Forum	Title	Content	Member	Sex	Country	Date/Time
K-3 Spouse Visa Process & Procedures	Questions for expat and husband	QUOTE (kdenmark @ Apr 14 2008, 06:38 PM) <{POST_SNAPBACK}> My daughter will be having my first grandchild this year, and this has changed our decision on where to live. We have been married for almost 8 years and have been living in Jamaica. Our thoughts are to go to the US (where I am a citizen) and file for him (Jamaican national). I have noticed most of the cases are newly marrieds (congratulations to all) and have the following questions if anyone knows any answers. Do you still have to provide proof of relationship if you have been living together outside US? Since we travel frequently to the US, can we file in the US on one of our trips? Is it necessary for both to be at the interviews? You could file while in the USA, but he'd still have to await the proper visa, and be prepared for consular processing in his home country.	diadromous mermaid	Female	0	2008-04-14 17:47:00
K-3 Spouse Visa Process & Procedures	very bad news	QUOTE (clatita @ Jun 7 2008, 05:11 PM) <{POST_SNAPBACK}> the CO is the best!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! and she did her work QUOTE (diadromous mermaid @ Jun 7 2008, 08:53 PM) <{POST_SNAPBACK}> QUOTE (clatita @ Jun 7 2008, 04:21 PM) <{POST_SNAPBACK}> yes she is a bad CO when you did not say the truth theiy say ok for the visa and when you are honest and clear theiy say no for the visa Actually, I beg to differ. The CO is not a bad CO, this CO is following the prescribed protocol as laid out in the regulations. Your custom required you be married before leaving for the USA. You chose a visa process afforded only to those that are not married. Knowing your family would require that you marry, you could have saved yourself some heartache by not taking what appeared to be a faster route. In this case the CO was right, and unfortunately, you and your husband made the wrong choice. Just a caution....sometimes sarcasm can bite an alien in the a$$...especially in harsh consular offices :lol	diadromous mermaid	Female	0	2008-06-07 16:16:00
K-3 Spouse Visa Process & Procedures	very bad news	QUOTE (clatita @ Jun 7 2008, 04:21 PM) <{POST_SNAPBACK}> yes she is a bad CO when you did not say the truth theiy say ok for the visa and when you are honest and clear theiy say no for the visa Actually, I beg to differ. The CO is not a bad CO, this CO is following the prescribed protocol as laid out in the regulations. Your custom required you be married before leaving for the USA. You chose a visa process afforded only to those that are not married. Knowing your family would require that you marry, you could have saved yourself some heartache by not taking what appeared to be a faster route. In this case the CO was right, and unfortunately, you and your husband made the wrong choice.	diadromous mermaid	Female	0	2008-06-07 15:53:00
K-3 Spouse Visa Process & Procedures	Can I stay in US? Urgent help please!	QUOTE (pushbrk @ Oct 8 2008, 08:58 PM) <{POST_SNAPBACK}> QUOTE (Wis-Can @ Oct 8 2008, 04:52 PM) <{POST_SNAPBACK}> Everyone on here doesn't like being separated from their loved ones, but why would you want to jeprodize your chances of a obtaining a Visa by overstaying on a tourist one. I can't imagine it winning you any points. I cry every day that I'm not with my honey, but by doing it the "legal" way is the best thing for us in the long run. If it were me, I wouldn't risk it. Maybe someone else on here can give you some more advice. Take care and good luck. From my reading, your intent at last entry was to visit. You only became concerned after being warned you were visiting your husband too often. Unless I'm missing something you entered without intent to immigrate. If you now desire to stay, I don't see any reason why you wouldn't be able to simply file to adjust status. If you do file, don't leave the USA until you have a green card. Not wise guidance since you are not aware of any exchange of information at the POE.	diadromous mermaid	Female	0	2008-10-08 20:14:00
K-3 Spouse Visa Process & Procedures	Can I stay in US? Urgent help please!	QUOTE (Jeanlovesandy @ Oct 8 2008, 06:56 PM) <{POST_SNAPBACK}> I am a Canadian, Married a greedcard holder last Feb in California. He will be a US citizen tomorrow, . I visit him every month. But last July, I did not tell the border the truth ( I said shopping. they caught me) and they denied my enter. Since then, I had to apply for tourist visa visit my husband. But last time in Sept when I entered the border, they warned me that I visited my husband too often. I think if I return to Canada, they won't let me in any more. We love each other so much. We can not separate for several months. We are going to apply K3 visa. Can I overstay in US? what will happend if I overstay? Help please. Thank you. Jean Well, since he has been a PR for some time and is a US citizen now, what prevents him from visiting you while you wait for the appropriate immigrant visa?	diadromous mermaid	Female	0	2008-10-08 18:57:00
K-3 Spouse Visa Process & Procedures	How do you get someone sent home who has come to the USA on a K3 Visa but has not adjusted their status?	Simple answer ~ you can't get them sent home but you can divorce and status will terminate 30 days thereafter. QUOTE (blank @ Feb 11 2009, 03:58 PM) <{POST_SNAPBACK}> I would like to know how to get a spouse sent home who has arrived in the USA on a K3 visa but has not adjusted status? USC no longer wishes to be married to immigrant.	diadromous mermaid	Female	0	2009-02-11 16:01:00
K-3 Spouse Visa Process & Procedures	MAJOR problem developing ...	QUOTE (rebeccajo @ Feb 18 2009, 08:50 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Feb 18 2009, 08:49 PM) <{POST_SNAPBACK}> Does the biological father have an attorney? It might be possible for him to execute various documents with a range of dates before a notary (most attorney's have them on staff) at his attorney's office that could be "issued" to you when the time comes? *waves to the mermaid* *waves back. Hi there!*	diadromous mermaid	Female	0	2009-02-18 21:05:00
K-3 Spouse Visa Process & Procedures	MAJOR problem developing ...	Does the biological father have an attorney? It might be possible for him to execute various documents with a range of dates before a notary (most attorney's have them on staff) at his attorney's office that could be "issued" to you when the time comes?	diadromous mermaid	Female	0	2009-02-18 20:49:00
K-3 Spouse Visa Process & Procedures	K3 petitioner dies!	http://www.cpvisa.co...instatement.pdf Edited by diadromous mermaid, 24 July 2009 - 08:44 PM.	diadromous mermaid	Female	0	2009-07-24 20:44:00
