ForumTitleContentMemberSexCountryDate/Time
Asia: East and PacificHCMC May Interviews
OK... So far here is the list:
    Vietnam07 (Amy & Jack) - May 6th

    MelrosePlant (Mai Anh & James) - May 9th

    Dave_Thao (Thao & Dave) - May 9th

    Violet18ac3 - May 12th

    Roy99 (Ngoc & Roy) - May 21st

    Michael&Tham (Tham & Michael) - May 28th

    Lucky Ducky (Linh & Daniel) - May 29th

    B_Weeks (Trang & Bill) - May 30th
b_weeksMaleVietnam2008-04-19 10:29:00
Asia: East and PacificHCMC May Interviews
Violet18ac3 - May 12th

MelrosePlant - May 9th

Vietnam07 - May 6th
b_weeksMaleVietnam2008-04-14 22:05:00
Asia: East and PacificHCMC May Interviews
Ours is May 30th.

Post your May Interview date, Let's meet up.
b_weeksMaleVietnam2008-04-14 21:58:00
Asia: East and PacificAngry at Stereotypes... WHY CAN'T I LOVE AN ASIAN???????
Anyone know where Linda went? I haven't see her around in quite a while.....
b_weeksMaleVietnam2008-03-20 18:33:00
Asia: East and PacificAngry at Stereotypes... WHY CAN'T I LOVE AN ASIAN???????
QUOTE (ILoveTan @ Feb 22 2008, 01:43 PM) <{POST_SNAPBACK}>
So I just woke up from a nightmare about the consulate denying him....aaaaaaaaaaaaaaaaaah. Really, I am stressing too hard. Now I know why....

I apologize if I was too dirty in my above post... nothing shocks me or bothers me when it comes to (SHHHH!) sex... I don't mean to ever sound lewd, so if I upset anyone with what I wrote, I am sorry in advance. But the POINT is that I was missing LAUGHTER in my life. I had a husband best friend brother and money has never really been an issue and I was ready to throw myself under a train. Maybe others aren't like that but I can't live without HUMOR and LAUGHTER. Tan makes me laugh, that is all I meant by my post.

On a G-rated note, he also said in english, as we passed by a KFC (they have that fast food in vietnam), "Would you like Finger Lickin' Good today?" AHAHAHAHA. Can you picture it? He doesn't speak english worth a damn but knows the weirdest things in english that are just hysterical when said in a Vietnamese accent. I was like, "where did you learn that?!?!?!" I wish I had a tape recording of the things that pop out of his mouth. Not to mention how gentle and sensitive he also is. This is a special man and he really deserves the kind of life and freedom he can have in America. I feel like I found a piece of me that was stifled and hidden in Vietnam and he loves me because I give him the chance to be himself for the first time and I love him because he is my missing piece that I longed for...... rose.gif

OK Linda, SHUT UP, go back to bed...... innocent.gif
Linda


Linda, that is SOOOO funny.

I am in tears right now from laughing so hard....
b_weeksMaleVietnam2008-02-23 16:16:00
Asia: East and PacificAngry at Stereotypes... WHY CAN'T I LOVE AN ASIAN???????
QUOTE (ILoveTan @ Feb 22 2008, 05:30 AM) <{POST_SNAPBACK}>
And one time in the park, I was massaging his feet and every vietnamese person was staring with their mouth agape. Tan was like, "UH Linda, first time in HISTORY that a white girl massaged the feet of a Vietnamese man, NO, REALLY." and then he started yelling in Vietnamese at me (joking but strangers didn't know), "Hurry up white girl, massage better or I am not paying you!" AHAHAHAHAHAHHAHAHAHAHAHAH It's worth the controversy just for his bizarre sense of humor.

