital unity and understanding the legal requirements of the waiver is key to success. What you think would "fly" with USCIS is not necessarily relevant. For example the financial difficulty of supporting family in two different countries is not as simple as moving to the spouses country as you quipped. There is a whole list of items to consider like ability earn income in the spouses country, family ties and obligations here, severe career disruption, future retirement benefits, etc etc.

I do agree the OP has articulated some serious hardship and my hope is a well prepared waiver packet will overcome this situation.

Where in my reply did I indicate that I was trying to give an in-depth analysis or comprehensive reply to the OP? Further I don't see how I speculated on his situation, I merely listed example of some of things I've seen people claim as extreme hardships which were denied at the waiver stage.

I was in the position of thinking that I might have to wait until my youngest daughter is one her own (at least 4 years or more) to then join my wife and little guy in the Philippines so I understand first-hand the ramifications of leaving a long term (15 years) career with a respectable salary (by US Standards) to more to what is considered a Third World Country where my earning potential would be drastically reduced and my long term medical expenses would be all out-of-pocket (as I have a lifetime chronic condition that will require follow-up care & medication for life but is manageable).


The point of my reply was the the OP really needed to provide more information in order to get useful responses from anyone. I quipped about nothing and I didn't minimize anyone's situation least of all the OP.

When I post I always try to err on the side of caution. Being optimistic is great but there always needs to be someone saying "Take this into consideration and understand the seriousness of the situation". I don't know that the bar for extreme hardship is as low as you seem to believe it is and in fact I've seen many posts which indicate that the waivers take a fair amount of time because they are considered carefully and not just rubber stamped as you responses seem to imply.

Please don't do to me as you have accused me of doing to the OP.



Bob 4 AnnaMalePhilippines2011-06-20 21:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Little Help Please!!

Your hardships are going to have to be pretty solid. I assume the mental aspect relates to the affect of not having your wife in the US. I wouldn't count on that too much as you can relieve that by moving to her country.

If you're going on medical (physical) then the fact that you've flown to the Philippines will probably work against you. How serious is the physical medical condition?

On the financial hardship, again if this is caused by having to support her in another country then I doubt it would fly with USCIS.

You really need to provide a bit more information (but don't need to get more detailed or personal than you're comfortable with) for people to give you useful input.

I think this is all BAD speculative information. Each case is unique in its merits and hardships well articulated that meet the legal standard can overcome the bar. In addition Hardship is measured in the Aggregate, so a number of smaller hardships weighes heavily and can be approved.

OP, It is simply not that "simple" don't get discoouraged by negative bad advice on this forum.


Since you targeted me directly I'll respond to you directly...

Did you even bother to read my final sentence? Until the OP provided more info everything is speculation. Apparently you failed to notice that I didn't put the OP down but instead I asked for further information.

The OP has provided it and it sounds like he has a good shot at the hardship waiver.

I would suggest that before you step on someone else's post you actually bother to read and understand it...
Bob 4 AnnaMalePhilippines2011-06-20 19:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Little Help Please!!
Believe me, I meant no offense. All too often people think that they should qualify for the hardship because of trivial things.

Best advice I can give is go to immigrate2us.net, they specialize in Hardship Waivers. Laurel Scott is one of the best immigration lawyers for such cases and is around there also, free chat on Wednesdays I think.
Bob 4 AnnaMalePhilippines2011-06-20 15:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Little Help Please!!

my health, physical as well as mental. Hardship financially (not as strong)
Bob


Your hardships are going to have to be pretty solid. I assume the mental aspect relates to the affect of not having your wife in the US. I wouldn't count on that too much as you can relieve that by moving to her country.

If you're going on medical (physical) then the fact that you've flown to the Philippines will probably work against you. How serious is the physical medical condition?

On the financial hardship, again if this is caused by having to support her in another country then I doubt it would fly with USCIS.