US Embassy and Consulate Discussion	affidavite of support need help	Of course, they may have a problem with used car salesmen in general.... good luck! Why?	diadromous mermaid	Female	0	2006-02-06 12:00:00
US Embassy and Consulate Discussion	affidavite of support need help	Are you obliged to pay child support?	diadromous mermaid	Female	0	2006-02-04 14:56:00
US Embassy and Consulate Discussion	affidavite of support need help	You pay yourself a lean salary and invest the excess (what you'd be inclined to pay yourself) in the business to add inventory to the business. Such inventory is clear and paid for. Do all businesses operate with inventory all paid for? Might be worth a call to an accountant to see if there could be a way that you could show the unpaid salary in some way	diadromous mermaid	Female	0	2006-02-03 18:06:00
US Embassy and Consulate Discussion	notarizing copies of the the 1040 tax forms	You do not need notarized copies of tax returns (I only sent unsigned and un-notarized copies since I file electronically!) If the Nigerian consulate demands it then and only then you should get them notarized. Good Luck I'm sure this has been discussed elsewhere, but I am still puzzled. How can a notary notarise a form that has already been signed?	diadromous mermaid	Female	0	2006-05-05 17:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Expiration date of visa after waiver	QUOTE (annasherwood @ Feb 15 2008, 07:12 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Feb 15 2008, 11:01 PM) <{POST_SNAPBACK}> QUOTE (annasherwood @ Feb 14 2008, 08:33 AM) <{POST_SNAPBACK}> can they possibly expect us to be ready to travel in 6 weeks?? anna DCF... sponsor domiciled in US. Why can't they? i thought the visas were good for 6 months; we are living in the UK and our sponsor lives in the US, but that doesn't change the fact that we have things to tie up here---we have to give notice for jobs, sell cars, arrange travel for us and 2 dogs, get medical records----none of which we could accomplish before we knew if our waiver was going to be granted You are the sponsor (primary), and having declared that you are domiciled in the USA, is indication that you are *there* for all intents and purposes. The person in the US right now is a "joint sponsor".	diadromous mermaid	Female	0	2008-02-15 20:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Expiration date of visa after waiver	QUOTE (annasherwood @ Feb 14 2008, 08:33 AM) <{POST_SNAPBACK}> can they possibly expect us to be ready to travel in 6 weeks?? anna DCF... sponsor domiciled in US. Why can't they?	diadromous mermaid	Female	0	2008-02-15 18:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Expiration date of visa after waiver	QUOTE (annasherwood @ Feb 14 2008, 12:20 PM) <{POST_SNAPBACK}> QUOTE (LadyJane @ Feb 14 2008, 04:35 PM) <{POST_SNAPBACK}> What kind of visa is it? If it's a CR1 or a K3, it is a multi-entry visa. If you have to rush to get the visa activated, how about just going to the border to activate the visa and then return to your home country and finish making your travel arrangements. I realize this advice would mean lots of extra time and money, but if you are in a rush this would work. If your visa is a K-1, remember it's a one-time-only entry. Good luck, and congrats on getting your waiver sucessfully! it's a CR-1 visa, so we have Plan B to send him to NY on a cheap flight and turn right around and come back---MAJOR pain in the behind, tho, but we'll have to do that if nothing else can be sorted... the only thing i can think of is that the waiver process took up the 6 month grace period and they won't change it...but i pray they can give us more time... lord, it's neverending... anna Your plan may end up biting your foreign-born in the butt. QUOTE Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date .	diadromous mermaid	Female	0	2008-02-15 17:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Resident Waivers Expert	QUOTE (christinejohn @ Feb 23 2008, 04:15 PM) <{POST_SNAPBACK}> Hello, After asking several members for a specific help regarding waivers I was told there is a resident waivers expert on VJ. Could you please send me a message? Thank you, have a nice day. Try posing your question on f-a-m-i-l-y-(remove hyphens)-b-a-s-e-d-i-m-m-i-g-r-a-t-i-o-n-(dot)com/forum.php or immigrate2us.net	diadromous mermaid	Female	0	2008-02-25 20:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Is this marriage fraud?	I am confused by the facts offered. What reason was given for your acquaintance to leave this country to be processed at the consular level? If he married a USC why wasn't the I-130 and the I-485 package filed concurrently? QUOTE (doctor795 @ Jun 23 2008, 06:53 PM) <{POST_SNAPBACK}> Actually he is still in the US. The IJ denied his adjustment application(despite wife being USC and a daughter being USC). The IJ said he thinks the person is not credible. The IJ didn't say any word about marriage fraud. My friend has an approved I-130 and will now have to go to his country and try to get an immigrant visa. Because he overstayed he will have to file waiver for hardship. I was just asking every one's opinion that "does this come under marriage fraud". Or may be I should say if some one knows of a situation where some one has gotten a waiver approved despite a marriage fraud. QUOTE (jpaula @ Jun 23 2008, 04:39 PM) <{POST_SNAPBACK}> I do not think marriage fraud is waivable. So, if they have given you the I-601 for an overstay, I would guess they have not counted marriage fraud into the equation. BUT, I would definitely read your denial over very carefully, preferably with a lawyer, to determine the exact grounds for your denial. Did they actually deny you for not being credible? Or did they just say, in passing during an interview, that you were not credible? Did they mention the marriage issue in passing or in the official denial? Edited by diadromous mermaid, 25 June 2008 - 06:53 PM.	diadromous mermaid	Female	0	2008-06-25 18:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Is this marriage fraud?	QUOTE (doctor795 @ Jun 22 2008, 02:26 PM) <{POST_SNAPBACK}> Hi all, Please read and give your opinion. If someone attempted marriage fraud but didn't actually do it. Is that considered marriage fraud???? ok let's say Mr A asked a friend to marry him for GC. That friend tells his boss at work. Mr. A gets fired and boss writes a letter to USCIS. That friend who told the boss didn't give a statement or wrote letter to USCIS. Mr A denies to IJ about ever asking any one for marriage for GC. Again that friend never testified in the court nor gave statement to the USCIS only told the boss who wrote letter to USCIS. Also the boss testified to USCIS in the court against Mr. A. While Mr. A told IJ he never asked any one to marry him for GC......Is that considered marriage fraud, if not does Mr A need a waiver for this. Mr. A's case was denied for adjustment. IJ said Mr A was deceitful and dishonest and not creditable Mr. A now has to file I-601 for overstay. The question is does he need to address the issue of allegation of attempted marriage fraud as well in the waiver...please share your experience.................... So, whom did Mr. A marry? Or did he not marry at all? And if he did not marry under what basis was he applying to adjust status?	