So shoot me! I LOVE THE YELLOW MAN! hahaha laughing.gif
Linda



Linda, That is SOOOOO funny.... He sounds like a character. A reall crack-up. He must think fast on his feet to do that, and the timing was perfect... LOL

I wouldn't let what others say bother you. what matters most is how you feel. More power to ya!!!!
b_weeksMaleVietnam2008-02-22 11:33:00
Asia: East and PacificAirline proof receipts - mandatory or optional?
Keep ALL receipts, credit card bills, phone bills, Hotel receipts, emails, chat logs,

Also, if you stay with your fiance's family, I recommend taking your passport to the local police station and registering with them that you are staying in the house and for how long. They will also provide you a copy.
b_weeksMaleVietnam2008-09-05 17:31:00
Asia: East and PacificHCMC INTERVIEW - MAY 30th - PASSED
Well, it's been about 3 months. We got married June 27th, 2008. We had our baby September 1, 2008, and I filed AOS today.

Here is more info from our interview experience at HCMC US Consulate, but first a lillte background on our case.

I spent about 1 year or so chatting online with her, as we were introduced by her sister. I spent 6 weeks in Vietnam during December 2007, and January 2008 (Engaged December 19th). Found out she was pregnant before I left from the first trip. We met with Marc Ellis in HCMC at his office. Hired him, and the race is on.

RED FLAGS in our case:
b_weeksMaleVietnam2008-09-05 17:06:00
Asia: East and PacificCompany to help my fiancee fill out paperwork
If anyone needs any templates as to the documents wanted by the HCMC consulate, let me know.

But I recommend doing it yourself. I had all the forms filled out before I went to VN. We hired MARC ELLIS in HCMC to represent us, but I gave him my forms.

Edited by b_weeks, 05 September 2008 - 05:34 PM.

b_weeksMaleVietnam2008-09-05 17:33:00
Asia: East and PacificVN Visa filers, where is your SO from?
My wife Trang is from Rach Gia on the southern coast in the Kien Giang province. It is a couple hours south by car of Long Xuyen and Can Tho.
b_weeksMaleVietnam2008-10-22 13:04:00
Asia: East and PacificIt's been a while since I posted on VJ
Thanks MELROSE.....
b_weeksMaleVietnam2009-03-28 21:05:00
Asia: East and PacificIt's been a while since I posted on VJ
Thanks...

I miss her, but I get to see the wife and baby every day on webcam. It is actually funny to see her reaction on the webcam when she hears my voice.
b_weeksMaleVietnam2009-03-28 20:14:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Thanks for all the help guys, our interview's tomorrow! In a few hours we'll be getting on the train to Helsinki, hopefully it gets there on time in the morning Posted Image
JilianneFemaleFinland2012-07-01 08:47:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Aww that's great :)
JilianneFemaleFinland2012-06-27 16:22:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Does anyone know if pictures are really necessary to bring to the interview? I don't want to go have a bunch of them printed out to take if nobody's even going to look at them. I have some pics and hotel receipts, etc. from when Juha visited me in March, but I remember reading somewhere that you shouldn't use stuff as evidence that shows the beneficiary visiting the US after the K-1 was filed, but I don't know how true that is...
JilianneFemaleFinland2012-06-19 16:19:00
Europe & Eurasia (except the UK and Russia)Scandinavians

Gonna try to get there in the middle of july. It would be so awesome to meet up with some scandinavians during the summer, had some beers and just hang out.

do you have any idea when your "husband" is coming over?


He'll probably be over in September or October. I'll still be in Finland until the middle of July, then I have to go home, find a job and get us a place to live before he can move because I just graduated from college. I honestly thought this process was going to take a lot longer than it did, I had no idea he'd have his visa before I even went back home Posted Image

A meet up would be great, too bad everybody lives so far apart. We'll probably be in the St. Petersburg or Tampa, FL area if I can find a job there.
JilianneFemaleFinland2012-06-19 12:27:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Congratulations! When are you heading to Arizona?
JilianneFemaleFinland2012-06-19 11:17:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Speaking of interviews, Juha got his interview appointment today, it'll be on July 2nd! I'm glad we don't have to go to Stockholm like everybody else, Helsinki's far enough away as it is Posted Image
JilianneFemaleFinland2012-06-18 17:07:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Good luck Bornie! We just sent back our checklist today so hopefully we'll know our interview date soon too :)
JilianneFemaleFinland2012-06-15 07:33:00
Europe & Eurasia (except the UK and Russia)Scandinavians
and spending lots of time at IKEA seems to help a lot of people Posted Image
JilianneFemaleFinland2012-06-12 14:28:00
Europe & Eurasia (except the UK and Russia)Scandinavians
Does anyone know of any good online communities for Finnish people in the US? The only forums I've seen seem to be mostly dead and I definitely can't find any meetup groups around Louisville :unsure:
JilianneFemaleFinland2012-04-29 23:09:00
United Kingdomnotorization in the UK