You really need to provide a bit more information (but don't need to get more detailed or personal than you're comfortable with) for people to give you useful input.
Bob 4 AnnaMalePhilippines2011-06-20 14:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)212 A,7,A,I

There is a waiver for non-immigrant VISA's
Non_immigrant Waiver Article

I never fail to learn something every week from VJ!

Well I guess that answers the OP's question, there appears to be a Waiver available,
Bob 4 AnnaMalePhilippines2011-07-11 19:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)212 A,7,A,I
Searching VJ here is why you were denied: 212(a) (7) (i)

It seems that your were refused entry initially because they suspected your were planning to give birth in the US and remain (unlawful Immigrant Intent).

The second denial was probably because one you've been refused entry for this reason it is technically like being deported and requires a waiver.

If I remember correctly you can't get such a waiver for non-immigrant visas which would explain why the Embassy didn't inform you of the need for a waiver.
Bob 4 AnnaMalePhilippines2011-07-11 15:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i want to purchse plaine tickets before they get more expensive Does anybody know how long does it take passport to get to domex in santo domingo?

yes ok i get it timeframe more info,but do you have experience in santo domingo, my lawyer told me once drop off supposely received visa in 5 business days but thank you ill keep what you said in mind.

You're right, I don't have any experience specific to Santo Domingo Embassy. Of course I've also made no statements that are specific to Santo Domingo Embassy.

My input is all general, the kind that applies across the board to any US Embassy in the world.

I don't understand why my input bothers you, I'm only trying to be helpful and have not talked down to you once.
Bob 4 AnnaMalePhilippines2011-07-11 15:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i want to purchse plaine tickets before they get more expensive Does anybody know how long does it take passport to get to domex in santo domingo?

i understand what your saying,but if you read my profile you will understand what im talking about thats all. like i said thank you for the information. yes he was aproved we have an open appointment to deposit the medical etc. but yes i guess i will wait.


That he still has to drop-off documents makes the timeframe for Visa issuance even more unsure.

A friendly suggestion when asking for info on VJ, please provide as much information as possible with your question.

Your Original Post was so vague that it wasn't even clear if your were the USC or the beneficiary.

If you had said something like "My Fiance was approved at the interview and now just needs to drop-off his Medical & Police Certificate which we are planning to do on the 13th. Can anyone tell me if I can reasonably expect for him to have his passport with Visa in hand early enough to travel on the 22?".

As the person asking the question it's to your benefit to present the needed information and not expect others here to go searching for it. I've been on VJ for over 2 years and in that time I've always taken that tact as I have seen time and again where it is the most successful way to get useful responses. Remember you are asking strangers to take time out of their busy day to do you a favor and expect nothing in return. VJ is a community of volunteers helping each other.

Edited by Bob 4 Anna, 11 July 2011 - 01:30 PM.

Bob 4 AnnaMalePhilippines2011-07-11 13:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i want to purchse plaine tickets before they get more expensive Does anybody know how long does it take passport to get to domex in santo domingo?

omg!!! im sooo sorry i didnt know it bothered people not completing my timeline,i just didnt have enough time but as soon as i quit my job and things i have to do ill complete it b/c it is so important. ohhh and i already splurge money in may, thats why im trying to save you see im not rich like you! but thank you your a big help!!!

Sarcasm will not win you any friends here. I gave you an honest answer.

Completing your timeline helps others which is what VJ is all about. There are estimates for processing times on VJ that are computed using member timelines. It also helps those who want to answer you question see exactly where you are in the process.

FWIW, everyone here has "splurge money" during this process as it's not cheap for any of us.

Finally, where did I ever say anything referring to either your financial status or mine?

I will say it again, there are reasons the the Department of State warns all visa applicants to not make travel plans (including paying for tickets) until they have the Visa approved and in hand.

Let's say you are approved on the 11th of July (today) a Monday and hear that average Visa delivery takes 1 week so you figure to be safe you'll buy tickets for the Friday of the following week as that give you a 4 day buffer. Now that seems like safe planning.