diadromous mermaid	Female	0	2008-06-23 19:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Is this marriage fraud?	QUOTE (doctor795 @ Jun 22 2008, 02:26 PM) <{POST_SNAPBACK}> Hi all, Please read and give your opinion. If someone attempted marriage fraud but didn't actually do it. Is that considered marriage fraud???? ok let's say Mr A asked a friend to marry him for GC. That friend tells his boss at work. Mr. A gets fired and boss writes a letter to USCIS. That friend who told the boss didn't give a statement or wrote letter to USCIS. Mr A denies to IJ about ever asking any one for marriage for GC. Again that friend never testified in the court nor gave statement to the USCIS only told the boss who wrote letter to USCIS. Also the boss testified to USCIS in the court against Mr. A. While Mr. A told IJ he never asked any one to marry him for GC......Is that considered marriage fraud, if not does Mr A need a waiver for this. Mr. A's case was denied for adjustment. IJ said Mr A was deceitful and dishonest and not creditable Mr. A now has to file I-601 for overstay. The question is does he need to address the issue of allegation of attempted marriage fraud as well in the waiver...please share your experience.................... "Is it marriage fraud?" ....it's just like propositioning a hooker for sex ....it's illegal whether you actually do the wild thing or not	diadromous mermaid	Female	0	2008-06-22 13:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	i WAS DENIED ENTRY...OR BANNED?	QUOTE (*Giuly and Rocky* @ Aug 27 2008, 09:27 AM) <{POST_SNAPBACK}> QUOTE (Alexandra_v @ Aug 27 2008, 12:32 PM) <{POST_SNAPBACK}> Went true the same thing! No worries, just apply for the K-1 or K-3 visa and you will be fine! Good luck !!!! I'm glad to hear that! I think that even if they would ban you they would write it somewhere right? Only think I don't understand is the 212( a ) code! Because there are not other letters or number after it? does it mean just deny entry then? OMG! So worried! FORM (235(b )(1)) is usually used for voluntary withdrawal of an application for admission. Are you sure there's nothing more written in your passport?	diadromous mermaid	Female	0	2008-08-27 18:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	REMOVAL PROCEEEIDNGS AFTER I-130 APPROVAL	Your wife would join you? How would that play out for a waiver of any inadmissibility?	diadromous mermaid	Female	0	2008-10-12 16:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Waiver needed for misrepresentation and denial of admission?	I think we can safely guess who you voted for, Jomo's girl. In fact, instead of Obamo, I think the member is Omoba. QUOTE (Jomo @ Nov 7 2008, 11:12 PM) <{POST_SNAPBACK}> I am so sorry. PM Obamo (MENA forums) on here. I think her SO recently had the same thing happen (earlier this year?). She has done extensive research and is fighting it.	diadromous mermaid	Female	0	2008-11-09 13:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Approval after being deported in 2006 ?	You are comparing apples and oranges. Their journey might be very different from yours. First, an interview held in the USA with USCIS is an interview connected with the I-130 petition, and has nothing to do with a visa. That interview is conducted in the country of the foreign-born and occurs later in the process. QUOTE (jenprado1130 @ Jan 1 2009, 07:01 PM) <{POST_SNAPBACK}> I know a girl who's husband was here illegally. They were married here for 5 years before he was asked to leave. He had SEVERAL drug charges, DUI's and domestic abuse arrests under his belt. He went back to Guatemala. His wife petitioned with an I-130. They were approved and are now in the VISA process. Their interview was here, which I thought was crazy. The beneficary didn't even have to attend. My husband has never had any charges against him here or in Costa Rica I am hoping they see that my husband is a good person. We just want to be together.	diadromous mermaid	Female	0	2009-01-01 19:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Approval after being deported in 2006 ?	He incurred a 10 year bar to admissibility when he was removed. You'll need to file a hardship waiver to try to overcome that. Naturally, your child and her recently diagnosed sickeness would be a compelling reason for you not to be able to move to Costa Rica. Have a wander around http://www.immigrate2us.net and read the waiver forums carefully. . QUOTE (jenprado1130 @ Jan 1 2009, 06:41 PM) <{POST_SNAPBACK}> My husband was here illegally for just about 2 years. To make along story short, he was arrested because there was an immigration warrant. He wasn't doing anything illegal when he was picked up. (aside from the obvious of being here illegally) He was detained at York county Prison in York, PA for just about a month. Then they sent him back. I would have married him here and alot sooner if I knew he was going to get deported. April 1st 2007, he told me he wanted to marry me one year from that day !! He was taken away (July 07) and all I could do was visit him every weekend until he was flown home. ( aug 07 ) I flew to Costa Rica and married him in Nov 07. My situation is that I am not able to move out of the country due to a custody agreement with my ex-husband that says I must reside in a certain county/school district until my daughter graduates high school. ( in 10 more years) My daughter was also diagnosed with a brain tumor AUG 06. She is now treated at Children's Hospital of Philadelphia. Which happens to be one of the best Children's hospitals in the country. I need my husband here to support me emotionally and financially. It is very difficult for me to travel back and forth to see him with things the way they are. I retained an immigration attorney because of the deportation. He has been wonderful. He hasn't held up any paperwork and always answers my questions. We plan on filing a hardship waiver when we go to the interview. The attorney was referred to me by a comany attorney. When I researched him, I found out he was voted best Immigration attorney in Philadelphia Magazine. I was very weary about hiring an attorney but I know the deportation might pose a problem and I didn't think I should deal with that myself. I was just wondering if anyone knows of anyone who has similar circumstances. And what was the outcome? The attorney told me the deportation shouldn't be a problem due to the fact that he has never been in trouble with the law beside this. I worry because my husband is 13 years younger than me. It is a real relationship. We were together before he was deported. When he was taken away from me I was devastated. After getting hit with my daughters diagnosis, it was so hard to lose him too . Now, my heart is breaking because I can't be with him. It is a huge hassle financially to fly to Costa Rica and see him. I am holding my breath hoping this goes smooth. Any input is appreciated.	