As would I. If my fiance does have to get a notarized letter of intent, he only has a few days to do it. I've searched and searched and still haven't found a clear answer to this question.



Unless the rules have changed since my fiance went for his interview on Oct 28 2009, they did not require the intent letter to be notarized. I know that you want to be really prepared but to be honest, they did not ask to see the intent letter at his interview. I prepared a binder to take with him with all the required papers which included an updated intent letter from myself. The first intent letter was dated April 2009.
prettyuniqueFemaleUnited Kingdom2010-01-03 06:04:00
Europe & Eurasia (except the UK and Russia)Kosovo -- Places to visit?

My son will be going to Kosovo in August to take a summer course at the uni in Pristina. Anyone from Kosovo here who can give us some ideas about places he shouldn't miss or general travel in and around Kosovo tips?


i hope he stays safe while there.... I hear it's pretty bad there right now.
Edi & SuaMaleBosnia-Herzegovina2011-07-28 12:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
Thanks for all of the thoughtful responses.

I can see this is a very active forum with a lot of people helping. I appreciate it. Thanks to Jim, I now understand better why people seemed to take a different tone with everything. She did not come back with the intent of getting married, as I've said. We really had no idea what was involved visa-wise when we did decide to get married. I had no idea it was so complex. A lot of you guys have the benefit of hindsight on these issues, but I am completely new to B1, fiancée, green cards, bans, and all this stuff. I kinda thought you just got married if you wanted to and applied for a visa. Apparently not. I know ignorance is not a defense, but these laws are not exactly easy to understand. I apologize if anyone felt I was being rude, I just took offense when I felt my fiancée was being accused of fraudulent intentions and lying to immigration officers. Thanks for helping me understand.

Right now our plan was just to try to get her home. Yeah she works for the Japanese company, but she was largely hired to work on her project at the US site and act as a liaison for the Japanese and American teams. If she loses the ability to travel to the US, then I don't know what her job status will be. I am not hopeful. Everything in her life was pretty temporary since she knew she'd be gone for a while and our relationship was the most grounded thing she had. She doesn't have much to go home to. We'll see what happens.

We are really hoping the company just does what they can. I don't expect them to fund our marriage plans and they have already said they will not. I understand that. I offered up the K1 visa option if it would help them get things worked out because my fiancee and I had talked about already. At the time, again, I didn't know what was involved and thought it might help matters. I just wanted to make sure she kept her job and we do feel that they should help do what they can to get her life back to some degree.

IF (and I know it's a big IF) she found a way to get back and work. Can we apply for a fiancee visa and then have her work in the US until that is approved, go to Japan, and then come back to the US on that visa to get married? Any ideas?

Surf2Salsa - thanks for the info. Yes, there were many mistakes. It made for a terrible result. Yeah, if she had known she had overstayed, she never would have flown 12 hours to be sent to jail and then sent back. Her intent was work, but her mentioning of me sealed the doors. Why the recommendation to get married in Japan versus a K1? I have often wondered why people seem to shy away from just getting married? I heard it takes longer, but it seems like it would be representative of a more solidified connection to a US citizen, thus making the process a little easier. No can do on living in Japan. I have a 3 year old that I will not leave and he cannot come with me. Otherwise, I would consider it.