BUT.... Let's say their Visa printing machine breaks down and it takes 3 days for it to get repaired... Now you might think well that just puts me behind 3 days but in practice a 3 day outage could cause a delay of more than 3 days.

OR, let's say there's a terrorist threat on the local US Embassy or a natural disaster or anything else unexpected even down to something so small as an unexpected surge in the number of approved Visas which increases the Printing & deliver time from 1 week to 2 weeks or longer.

Then what will you do with the Airplane tickets that you can't use?

I would suggest that before you get insulted because someone doesn't say what you want to hear you take the advice you're given for free and at the very least ignore what you don't like.
Bob 4 AnnaMalePhilippines2011-07-11 12:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i want to purchse plaine tickets before they get more expensive Does anybody know how long does it take passport to get to domex in santo domingo?
Even is you've already been approved (which nobody call tel because you've never bothered to complete your timeline) you shouldn't buy tickets until you have your passport with Visa in hand.

A lot of things can happen to delay your Visa production by days or weeks and then you'll lose some or all of the cost of the ticket.
Bob 4 AnnaMalePhilippines2011-07-11 11:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)US and Mexico

how long are the medical exams good for??

It varies by country, some 6 months & some 1 year.
Bob 4 AnnaMalePhilippines2011-07-26 12:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)US and Mexico
When was his medical? The Visa's validity can not exceed the validity period of the immigrant's medical.
Bob 4 AnnaMalePhilippines2011-07-26 08:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)212 (a)(6)(c)(1)

Sue them ? Tell them you have no care about religion or caste and none of it matters. Why is a religious marriage even needed? What if you are non religious?

I'd like to know on what grounds?

At the least she misrepresented in the interview by stating they had a religious ceremony when they didn't. That alone is grounds for denial...

Then she signed a statement swearing she wasn't even married to the petitioner. That moves them from Denial Land straight into Lifetime Ban Land!

The only Lawyer that can help them is one well versed in Mumbai Embassy Immigrant Visas and even better one who has experience specifically squashing the sworn statement. At that point they are still denied just without the Lifetime Ban.
Bob 4 AnnaMalePhilippines2011-09-02 20:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)212 (a)(6)(c)(1)
I'd say it's time to Lawyer-up, sounds like they've got her on Material Misrepresentation (in their eyes) which is the worst possible outcome as it can result in a lifetime entry ban.

By your own admission there was never a religious ceremony but your wife lied to the CO by saying there was but no photos exist because they were not permitted inside the temple. She lied about the marriage (in part) which brings her whole file into question.

If you continue the lie then you will only be compounding the problem. You may be able to fight the Material part of the Misrepresentation by proving that you are legally married in accordance with the customs and laws of India.
Bob 4 AnnaMalePhilippines2011-09-02 15:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)212(a)7(A) (i) (I)
Search for Humanitarian Parole....
Bob 4 AnnaMalePhilippines2011-09-16 11:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

The problem IMHO of building a better I601 sub-forum on VJ is again in my opinion the superior attitude of many not all VJ members who have done it the "right way", and when an I601 posting ends up in another forum as it so frequently does, the the gang of righteous VISA filers piles on. So in that sense i2us.net has a huge advantage because they police that stuff religiously.

That's a very valid point. I've seen the same thing when people post about AOS from VWP or Tourist Visas. I'm not a fan of either and I will point out the pitfalls (such as being sure they weren't pulled into secondary and set-up for Material Misrep is they try to AOS) but since there is a legal path I will point them in the right direction. Too many VJ Members just yell "YOU MUST RETURN HOME AND GO THROUGH CONSULAR PROCESSING" which is wrong.

Maybe VJ could get a moderator involved to better protect misplaced Waiver threads and even clean them up once they're moved to eliminate the "Hater" posts.