diadromous mermaid	Female	0	2009-01-01 18:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Waiver for voluntery departure	If he honoured the VD then I don't think a Section 212 waiver for deportation is necessary. QUOTE (jpaula @ Apr 22 2009, 10:06 PM) <{POST_SNAPBACK}> Were you not officially deported? If you were detained while out of status I am going to guess that you have a deportation order even if you then left under voluntary departure, no? If so, you will need to file a waiver for this as well as your overstay.	diadromous mermaid	Female	0	2009-04-22 22:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Fiancee overstayed on B1 Visa and now has 5 year ban	Was there a notation on her visa/passport indicating Section 212 (7)(A)(i)(I)? If so, then the CBP agent declared her inadmissable since she did not have a valid immigrant visa (used her claim that she was to marry you shortly after arrival and did not pay attention to her claim of work). The 5 year ban would be for Expedited Removal. Nothing to do with misrepresentation, but due to the fact that she was ordered removed at the POE.	diadromous mermaid	Female	0	2009-07-13 22:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Fiancee overstayed on B1 Visa and now has 5 year ban	Much of what I have to add would repeat some of the guidnace offered already, but I will note that if her original return ticket was for April 22, then CBP was correct in noting the I-94 to expire after that date. Even though a visa is valid for a period of a year, it doesn't mean the period of authorised stay lasts a year too. The company should enquire with the individual or agent that changed her ticket to return to Japan on June 26, to see why that issue was not discovered before she was on her way back to the US again. Who knows, it's possible that an extension was applied for but no approval was received in time for her June departure from the US. I;m not sure if that would be of help, but it certainly would indicate that the project for which she had been summoned to the USA was continuing, and that her personal interest in marrying while in the USA was not an indication of an intent to remain. By the way, what was the date of the return ticket to Japan on her second trip to the US when she was detained in Dallas? QUOTE (netsatwork @ Jul 13 2009, 10:52 AM) <{POST_SNAPBACK}> I am not really sure where to post this, but since we are looking for a waiver on a 5 year ban, I guess I'll start here. Here's the story: I met my fiancee about 4 months ago in Louisville, KY through a mutual friend. She was working in the US through her Japanese headquarters and came on a 1 year B1 visa. According to the visa, she had to go back to Japan before 6 months in the US and stay for a few days, then she could return. Her employer said they would take care of everything and tell her when she needed to leave, etc. We fell in love and spent every day together, then her company told her she needed to return to Japan on 6/26 for 10 days and then come back. We decided I would go with her so I could meet her family. I left Japan July 4th, she came back July 6th and was stopped in Dallas. She spent a day in a holding cell and the night in the Dallas jail because she learned that her visa has expired on 4/22 instead of 7/22 like she had thought. Her company had copied her passport and everything, but never noticed the I-94 showing it expired on 4/22. First mistake was her company bought her initial plane ticket for arrival in US on 1/22 and departure on 4/22, thus immigration assumed she only needed 3 months here. Second mistake was them not noticing the I-94. The last mistake was that when she got to the US and was in Dallas, she told them about me and out plans to marry, hoping to help the situation. Apparently it made it worse. The company's lawyer tells me she then could not be admitted because she had intent to remain permanantly on a B1 visa. Her true intent was to work, but we had also hoped to get married. Now she is back in Japan with a 5 year ban and we are waiting to see if the company is going to help us get this worked out. We haven't really heard any news yet. The case is at the US Consulate and we don't want it to sit too long. I wanted to get some feedback on what people thought about getting a waiver on the 5 year ban and the possibility of another visitor/B1 visa for her. A side-note and back-history, she was denied an initial request for a 5 year B1 last year when she first applied because she was unclear about stressing that her employer is her Japanese company (which it is) and they thought she was going to be an employee in the US. The lawyer was able to apply pressure and get it to a 1 year visa approval. Just wanted everyone to consider that too. She has only a 2 year degree, so I believe she cannot apply for a full, sponser work visa. Any info will be greatly appreciated. We are considering a K1 visa, but the wait is about a year according to the lawyer and there is still the 5 year ban to contend with. Thank you.	diadromous mermaid	Female	0	2009-07-13 21:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Notice of Intent to Revoke - got 2 of them	You mentioned that not much had gone on with your case for 2 years...do you mean before the Notice was issued in June of this year? My understanding is that a Notice of Intent to Deny means that unless you provide them with more proof or evidence that the relationship is bonafide then the petition will be denied. However, a Notice of Intent to Revoke, I believe, means that the I-130 was approved and now evidence has come to light which creates question as to the validity of the relationship you have with the alien. I suppose it could be a case of mistaken identity... but, there's no really delicate way to ask this, so...Are you sure your husband was not the beneficiary of another petition shortly before you married? QUOTE (Usman's Fairy @ Jul 4 2009, 11:37 PM) <{POST_SNAPBACK}> Hey all, I guess it's been longer since my last visit than I thought... it's so very