Edited by netsatwork, 13 July 2009 - 08:08 PM.

netsatworkMaleJapan2009-07-13 20:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
QUOTE (scandal @ Jul 13 2009, 03:52 PM) <{POST_SNAPBACK}>
QUOTE (netsatwork @ Jul 13 2009, 02:40 PM) <{POST_SNAPBACK}>
Thanks for the facts and opinions on the immigration issues, I appreciate it. I'm just kind of surprised that people who have been through a lot of the same heartache are kind of heartless when giving me advice. I think homeland security lacks enough compassion for all of us, so we should at least try to support each other on these forums. Right or wrong, the intent was not for marriage. Honestly, even if someone does come here intending to marry, people need to step back and realize that we are all part of a global community and we aren't here on the planet for all that long. These laws saying we can only EASILY associate with those born in the same country as us are really causing unnecessary pain to some and are counterproductive for a harmonious global society. That's my take on it, feel free to bash me.


I sympathize with your plight. Based on what you've told us, you are either facing a very long (multi year) separation from your fiancee, or moving to Japan to be with her, or a third country.

She bears considerable responsibility for her plight, particularly in regards to the overstay. It's her responsibility - not her company's, not a lawyer's,and certainly not USCIS - to know the terms and conditions and timeframes of her visa status in the US. Just as she is responsible for having a valid unexpired passport, her entry stamp and I-94 have an expiration date that she should have been aware of.

Having said that, I do sympathize with the bind you've gotten into by her declaration of your intent to marry. There's nothing wrong with you and she falling in love, nor in making plans to marry. There's no fraud in that. Further, there's no fraud even in making marriage plans in the US as long as it is clear that you are not intending to adjust status based on that marriage. If you had wanted to marry and have her return to Japan while pursuing a CR-1 visa, no fraud has been committed. The problem is that the burden of proof is on you and your fiancee. The CBP default assumption when told that a foreigner is entering the US to marry an American is a presumption of intent to adjust status and immigrate. The law is quirky and catches many unsuspecting people off guard. However ignorance of the law is not a defense.

I think you need expert legal assistance here. Maybe there is a way to get a waiver and find some leniency for your circumstances.

Good luck.


Thank you. I know there is responsibility that she needs to take which is inherent to getting a visa. There are many situations that occurred within her company which I don't need to go into on this forum that make the whole thing particularly frustrating and the situation more heartbreaking. My life, the life of my son, and her life are going to be dramatically changed and the company really should recognize some responsibility for it. I feel from my reading today, that because of the way immigration laws are, they will largely just walk away from this problem and leave us to bear the consequences. It makes me angry and sad.

Thank you for your help.
netsatworkMaleJapan2009-07-13 15:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
QUOTE (canadian_wife @ Jul 13 2009, 03:48 PM) <{POST_SNAPBACK}>
netsawork I am trying to help you.

Bashing me isn't going to get you anywhere. The sooner you stop blaming immigration, her employer, us for the pitfalls of your future marriage, the better off you will be.


I apologize if you think I am bashing you. There can be blame put on her employer. You don't know all the details of the situation, so it is hard for you to make that determination. Immigration is just doing their job. Whether their rules are completely fair is surely open for debate. I have never suggested that I blame this forum for any of my problems.

I am trying to face reality, but there is also a lot of sadness and confusion that goes with the beginning of this process. I am just asking for details and facts rather than comments like "Regardless of why she said it, she lied..."

I hope you can understand where I am coming from.
netsatworkMaleJapan2009-07-13 14:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
QUOTE (canadian_wife @ Jul 13 2009, 03:22 PM) <{POST_SNAPBACK}>
netsatwork - Your fiance was given a B1 visa for 3 months and was able to 'work' for her Japanese employer for 3 months. She stayed 3 months beyond her authorized stay, thus violating the terms of her visa. And based on what you cited, your fiance must have been granted the B-1 by a POE knowing that she was going to work for a Japanese company in the US. Was this the case or did she simply enter as a tourist then work on top of that? On top of that, she said that she was going to get married to you - thus also violating the terms of her tourist visa.

You say her intention was only to work and not marry you, but she said, when in detention, that her intention was to marry you. Regardless of why she said it, she lied (if her true intention was to work that is).

Regardless, you have found yourself in a situation with a fiance that has a 5 year ban. Your options include filing a K-1 visa now and going through the I-601 process to lift the ban. Or you can wait for her company to find something out - which will likely be that they do not have the power to get the 5 year ban lifted.