I don't believe in coddling and I am not the warmest or fuzziest poster but my PM's reach out to people in a more personal way, that is often needed in the I601 context. People in the I601 dilemma are not criminals or bad people and they are not gaming the system and more often than you might think got into hot water for lack of knowledge or confusion about Immigration Law or are victims of parents who put them in this situation. Not everyone is comfortable "putting it all out there", and each case is unique and different in the approach and when I see someone floundering in the process I try to provide a little morale support in a PM or a prod in the right direction in terms of an attorney referral. I provide more than enough general inquiry answers that are publicly visible.

I don't treat them like criminals but I also don't tolerate it if they whine and complain that it's not their fault they are in the current dilemma. I honestly believe the first step towards "getting it fixed" is to accept responsibility for your past mistakes and act accordingly otherwise everything they do will be tainted with the "I'm a victim vibe" including their Hardship Letter. I don't see that as helpful to their case at all. In the cases where the parents created their problem then acknowledging that and moving forward is a very powerful thing. The past can't be changed but it can be overcome.

I think you can see from some of the comments on my profile and the research links that I have created, that I have tried to elevate the quality of the I601 forum here. I2us.net serves a purpose but there is a huge gap in the area's of the world it specializes in. It also tends to cater to a large amount of people who are not researching but excessively posting non-immigration related crapola that clutters the interface and makes it difficult to navigate. Someone who reads the research links here from start to finish should have a good handle on the hardship standard when they finish reading.

It sounds like you've got a decent start, maybe with a little Moderator help (as I mentioned above) you'd have the boost you need to take it to the next level.

The key to success is not yapping incessantly with other people in the same boat its researching the hardship standard and applying the law to your own case and preparing a winning packet. It is also recognizing when you are in over your head and have a case that needs a specialist.

I couldn't agree more with this statement.

Edited by Bob 4 Anna, 16 September 2011 - 10:15 AM.

Bob 4 AnnaMalePhilippines2011-09-16 10:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

The first time you decided to do an end-run around the system you made the situation bad.

Why not stop trying to game the system and attempt the Hardship Waiver?
Bob 4 AnnaMalePhilippines2011-09-15 12:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

Couple things, like every other thread in this VJ forum, the I601 area is a HELPING forum not a finger wagging forum. If you want to be hostile to people go to Off Topic.

Another thing, Laurel Scott is probably pretty good, but she is certainly not the only game in town on I601, she may be the only I601 lawywer in your Roladex or memory but certainly not the best but maybe the most expensive.

We have a pretty active and helpful I601 area with some good research links, it sounds like you are running people off to me, not sure why.

If you don't have help to contribute ... without judgement and mean spiritedness maybe the I601 thread is not for you.

Finger wagging, what is this kindergarten? I was not hostile to the OP, I was simply "matter of fact"-ly with him.

You're right that Laurel Scott isn't the "only game in town" for I-601 Waivers but she does specialize in I-601, EWI and Central America all of which are relevant to the OP's case. He indicated that he has already tanked one I-601 filing, I would say it's time to stop going about it DIY and get a professional involved. How is pointing him in a good direction running him off?

I did notice that while you knock my suggestion (who does participate in free chats) you have failed to offer the lawyer you think is better (and cheaper) for Central American EWI I-601 Waivers so where is your help in this post?

Edited by Bob 4 Anna, 14 September 2011 - 06:44 PM.

Bob 4 AnnaMalePhilippines2011-09-14 18:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

i hear there is a forgiven thing u can file....i have a friend whos husband is doing the same thing!

Overstay being forgiven for "In Country AOS (Adjustment of Status)" requires 2 things that the OP's wife doesn't have and get obtain:

1. Legal Entry into the US (this gives the alien Legal Status to Adjust)
2. Continued Physical Presence in the US after going "out of Status" (this prevents the alien from getting an entry ban for the Overstay)


Bob 4 AnnaMalePhilippines2011-09-14 17:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

I may have left out a very important part.... I did file an I-160 and the letter stated that I indeed have hardship, yet I did not prove that my wife would suffer hardship. The waiver was denied. That was in March of 2008. Now what do I do after all this time has passed? Do I file a new I-160?