different! I hope everyone is getting good news on their individual cases. I may not be online much these days but you guys are always in my prayers. Well, I need help. On June 26, 2007, our petition ( I-130) was called back to the CSC for further review (My husband, Usman, is in Kohat, Pakistan). for almost exactly 2 years absolutely nothing has happened on our case ... not even my congressman's office could get anything other than the basic "we'll get to it when we get to it" verbage. On June 9th, 2009 they issued a notice of Intent to Revoke, giving me 30 days to submit my response. On June 18th I received a second notice, exactly like the first one but giving the due date of July 18th. Online and by phone status still make no mention of this notice being issued. Our case has had one issue after another (it was "lost" and I was informed that "technically" the USCIS didn't HAVE to process my petition at all due to a law that President Clinton passed - It was miraculously found and processed when I said I would get my congressman to inquire on the validity of that law) - Anyway.... aside from getting 2 of these notices with differing dates, there are several other problems with the reasons for their decision. It states the petition was filed by Hildegarde Chapparo on 02/24/06 - I do not know her and that is 4 months before we were even married!! They have misstated how we met and how long we knew each other before we decided to get married (they say we chatted a few months but I think nearly 2 years is a bit more than "a few months" ) They state our wedding date as 06/26/06 when we were married on 06/06/06. They go further to say that I could not describe how I met my husband or provide proof of personal correspondence -- uh, no one ever asked me anything but I do have several letters that I sent to them while trying to find out where our petition was and why it was taking so long and each one has a very detailed description of how we met and how we communicate. Of course they also include the normal things like it's not normal for a Pakistani male to marry outside his culture, family circle, religion and language ... our wedding was not big enough and it was just family... he didn't know every detail about every family member of mine. My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance. I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much. I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best. Saba	diadromous mermaid	Female	0	2009-07-05 18:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Are kids enough for hardship?	Oh brother. Now look, after reading your other post (thanks Mister_Bill) it appears you've got yourself in a bit of a mess. But rather than complain about the system, a system, mind you, that your husband abused not once, but is intending to abuse again, why not just work WITH it? If you really are here for your dying mother, why on earth didn't you mention that as part of the hardship you'd face? It might seem harsh, but I think you are grasping at straws instead of facing this head on. Your husband could return to the UK and await a petition. You could remain here and tend to your ailing mother. QUOTE (mamato2 @ Jul 19 2009, 08:09 PM) <{POST_SNAPBACK}> Someone told me if we could prove hardship they coudn't deport my husband if he overstays again while applying for a green card. I think it's pretty ####### to force me to live abroad when I don't want to and my mother is dying and I can't be near her then. being near your kids isn't important enough for them? that is pretty sad, esp when I know there are so many people in this area we are in that are not legal and living off the state	diadromous mermaid	Female	0	2009-07-19 19:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Are kids enough for hardship?	If you can just as easily move to reunite with your husband than to stay here without him, what sort of hardship are you really representing? I'm being honest, not flippant. The immigration service, when considering waivers, would look into the hardship posed to the US citizen, that would not exist were it not for the alien's inadmissibility. If you have MS and that requires assistance for you, and for you with the children, then so state. If your medical condition would be worsened by having to relocate to the EU, where you would not be able to secure the care you require, then so state. Edited by diadromous mermaid, 19 July 2009 - 05:29 PM.	diadromous mermaid	Female	0	2009-07-19 17:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Has anyone successfully appealed to the supervisor at POE to overturn ban?	Well, only if Laurel is his attorney. QUOTE (TBoneTX @ Jul 17 2009, 06:42 PM) <{POST_SNAPBACK}> QUOTE (*Len* @ Jul 17 2009, 04:47 PM) <{POST_SNAPBACK}> Laurel Scott told you Uh, attorney/client privilege, anyone, or was this made public before, and by the OP?	diadromous mermaid	Female	0	2009-07-17 17:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (bryan&nicole @ Apr 30 2008, 07:41 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Apr 30 2008, 09:01 AM) <{POST_SNAPBACK}> QUOTE (bryan&nicole @ Apr 29 2008, 09:29 PM) <{POST_SNAPBACK}> I was in the united states last in 04/2003. I was ordered removed because I had no papers. This was only because of my attempted entry in 1996. In 1996 I arrived at the border with proper passport and visa, but based solely on my looks, a officer tore my passport up and through me in jail! Once out, I was faced with the fact, that in California where my husband and my four month old daughter. My husband had no money for day care, or time, or even experience to tend to our baby. I had no money for layers, with fear, anger and indescribable worry about my daughter; as any mother would, I did not think to seek help at the Mexican embassy! I thought only of my daughter, and I went for her! It was the most traumatic experience of my life! I latter retuned to Mexico on my own. In 2003 I was single with two kids, and I made a mistake. Fueled from desperation, and a dream to better my life, I chose to return to the United States, and I regret it! It cost me dearly, I received sever penalties, but I was penalized for something that was not a mistake, something that was not my fault . Mexico would not give me a new passport as they did not believe what had happened, and you could imagine what I thought of American immigration! So in 2003 a combination of being young and ignorant, I tried to return with out papers and I was caught. In 1996 the United States made a mistake, but all they can say now, is their sorry! I have no recourse for that, as immigration law is above the law, it cannot be taken to court! Now I not only pay for my mistakes in 2003, I pay for a