Good luck.


Fine. I do not expect you guys to cry for me, but I have to wonder if the hardship of dealing with Immigrations for a while has hardened you guys. She did not come here to commit fraudulent employment. Her company hired her in Japan, asked her to work here, and she did it. My company has an office in Thailand. If they needed me there for an extended period, I'd do the same thing. She specifically said in questioning (I have the transcripts) that her intention in coming to the US was to work for her sister company. The fact that we fell in love and talked of marriage was simply something that happened. Is she not allowed to fall in love on a B1 visa?

Thanks for the facts and opinions on the immigration issues, I appreciate it. I'm just kind of surprised that people who have been through a lot of the same heartache are kind of heartless when giving me advice. I think homeland security lacks enough compassion for all of us, so we should at least try to support each other on these forums. Right or wrong, the intent was not for marriage. Honestly, even if someone does come here intending to marry, people need to step back and realize that we are all part of a global community and we aren't here on the planet for all that long. These laws saying we can only EASILY associate with those born in the same country as us are really causing unnecessary pain to some and are counterproductive for a harmonious global society. That's my take on it, feel free to bash me.

Edited by netsatwork, 13 July 2009 - 02:41 PM.

netsatworkMaleJapan2009-07-13 14:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
You guys are jumping all over the B1 visa thing, but what about this? I don't know all the details of her visa. I did not have anything to do with it. She was there because she was trained in English and their other job tasks. No one else in the company had these skills. This definition seems applicable:

The B1 in lieu of an H1B
In certain, limited circumstances the US Consulate may issue an employment-authorized B1 visa where the work to be undertaken would usually require an H1B visa. This provision is particularly applicable to situations where you may need a non-US company to send a member of staff to the US for a limited period in order to undertake specific projects for you, or where you wish to bring in an employee of an overseas subsidiary, affiliate or parent for a limited period. The requirements for acquiring a B1 in lieu of H1B are:-

•The work to be undertaken in the US must be H1B level – i.e. the worker must be engaged in a 'speciality occupation';
•The worker must permanently employed (i.e. not a contractor) and paid by the employer outside the US;
•The worker may receive no compensation other than expenses from a US source;
•The worker must have a degree relevant to the services to be provided– there is no provision for work experience to be considered equivalent to adegree, as there is under the H1B.
The B1 in lieu of H-1 visa generally takes 1 to 2 weeks to obtain, and considerably more supporting documentation is required than for a normal B1 visa. Periods of admission and extension are the same as for the standard B1 visa (i.e. generally 6 months).

If the necessary conditions are satisfied then the applicant can apply for a visa. If you would like to find out if you qualify, you may fill out our US visa assessment form.

It should be noted that in rare circumstances, holders of this visa encounters problems when trying to enter the US.

This is because while it is issued by a US Consulate or Embassy, it has not been formally recognized by US Citizenship and Immigration Services (USCIS). For more information, please contact a member of our staff.

Edited by netsatwork, 13 July 2009 - 01:50 PM.

netsatworkMaleJapan2009-07-13 13:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
Yes, she was paid by the Japanese company and was their employee, not the US.
netsatworkMaleJapan2009-07-13 13:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
QUOTE (*Len* @ Jul 13 2009, 12:57 PM) <{POST_SNAPBACK}>
QUOTE (Minya's wife @ Jul 13 2009, 08:55 AM) <{POST_SNAPBACK}>
QUOTE (netsatwork @ Jul 13 2009, 10:21 AM) <{POST_SNAPBACK}>
QUOTE (canadian_wife @ Jul 13 2009, 11:08 AM) <{POST_SNAPBACK}>
I doubt she'll be getting a tourist visa any time soon, regardless of her intentions in the US - she will marry you and adjust status, like she said she she was detained in Dallas.

Have you filed any immigrant visa yet? You say the case is that the US consulate, what does that mean? What case? Also if I am reading right, she only overstayed 3 months, any overstay under 180 days does not incur a ban. How do you know she received a 5 year ban and what was it issued for?