Bob 4 AnnaMalePhilippines2011-09-14 15:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

You say I broke the Law. You are telling me that if your wife was going to have a baby and you are on your way to the hospital and she starts screaming, your not going to BREAK the law and speed or do what ever it takes to have a child delivered in a good hospital! I bet you would do the same if you were in the same situation. So don't go preaching to me about breaking the laws! It's not like she was a smuggler or in the states to suck off the government!

Sure I'd speed but if I got pulled over I'd explain to the cop and wouldn't cry about it in front of a judge if the cop followed me to the hospital and issued a ticket for speeding.

Why have you never bothered with the I-601 Hardship Waiver if Honduras is so bad?

Why didn't you wait to get pregnant until after you got her here legally?

Even today USCIS isn't just "handing out Visas to everyone from Honduras or the Philippines (where my wife is from) but for the love of all that is legal you didn't even try did you?

You made a bad decision and your family is suffering for it. Accept it and move on, overcome it by facing what needs to be done to get her here.

Again, go the Immigrate2US.net. You'll find a lot of sympathy over there. If they had their way then EWIs would have an easy path to AOS in country.

You're not going to find what you want here as there is not easy option for you. Either wait out her entry ban or file the waiver.


Edited by Bob 4 Anna, 14 September 2011 - 03:09 PM.

Bob 4 AnnaMalePhilippines2011-09-14 15:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

I am wondering how you think that I am trying to "Game the System" my wife and I wanted our daughter to be born in the U.S. I was born in the U.S.A. As soon as our Daughter was born I started all of the proper avenues to get my wife an immigrant visa. Where am I gaming the system?

If you had played within the rules then you would have started the paperwork before your wife got pregnant.

Instead you tried to do an end-run around the legal immigration system and had her EWI. That is called "Gaming the System", "Cheating", "Being Short Sighted", need I go on.

My previous advice still stands. VJ has little (is any) tolerance for those who violate US Immigration Laws.
Bob 4 AnnaMalePhilippines2011-09-14 12:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)10 Year Ban

I bet she is pretty fed up with you giving her advice in immigration matters.

Can't agree more with this.

The first time you decided to do an end-run around the system you made the situation bad.

Why not stop trying to game the system and attempt the Hardship Waiver?

Go to immigrate2us.net, they specialize in hardship waivers for illegal entry/presence. Laurel Scott offers free chats once a week over there also.
Bob 4 AnnaMalePhilippines2011-09-14 11:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)A little more help please...

I filed it 2 weeks ago and got a letter stating they did receive it(the i130). How do I file the i864?how long does that usually take?Thanks again


You are a the very beginning of the process, spend some time reading the guide.

After you get your I-130 Approval (NOA2, which takes from 2 - 6 months on average), your casefile will be forwarded to the National Visa Center (NVC). This is where you'll pay the fees and provide the I-864 (AOS) & DS-230 Immigrant Visa Application.

The NVC will then forward the casefile to the consulate for consular processing.

Now she will need to have her Medical Exam and to the Consular Interview.

She will be denied at the interview and can submit her I-601 Waiver Hardship letter at the interview. The whole process can take from 8 - 14 months depending on how proactive you are in driving the process.
Bob 4 AnnaMalePhilippines2011-09-20 13:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)A little more help please...
She will have to go through the normal consular process. NVC, I-864 and Immigrant Visa Application with appropriate fees. The CO will deny her Immigrant Visa and she can turn in the I-601 Hardship Letter at the interview.
Bob 4 AnnaMalePhilippines2011-09-15 17:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Ineligible For A Waiver?

In my state, marijuana possession is not even a crime anymore, it is an infraction of the law much like a speeding ticket.

Of course you realize that it's irrelevant since MJ possession still violates FEDERAL law.