mistake the United States made in 1996! While I can *feel* for your dilemma, assigning blame to CBP or the Immigration Service for your situation is not only improper, but will get you nowhere. Every tourist entering this country is presumed to have immigrant intent. That is the law. The fact that you were not able to overcome that is not a fault of the border agents, it is your issue. You had a husband and child in the USA at the time. Entering the country with a tourist visa in hand, yet your immediate family already in California shifts the burden of proof to you to demonstrate that you were not using a visa inappropriately. However, I do wonder if there would not have been a way for you to appeal their actions after you were released and get your documentation back. But, I suppose that is water under the bridge. The problem is that after such an unsuccessfuly attempt, you chose to circumvent the law and enter again in 2003. Once again you were unsuccessful. Immigration law is not above the law. There are ways and means for aliens to hold the Service to task. I think in view of the fact that the USA is the palce your family chooses to reside, you might wish to change your tune as to how you perceive American immigration law, and the manner in which you allege the United States is inclined to evade facing mistakes made on its part! Good luck. The Supreme Court has stated that the Bill of Rights does not apply to immigration cases. So, the right against self-incrimination does not apply. In regard to the false imprisonment, while the guard's behavior may have been inappropriate, there's no false imprisonment charge as he has the authority to hold aliens for several months on the allegations he had against your wife. There is no standard of proof that he has to meet. His personal suspicion that she was intending to enter on fraudulent documents was sufficient. He should not have torn up her Mexican passport, which is property of the Mexican government. You have a valid complaint for the destruction of property. All of these issues are problems with the law that I recommend you bring up to your Congressman. this was sent to me from a very very very highly recommended immigration lawyer frequently referred to or quoted on this website Isn't this citation from the prominent immigration attorney essentially what I said above? That the incarceration of your wife, as inhospitable as it was, was not outside the realm of a CBP agent's duty? It clearly appears to be a case that the CBP agent had reason to believe that your wife was intending to either misuse the visa she was carrying or the visa itself was not hers. I agree that an alien cannot plead the Fifth Amendment when encountered by an Immigration Officer, this isn't a matter that demonstrates an alien is stripped of rights that he or she should be entitled to, in my opinion. While we are all aware that the Fifth Amendment right against self-incrimination can be taken by the defendant in a criminal case, are you aware of the fact that the Bill of Rights, in particular, the right of the Fifth Amendment against self-incrimination cannot be asserted by that same crimininal when it comes to providing DNA samples? I agree that she had recourse, still does perhaps, as it applies to her passport, but it is the choice she made thereafter that have caused her more distress. I am only stating this to try to dissipate your sense of distaste for the system. You ahve a right to be angry with the circumstances you face, but not the reasons for those circumstances. The system is certainly not perfect, but the system is in place because there are individuals that take it upon themselves to enter the country without the appropriate documentation. Your wife has reason to be dissapointed at the outcome of her first encounter with our American Immigration representatives, no doubt. As for her second encounter, I think she is paying a handsome price for taking her future into her own hands. With respect to your comment of hindsight being 20/20, perhaps you might consider that also now, and think of alternatives than to rest on the law accommodating your particular circumstance. I hope you find a resolution to this that doesn't require a decade or more of separation. If it turns out that her inadmissibility for 10 years is indeed upheld, for the sake of your children, who deserve to be with their mother, perhaps you will consider the option of relocating, if for no other reason than to mitigate the damages already done. P.S. As to your retelling of the matter that involved the IRS, I believe that this could be fought. There are services available to make an "Offer of Compromise" to the agency, if and when a taxpayer can demonstrate that a penalty and interest have been mounting due to an error made by IRS!	diadromous mermaid	Female	0	2008-04-30 20:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (Gaby&Talbert @ Apr 30 2008, 11:10 AM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Apr 30 2008, 09:01 AM) <{POST_SNAPBACK}> QUOTE (bryan&nicole @ Apr 29 2008, 09:29 PM) <{POST_SNAPBACK}> I was in the united states last in 04/2003. I was ordered removed because I had no papers. This was only because of my attempted entry in 1996. In 1996 I arrived at the border with proper passport and visa, but based solely on my looks, a officer tore my passport up and through me in jail! Once out, I was faced with the fact, that in California where my husband and my four month old daughter. My husband had no money for day care, or time, or even experience to tend to our baby. I had no money for layers, with fear, anger and indescribable worry about my daughter; as any mother would, I did not think to seek help at the Mexican embassy! I thought only of my daughter, and I went for her! It was the most traumatic experience of my life! I latter retuned to Mexico on my own. In 2003 I was single with two kids, and I made a mistake. Fueled from desperation, and a dream to better my life, I chose to return to the United States, and I regret it! It cost me dearly, I received sever penalties, but I was penalized for something that was not a mistake, something that was not my fault . Mexico would not give me a new passport as they did not believe what had happened, and you could imagine what I thought of American immigration! So in 2003 a combination of being young and ignorant, I tried to return with out papers and I was caught. In 1996 the United States made a mistake, but all they can say now, is their sorry! I have no recourse for that, as immigration law is above the law, it cannot be taken to court! Now I not only pay for my mistakes in 2003, I pay for a mistake the United States made in 1996! While I can *feel* for your