The page from Immigration says: You have been found to be inadmissible to the US under the provisions of section 212(a) Immigration and Nationality Act or deportable under section 237. Then the section with 5 year ban is checked.

Determination of Inadmissibility says that:
1) you are an immigrant not in possession of a valid unexpired immigrant visa, etc. You entered on 1/23/2009 with a vistor for business and were admitted until 4/22/2009. you did not depart until 6/26/2009 resulting in 65 day overstay. You did not file for extension. You were engaged to a USC and were planning to get married tomorrow no files or petitions were found on your behalf.

Where can I find that anything less than a 180 day overstay will not result in a ban? We really only used marriage as an excuse because she didn't know what to do and was desperate. I hope a lawyer can make that clear. Her true intent was coming back for work. It always has been.

Any info on this 180 day rule would be appreciate. Thank you.



Misrepresentation of any kind is a big no-no during the visa and/or immigration process. It can incur a lifetime ban and/or result in deportation. US immigration does not care that someone is "desperate" or "does not know the rules/regulations"....if you lie and they catch you, the consequences are often very harsh.


WOW. How did I miss that? No wonder she was banned. My sympathy just flew out the window. Visa fraud is disgusting. Reported.


Let me be clear, we do intend to marry, but that was not the reason for her going to Japan or returning to the US. We had talked about it previously and looked at rings in Japan, but our timeline was not for marriage the next day, it was later. She worked in Japan, came to the US to work on their accounting project between US and Japanese offices, left because they told her she needed to, and came back to continue her work. Our meeting and talk of marriage was not a reason for her ever coming here. If she had not met me, her travels to and from the US would have been the same.

She brought up me in the immigration interview because she thought that would help. Obviously, it made everything worse.
netsatworkMaleJapan2009-07-13 12:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
QUOTE (canadian_wife @ Jul 13 2009, 11:08 AM) <{POST_SNAPBACK}>
I doubt she'll be getting a tourist visa any time soon, regardless of her intentions in the US - she will marry you and adjust status, like she said she she was detained in Dallas.

Have you filed any immigrant visa yet? You say the case is that the US consulate, what does that mean? What case? Also if I am reading right, she only overstayed 3 months, any overstay under 180 days does not incur a ban. How do you know she received a 5 year ban and what was it issued for?


The page from Immigration says: You have been found to be inadmissible to the US under the provisions of section 212(a) Immigration and Nationality Act or deportable under section 237. Then the section with 5 year ban is checked.

Determination of Inadmissibility says that:
1) you are an immigrant not in possession of a valid unexpired immigrant visa, etc. You entered on 1/23/2009 with a vistor for business and were admitted until 4/22/2009. you did not depart until 6/26/2009 resulting in 65 day overstay. You did not file for extension. You were engaged to a USC and were planning to get married tomorrow no files or petitions were found on your behalf.

Where can I find that anything less than a 180 day overstay will not result in a ban? We really only used marriage as an excuse because she didn't know what to do and was desperate. I hope a lawyer can make that clear. Her true intent was coming back for work. It always has been.

Any info on this 180 day rule would be appreciate. Thank you.
netsatworkMaleJapan2009-07-13 10:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
QUOTE (canadian_wife @ Jul 13 2009, 11:08 AM) <{POST_SNAPBACK}>
I doubt she'll be getting a tourist visa any time soon, regardless of her intentions in the US - she will marry you and adjust status, like she said she she was detained in Dallas.

Have you filed any immigrant visa yet? You say the case is that the US consulate, what does that mean? What case?


I was just told the 'case' was in Japan now and ready to be reviewed. I don't know what exactly that means. I applied for nothing yet. We are waiting to hear what the company and their lawyers can do before we do anything. They already told me that if I have to go the K1 or marriage route then they won't pay for it.