I have sympathy for you but would point out that any "solution" to your problem that would end with him being in the US is going to take years.
Bob 4 AnnaMalePhilippines2011-09-29 12:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Crabs in US EMBASSY MANILA
I think it's easy to say negative things about people we believe are getting in the way of things we want.

Visa Fraud is a very real thing and the Philippines has a history of it. If the Filipino Embassy Employees are "Crabby" maybe it's because they're not proud of the Fraud History their country has.

More than one case has been shut down by the USEM Fraud Unit totally shocking the USC Petitioner who discovered after the fact that they didn't even really know their Island mate.

Maybe we should try to remember that these employees are the first line of defense against such fraud.
Bob 4 AnnaMalePhilippines2011-11-24 11:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Arrested for Driving without license and household bills
From your timeline your husband already had his interview, right?

What is the waiver for?

Was he denied at the interview due to illegal presence and/or EWI/ Sorry to generalize but that would seem to be the most common thing to assume as your country flag is Mexico...

You really need to provide more info if you want to get useful feedback from VJers.

What would be the purpose of including the bills?
Bob 4 AnnaMalePhilippines2012-01-08 20:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)How long is a CR-1 good for post inadmissibility finding?
Material Misrepresentation at the Manila Embassy? OUCH!!!

This is a prime example of why nobody should use a fixer in the Philippines.

Since it's pretty easy of a US Expat to work and support themselves in the Philippines especially when they're married to a Filipino I wouldn't want to have to overcome the level of hardship needed for this one.

I wish I had some better advice to give but all I've got is to contact Laurel Scott or Marc Ellis (I think Marc Ellis is better versed in Asian countries and Laurel Scott with Mexico) and see if they might be able to help you.

Regarding your current attorney, this isn't a matter of Appealing the CO's decision. The CO wasn't even allowed to make a decision due to the prior Material Misrepresentation. Ask the lawyer if they have been successful overcoming a Material Misrepresentation Entry Ban with a Hardship Waiver. It's a very specific question.

Edited by Bob 4 Anna, 11 July 2011 - 12:34 PM.

Bob 4 AnnaMalePhilippines2011-07-11 12:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not sure if my parents need to file a waiver...please help...

Good news. I sent my question to the Embassy in Guatemala and they responded. I'm so happy that I finally got an answer which I'm attaching to help others in the same situation.

Are your parents from Mexico or Guatemala?

You do understand that one of the criteria for proving hardship is why he can't live with her in Mexico (or whatever country they are from), right?
Bob 4 AnnaMalePhilippines2012-02-06 15:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not sure if my parents need to file a waiver...please help...


Oh no! that means all the fees I've paid for her have to be repaid by my dad? how is that possible? they should notify the person of the ban when the I-130 is reviewed and not antil the end at the date of the interview when all the fees are already paid.

Why?
We are each responsible for knowing our own situation in life. You and your Mom knew that there were issues that might cause problems with her immigrating to the US, you guys should have looked into this BEFORE you filed anything.

You know what....what you're saying I already know. I'm just expressing my feelings in this forum and trying to to get an answer to my question. If you don't know the answer, please don't reply. I only need helpful advise at this point.
Thank you

I don't see how my response didn't directly address your statement. The way you said it was like you were blaming USCIS for your mistake. If you simply intended to express frustration at money wasted without attempting to deflect blame you could have said something like, "Well, it sucks we'll have to pay those fees again. I wish I'd researched the situation a little better."

>>>Helpful Advice Warning<<<


FWIW, don't overlook the comments about proving hardship in your mother's case in 5 years as it may prove the undoing in her case. Also, make sure your father doesn't spend too much time out of the US after her gets here as it will reset his naturalization clock.
Bob 4 AnnaMalePhilippines2012-01-22 11:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not sure if my parents need to file a waiver...please help...