dilemma, assigning blame to CBP or the Immigration Service for your situation is not only improper, but will get you nowhere. Every tourist entering this country is presumed to have immigrant intent. That is the law. The fact that you were not able to overcome that is not a fault of the border agents, it is your issue. You had a husband and child in the USA at the time. Entering the country with a tourist visa in hand, yet your immediate family already in California shifts the burden of proof to you to demonstrate that you were not using a visa inappropriately. However, I do wonder if there would not have been a way for you to appeal their actions after you were released and get your documentation back. But, I suppose that is water under the bridge. The problem is that after such an unsuccessfuly attempt, you chose to circumvent the law and enter again in 2003. Once again you were unsuccessful. Immigration law is not above the law. There are ways and means for aliens to hold the Service to task. I think in view of the fact that the USA is the palce your family chooses to reside, you might wish to change your tune as to how you perceive American immigration law, and the manner in which you allege the United States is inclined to evade facing mistakes made on its part! Good luck. Some CBP officers do think the are above the law because they can get away with crime against people who are not citizens. It happens all the time. The same applies to some ICE officers because they think they can get away with it. I have seen how differently CBP treat me, a USC, differently. That might be true occasionally, of course, but in the instant case, (notwithstanding the needless days in jail, mind you) were the CBP agents really all that wrong? They, rightly or wrongly, determined that the OP's wife was/had intentions to remain in the USA beyond the duration of status as indicated in her first visa. In point of fact, the CBP agents were right. For whatever reason, for admirable reasona or not, she chose to break the law and get here at all costs!	diadromous mermaid	Female	0	2008-04-30 13:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (bryan&nicole @ Apr 29 2008, 09:29 PM) <{POST_SNAPBACK}> I was in the united states last in 04/2003. I was ordered removed because I had no papers. This was only because of my attempted entry in 1996. In 1996 I arrived at the border with proper passport and visa, but based solely on my looks, a officer tore my passport up and through me in jail! Once out, I was faced with the fact, that in California where my husband and my four month old daughter. My husband had no money for day care, or time, or even experience to tend to our baby. I had no money for layers, with fear, anger and indescribable worry about my daughter; as any mother would, I did not think to seek help at the Mexican embassy! I thought only of my daughter, and I went for her! It was the most traumatic experience of my life! I latter retuned to Mexico on my own. In 2003 I was single with two kids, and I made a mistake. Fueled from desperation, and a dream to better my life, I chose to return to the United States, and I regret it! It cost me dearly, I received sever penalties, but I was penalized for something that was not a mistake, something that was not my fault . Mexico would not give me a new passport as they did not believe what had happened, and you could imagine what I thought of American immigration! So in 2003 a combination of being young and ignorant, I tried to return with out papers and I was caught. In 1996 the United States made a mistake, but all they can say now, is their sorry! I have no recourse for that, as immigration law is above the law, it cannot be taken to court! Now I not only pay for my mistakes in 2003, I pay for a mistake the United States made in 1996! While I can *feel* for your dilemma, assigning blame to CBP or the Immigration Service for your situation is not only improper, but will get you nowhere. Every tourist entering this country is presumed to have immigrant intent. That is the law. The fact that you were not able to overcome that is not a fault of the border agents, it is your issue. You had a husband and child in the USA at the time. Entering the country with a tourist visa in hand, yet your immediate family already in California shifts the burden of proof to you to demonstrate that you were not using a visa inappropriately. However, I do wonder if there would not have been a way for you to appeal their actions after you were released and get your documentation back. But, I suppose that is water under the bridge. The problem is that after such an unsuccessfuly attempt, you chose to circumvent the law and enter again in 2003. Once again you were unsuccessful. Immigration law is not above the law. There are ways and means for aliens to hold the Service to task. I think in view of the fact that the USA is the palce your family chooses to reside, you might wish to change your tune as to how you perceive American immigration law, and the manner in which you allege the United States is inclined to evade facing mistakes made on its part! Good luck.	diadromous mermaid	Female	0	2008-04-30 09:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (LadyJane @ Apr 25 2008, 02:22 PM) <{POST_SNAPBACK}> QUOTE (Boiler @ Apr 25 2008, 10:14 AM) <{POST_SNAPBACK}> QUOTE ran down the road under the fence and back to her home and daughter in California QUOTE she snuck across but only made it a few feet before she was picked up then she received a 20 year ban Poor choices Let's keep this discussion on track and leave armchair judgments for daytime television shows OK? I think Boiler was well within the realm of being courteous with his reply. Frankly, the OP needs to recognise NOW that his wife made poor choices in the past and there might be a solution, but then again he must prepare for the bitter pill that there's no solution other than to live out the 20 year bar. I take offense to being told that it is being judgmental to regard an alien that is caught, and deported and incurs a 5 year bar to admission as having exercised poor choices when she chose to remain in the USA for an additional 6 years. That is poor choice to thumb ones nose in the US government's face, and then expect someone to waive the punishment later. The only was the OP is going to find success IS if he facing the cold hard facts and work through the laws to see if there is any relief from the 20 year bar, rather than to find excuses for the choices that were made. QUOTE (emt103c @ Apr 25 2008, 05:26 PM) <{POST_SNAPBACK}> I agree with LadyJane. You just can't judge someone who is in that much pain, and if you do, you don't have to put it in their faces. It is not easy to think about laws objectively when they separate you from your wife and kids. This problem that the OP and his wife has been ongoing for 10 years or more, since her first deportation occurred in 1996. While I feel for the OP, trying to change the laws is not the ONLY solution.	