Edited by netsatwork, 13 July 2009 - 10:13 AM.

netsatworkMaleJapan2009-07-13 10:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiancee overstayed on B1 Visa and now has 5 year ban
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.
netsatworkMaleJapan2009-07-13 09:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Lawyer Recommendations for Asia (specially Japan) and waiver experience?
oh.. ok. I'll look for that. Thanks.
netsatworkMaleJapan2009-07-16 11:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Lawyer Recommendations for Asia (specially Japan) and waiver experience?
I am hoping to talk to a lawyer as soon as possible to get some information on the best way to go with a K1, 212, 601 and whatever is necessary for my Japanese fiancee. Any suggestions on a lawyer that is familiar with waivers and Japanese issues?

Thank you.
netsatworkMaleJapan2009-07-16 11:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Convince me I can do it myself
netsatwork -

You are having to digest an awfully lot of information awfully fast. So take my next comments with that in mind.

You still appear to not have a grasp of the paperwork flow of the process. I suggest you read the guides here (and on other sites as well) and while doing that you take what you know about the waiver out of your head. The waiver is a separate process in and of it itself, and it occurs after the consular interview.[/quote]

Thank you. You are right, I totally agree that I do not have a grasp on the process itself yet and many other details. Thank you for the outline. I plan to read much more on it in the coming weeks. We are definitely leaning towards getting a lawyer right from the start. We don't want to make mistakes that haunt us later. The financial impact on us is making the whole thing hard to swallow. I am just throwing some ideas out to you more knowledgeable people to see what opinions come back.

I am really hoping to also find an experienced lawyer that speaks Japanese to make sure my fiancee is totally clear on what is going on before she walks into the interview. Her English is great, but complicated issues like this are probably easier for her to digest in Japanese.

You information is much appreciated.
netsatworkMaleJapan2009-07-18 09:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Convince me I can do it myself
Also getting some recommendations to process the K1 and 212 initially, see if I get a misrep and then hire an attorney for the 601 if needed. I'll mull it over and see. We are still waiting to see if her company will come through with any financial assistance as well.

Thanks again.
netsatworkMaleJapan2009-07-17 20:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Convince me I can do it myself
OK, thanks for the input. I must say I am surprised by the responses. Not because I don't think a lawyer is a good idea, but I just thought more people would say "If I knew then what I know now, then I could have done it myself..." OK. I am very anxious about the waiver process and I will feel much more comfortable with an experienced attorney behind me. I still want to know what is going on, but at least I can breathe a little easier while I work and wait.

God...it's so expensive....oh well. This is way important than anything other than my son. We'll figure it out.

Thanks again.


netsatworkMaleJapan2009-07-17 20:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Convince me I can do it myself
I just had a consultation with Laurel Scott and we went over the details of the case as it stands now. She is on the fence about whether or not this would get a misrep charge and says we could argue against it, but it still isn't sure what they'd say. Or it has a very slight chance of getting a misrep charge during AOS if get through on just a 212.

It was great information and I feel good to get a lot of questions answered and a lot of things I learned here in the last weeks confirmed. I know a K1 is the safer bet for us to go and I kind of know the process for the 212 and 601 (I can learn more here and on vj of course), but I am just so worried about making a mistake somewhere along the line and taking a chance of screwing it up. This is just so important to me and I hate to let money (whether I have it or not) be a reason that don't do everything I can. It would be a nice feeling knowing that a knowledgeable person is working on this case step by step.

I feel that I can learn what I need to learn, I am just nervous about the possibility of missing something. Can anyone help me feel better about going it without an attorney? Thanks.

netsatworkMaleJapan2009-07-17 14:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Has anyone successfully appealed to the supervisor at POE to overturn ban?
QUOTE (rebeccajo @ Jul 18 2009, 09:13 AM) <{POST_SNAPBACK}>
QUOTE (netsatwork @ Jul 18 2009, 08:31 AM) <{POST_SNAPBACK}>
OK thanks.

Len, also please note that this post was made BEFORE I talked the Laurel. I was trying to gather all information I could for preparation before I talked to her. I want to explore all possibilities for this.


netsatwork -

I think Len gets 'bent out of shape' tongue.gif because she wants to see you succeed.


Gotcha. OK, thanks for all the support guys! smile.gif
netsatworkMaleJapan2009-07-18 09:41:00