Oh no! that means all the fees I've paid for her have to be repaid by my dad? how is that possible? they should notify the person of the ban when the I-130 is reviewed and not antil the end at the date of the interview when all the fees are already paid.

Why?

We are each responsible for knowing our own situation in life. You and your Mom knew that there were issues that might cause problems with her immigrating to the US, you guys should have looked into this BEFORE you filed anything.

Edited by Bob 4 Anna, 19 January 2012 - 01:28 PM.

Bob 4 AnnaMalePhilippines2012-01-17 13:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not sure if my parents need to file a waiver...please help...

She's not ban forever, she presented a fake I-551 document (green card)

Actually, it's not uncommon for persons presenting fake Visa/Passport/Greencard to be charged with Material Misrepresentation which does incur a lifetime re-entry ban. The only worse offense (in USCIS's eyes) is false claim to US Citizenship for which there is no waiver.

She'll have to wait it out in Mexico until your father can naturalize (at least 5 years) and petition her with a hardship waiver.

I wonder how difficult it would be to prove extreme hardship (and that he can't live with her in Mexico) after he's lived apart from her for 5 years after having lived all of his life in Mexico prior to immigrating to the US (with the exception of his illegal presence in the US)?

Edited by Bob 4 Anna, 12 January 2012 - 10:56 AM.

Bob 4 AnnaMalePhilippines2012-01-12 10:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)LARGE AGE GAPS, PRIOR MARRIAGES NEED NOT APPLY

I personally feel it's not the COs business if my fiance hurt me down the line. That is something I should've figured out before applying for him. People see signs of a bad relationship and still pursuit so who's fault is that. It is the COs job to proof that my relationship with my man is real and not to tell rather or not he's bad or good for me. That's my opinion.

You have every right to be in a bad relationship if you want...

The US Government also has the right to not allow people of "Low Moral Character" (such as ones who would physically, emotionally or sexually abuse US Citizens/residents) to enter the US at all let alone on immigrant visas.
Bob 4 AnnaMalePhilippines2012-03-15 08:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)LARGE AGE GAPS, PRIOR MARRIAGES NEED NOT APPLY

This ?s very well sa?d and I totally agree, but can you really trust Amer?can men? Marr?ages beg?n and end ?n days, weeks or months ?n Amer?ca as well because people th?nk they are ready or one ?s only us?ng the other. I believe that ?t ?s very hard for anyone to know for sure ?f a marr?age ?n bonaf?de or not. If there ?s ev?dence a marr?age ?s not bonaf?de, then deny the v?sa and share ev?dence ?mmed?ately w?th the Amer?can petitioner.

Very true but when the romance/marriage is international and one party wants to immigrate to the other's home country then that Government has a right to decide if "it" believes the marriage is just for one party to gain immigration benefits.

Part of the problem with sharing the evidence with the Petitioner is that they can be "in on it" or simply niave and refuse to believe it then pass the info along to a scammer who can figure out how to overcome it.
Bob 4 AnnaMalePhilippines2012-03-12 23:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)LARGE AGE GAPS, PRIOR MARRIAGES NEED NOT APPLY
First, it is important to take into account "Cultural Norms" for the Alien Spouse as in many countries these "Norms" are something children are indoctrinated into and breaking them is a very big deal. From historical data is does seem that more often than not when a young MENA Man breaks the a "Cultural Norm" by marrying a woman twice his age then it is for the "acceptable purpose of immigration to the US" so it is legitimate for DOS/USCIS and the Embassy staff to assume this is the case.

Second, why do they let you apply anyway? Well that's pretty simple, they are giving you the opportunity to prove that your marriage is one of those in the minority and your MENA husband deserves an Immigrant Visa. There are reports on VJ of couple where the woman was much older than her MENA husband, divorced (some even more than once) and they are now living together in the US.

I'm not going to pass judgement on your case, nobody here should, but I will remind you to read how many threads there are in the MENA section of women complaining about how they were so sure of the reality of their marriage. How hard they fought to get him here and then how quickly things changed when that Greencard arrived in the mail.