diadromous mermaid	Female	0	2008-04-25 19:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (bryan&nicole @ Apr 22 2008, 07:48 PM) <{POST_SNAPBACK}> it was 96 then in 2002 riceved 5 year ban in 96 and lived those five years in usa in 2002 only here a few minutes You really need to become familiar with the INA, and consult an expert immigration attorney. An alien can't live out a 5 year ban from within the USA! It seems your wife has made poor choices in the past, and its time to get on the right path. You can't do that without knowing what the consequences are for past actions.	diadromous mermaid	Female	0	2008-04-23 09:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (bryan&nicole @ Apr 22 2008, 06:32 PM) <{POST_SNAPBACK}> first deportation was in 96 received 5 year ban same day she entered us and lived there from 96 to 2000 second deportation was in 2002 she was only in the us for a few minutes Deportation in 96 and received a 5-yr ban, but remained in the USA until 2000? How could she have a 5 year ban, if she didn't exit the country until 2000? Re-entry triggers the bar, doesn't it?	diadromous mermaid	Female	0	2008-04-22 18:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (emt103c @ Apr 21 2008, 06:09 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Apr 21 2008, 06:04 PM) <{POST_SNAPBACK}> Exactly. What hardship would it be for the US citizen? He has clearly spent time in Mexico, per his signature. He doesn't have to prove that he cannot spend time in Mexico, he must prove that it would be an extreme hardship for him to live there. From the timeline, he is visiting his now wife in Mexico. It appears that he does not live there. It appears he might be a naturalized citizen, which means probably that he speaks Spanish, which means that language barrier cannot be used as a hardship, however, the hardships to naturalized citizens must be taken as seriously as any other citizen, and would be highly personal to him. Like I said, not easy, but do-able. Still not sure she is even eligible for a waiver in the first place. So, what were the circumstances of her prior removals? Did she successfully enter without inspection only to be found later, and removed, twice? Reading this, it appears that a second deportation does bring about a 20 year bar to admission. What were your wife's dates of entry? How long did she remain, if at all, between deportations? From Siskind... QUOTE - PREVIOUS DEPORTATION OR UNLAWFUL PRESENCE A person who was placed in deportation proceedings upon their entry to the US and was ordered deported is inadmissible for a minimum of five years. After a second such deportation, the period of inadmissibility is 20 years. Those who have ever been convicted of an aggravated felony are permanently inadmissible to the US. If the person subject to the deportation order left the US without allowing the deportation to occur, they are inadmissible for 10 years. Again, if it is a second deportation, the period of inadmissibility is 20 years, and if the person has been convicted of an aggravated felony, they are permanently inadmissible. Along with the above ground of inadmissibility, the 1996 Illegal Immigration Reform and Immigrant Responsibility Act created the concept of “unlawful presence” and made it a ground of inadmissibility. People who have been unlawfully present in the US for more than 180 days but less than one year are subject to a three year bar on admission, while those who have been unlawfully present for more than a year are inadmissible for ten years. Also, those who have been unlawfully present for more than one year, were deported, and then seek to reenter the US without authorization are permanently inadmissible. While the 3/10 year bar, as it is commonly known, seems straightforward, issues involved in determining exactly what constitutes unlawful presence make it more complicated. The relevant statute (Section 212(a)(9)((ii) of the Immigration and Nationality Act) defines unlawful presence as presence “in the United States after the expiration of the period of stay authorized by the Attorney General or [presence] in the United States without being admitted or paroled. The INS has not issued regulations to further define the concept, providing only memoranda on the issue, essentially saying that a person begins accruing unlawful presence when they remain in the US past the expiration date of their I-94. Unlawful presence can also be accrued if, in deportation proceedings, the immigration judge determines that there has been a status violation. Those entrants who do not have a date on their I-94, but are instead admitted for the duration of status (primarily students) do not accrue unlawful presence until the INS rules that they have violated their status. An applicant who was formally admitted or paroled into the US and timely files an application to extend or change their status is given a 120 day grace period following the date on the I-94 during which no unlawful presence will accrue. There are some exceptions to the 3/10 year-bar. So long as a person is under 18, they will not accrue unlawful presence. People with a bona fide pending asylum application do not accrue unlawful presence, nor do beneficiaries of the family unity program. Other groups that do not accrue unlawful presence include people with pending application for adjustment of status, people in temporary protected status, and people under a grant of deferred enforced departure. It is possible to obtain a waiver of the 3/10-year bar. To do so, the applicant must demonstrate that if the waiver is not granted, their US citizen or lawful permanent resident spouse or parents would suffer extreme hardship. While this standard is nowhere defined, cases make it clear that the hardship required will not be found in many cases.	diadromous mermaid	Female	0	2008-04-21 17:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	my wife was deported twice to mexico she as a deport record	QUOTE (Gaby&Talbert @ Apr 21 2008, 06:01 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Apr 21 2008, 04:38 PM) <{POST_SNAPBACK}> And with the whole immediate family in Mexico, and only the husband here, how would one prove hardship? The hardship only applies to the USC. The 2 deportations may mean she is not eligable for the waiver Exactly. What hardship would it be for the US citizen? He has clearly spent time in Mexico, per his signature.	diadromous mermaid	Female	0	2008-04-21 17:04:00