It's like the middle-aged "Kano" male euphoric about bringing his teen fiance from China, Thailand, Philippines etc and then once she gets here he complains that he's raising a child. Again there are a lot of success stories from this region but it's also rife with hidden agendas (on both sides) and faulty expectations (again on both sides).

Enter these situations with realistic expectations on both sides and understand what you'll be dealing with for the immigration process, it's the best you can do.

Edited by Bob 4 Anna, 12 March 2012 - 08:57 AM.

Bob 4 AnnaMalePhilippines2012-03-12 08:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)SENATOR RECEIVED INFORMATION FROM EMBASSY
Actually from what I read of other MENA relationships in a similar situation, you want a second interview.

Provide the Embassy in Turkey with every single thing you have and request they give you a second interview, tell them you will be there. Attend the interview and expect it to be a Stokes Interview. They will separate you guys and ask very personal and probing questions.

If the petition is returned to USCIS then you want it reaffirmed because that gets you a second interview and USCIS will have confirmed the validity of your relationship.
Bob 4 AnnaMalePhilippines2012-03-26 19:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)denial 212 a6c1

it is not bigamy, i have been divorced of my first"marrige" years ago.


OP, any update?
Bob 4 AnnaMalePhilippines2012-03-19 11:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)denial 212 a6c1
So let's see if I have this right:

At the interview you both claimed to have "been together" since 2001.

The interviewer now has two facts that contradict this:

1) Your 3 year marriage to his brother.
2) His 3 year old son with another woman.

So here is what the CO saw:

His former sister-in-law who is now his wife has petitioned him to come to the US.
Both of you have concealed the fact that you were previously married to his brother.

Since having a bonefide marriage is material to the issuance of a Spousal Visa then anything that casts doubt on the bonefideness of the marriage is also material to the Visa.

Your situation surely casts doubts on your marriage. Lets be honest here, to a reasonable person it could easily appear as if you divorced your husband and married his brother to help bring him (and eventually his child and the mother of his child) to the US. I mean why else would you conceal the marriage?

Of course your husband's denial of any knowledge of the previous marriage just isn't going to have the ring of truth. How could he not know his brother is married (for three years none the less).

As others have said at this point your only chance is a good lawyer who is experienced with overturning Material Misrepresentation Charges.
Bob 4 AnnaMalePhilippines2012-02-04 09:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)denial 212 a6c1

Then why is it worded "by fraud or willfully misrepresenting a material fact ", that isn't my rewording of it but the code as it's written in INA...

It seems that the way it's worded someone could be denied for simply presenting any fraudulent information which would make sense.

FWIW, I'm not trying to dispute that there could be something else happening here.

And it's the 'materiality' that is the issue..the false information (in whatever form) must directly impact the alien's ability to legitimately get a visa. For example, if the info presented fooled the VO initially, but they discovered the fraud, say, the next day, the applicant is toast. And even if the phony documents were crafted poorly, all that matters (usually) is if the VO believes that had those documents been bona fide,a visa would have been issued, that is just about the standard for a 6C finding. It does not (normally) require the same standard as might be the case in a court of law in this country..

Again, I agree the Alien must have said or done something at the interview (as I originally pointed out while everyone was still hung-up on the USC's Petition)...

What I don't understand is if any fraudulent activity during the application process that isn't related to a material fact is irrelevant then they even include "fraud or" in the quoted section. But that's irrelevant here...


Back on the subject though. If the CO felt that the current marriage is fraudulent and only for immigration purposes as a result of the discovery of the marriage which the Alien then denied even existed could that not trigger the CO believing that a material fact was being misrepresented (that being the bonefideness of the marriage)?

I know I'd have serious doubts about a marriage where the husband wasn't aware his wife is also his ex-sister-in-law.
Bob 4 AnnaMalePhilippines2012-02-03 16:53:00