Forum	Title	Content	Member	Sex	Country	Date/Time
USCIS Service Centers	October fillers are not moving up	Thank you for your kind words........ I just completed filing Legal Intake forms via the ACLU's Southern California web site. I'm ready for battle!! If you have done this already, then disregard this comment. Make sure you have done a "Registration of Foreign Birth" at the US Embassy / Consulate in Thailand for your son. At the same time apply for his passport, which you may get the same day. Also at the same time apply for a humanitarian visa for your wife so that they can travel together ASAP to the states. Then do the immigration paperwork, (or continue with it), once she is here. You may have to be there is person to do all of this, but I am sure in this situation this is the smallest of your problems. I am not going to say hang in there because I also have a frustrating story and know how much I hate that hang in there and be patience #######. Just keep fighting for your rights and never give up. (Also, Forget ACLU. They profile and you don't match the type that will get them in the news which helps them raise funds. The Red Cross may be a better source of help or one of the humanitarian organizations the major religions have although they seem to be focusing on illegals quite a lot lately.) btw.. I was an August filer at CSC, sent to Texas and got NOA2 last month, about 2 weeks over the 5 month period.	wshc	Male	Germany	2011-02-06 11:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	I never used an Accountant before I moved to the USA. You do not have to have a lawyer, I am going to guess that most people came to the conclusion from the tone of your replies that you were best using one. I have nothing against using a lawyer or the cost, just kind of a sad statement on the entire process that it is so complicated a lawyer is needed to do what should be straight forward things.	wshc	Male	Germany	2011-09-07 16:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	I remember most of your case from way back when your wife entered, you did the AOS thing, got denied, and so on. Here's my advice: let Laurel Scott file an I-601 for you. Don't think you can do that on your own. If you do and it gets denied, you'll be back to square one. You have been separated from your wife only because you did the wrong things, not morally, but in regard to required USCIS procedures. Don't continue on this path; instead, bit the bullet and get professional help where it is needed. Good advice from everyone on here. Thanks If we decide to go the waiver route than a lawyer would come in to play. I can't beleive that I need a lawyer to deal with my own government. But that is the way of the world I guess. I will keep you updated either way. Been looking at www.arbeitsamt.de a lot lately, so might be giving the Germans my income tax if the amis don't want it. Best of luck to all Edited by wshc, 07 September 2011 - 04:08 PM.	wshc	Male	Germany	2011-09-07 16:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	I think I see the problem. She entered on August 17, 2009 and did not leave until June 23, 2010 which is a total of about 280 days minus the 90 days allowed by the VWP gives an overstay of 190 days. Because you filed the wrong paperwork and it was denied the time while it was processing is not suspended as far as any overstay calculation goes. Yes that is the way it looks. Thanks everyone for all of the good information.	wshc	Male	Germany	2011-09-06 14:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	Did beneficiary enter the US on WVP or B1/B2 visa? VWP Edited by wshc, 06 September 2011 - 10:58 AM.	wshc	Male	Germany	2011-09-06 10:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	At the conclusion of my interview, the officer made the recommendation for a waiver (I had a petty theft in my past and clearly should have been under the petty theft exclusion) but he said I needed a waiver. I hired Laurel Scott, she send two legal rebuttals to the consulate (in fact to the officer who interviewed me) both times he insisted I needed a waiver. Eventually she filed an advisory opinion request, plus she made a request to the ombudsman's office for help AND we had the assistance of a very knowledgeable immigration/military lawyer. Almost 4 months later, we got the decision reversed, no waiver needed and now I am living in the US with my family. Make no mistake tho. Throughout my process, Laurel warned me many times that even if the advisory decision board ruled in my favor, there is NOTHING in place to force the interviewing officer to change his/her mind. Not even the Immigrant Visa Chief can force the officer to change their decision. thanks for the very good information - Here is the question - what to do? If we just file the waiver, hope for expedition maybe, then this could all be over within 4 moths. Again it could take 6 months, get denied and take another 2 years for an appeal (of course the 3 year ban would be long over by then.) decisions, decisions!!	wshc	Male	Germany	2011-09-05 21:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	This is an edited version of what I submitted to USCIS in Frankfurt to review the case. Here is a review of the time line – August 17, 2009 - Jan 31, 2010 – 137 Days Entry in to the United States. Feb 01, 2010 - June 03, 2010 – 123 Days Filing of I-90 - Application denied June 4, 2010 - June 23, 2010 – 20 Days Prescense in USA Explaniation As the time line shows, my wife does not meet the 180 day threshold to trigger a 3 year ban. There was never any intent of fraud or any other kind of dubious attempt. We simply filed the wrong form the first time around, which quite frankly was due to our "consultation" at the Denver USCIS office. At the time I did not understand this complex and confusing process at all. If I would have known then what I know now we would not have filed the I-90 but instead the i-130 and i-485. That without a doubt is the correct procedure I now know. I have clearly demonstrated however, why the 3 year ban does not apply. The law does allow for discretion in these cases and I feel that the requirement that my wife file a 601 Waiver of Inadmissibility be removed and the continuation of the issuance of her immigrant visa continue without delay. We have been apart for over 14 months now due to mistakes by us as well as USCIS. Recent decisions and directives by the Government indicate that the current intent of the government is to cancel deportation proceedings for low-priority immigration offenders - “To keep families together”. In that same spirit, the requirement for a 601 waiver needs to be reconsidered and my wife and I (and our children) need to be reunited. The authority to do that is in Frankfurt. Edited by wshc, 05 September 2011 - 09:06 PM.	wshc	Male	Germany	2011-09-05 21:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Appeal requirement for I-601	Is there any way to appeal the decision of the Consular Officer after an immigration interview?. Basically, they say we must now file an I-601 waiver, [(Section 212(a)(9)(B)(I)(I)], but I disagree and have evidence to support my case. But how can that decision be appealed? I can find no procedure to appeal that decision. Does everyone just accept the decision of the Consular Officer without question? If appealed and we did not have to file the I-601 waiver the visa would be issued quickly. With the waiver the additional time could be 6 months or more as you all know. Thanks in advance for any advice anyone may have. Edited by wshc, 03 September 2011 - 12:36 PM.	wshc	Male	Germany	2011-09-03 12:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	An example of Compelling Interest for USCIS	Thanks for the information.	wshc	Male	Germany	2011-10-06 00:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	An example of Compelling Interest for USCIS	One of the criterion for an expedite request is: - Compelling interest of the USCIS Does anyone have an example of what that means? Is that as broad an area as it sounds? As always, thanks for any advice!	wshc	Male	Germany	2011-10-04 16:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Transcript: Press Conference: USCIS to Propose Changing the Process	Thanks for posting this. This is the way the process should have been all along. If it was, my wife and I would be together now while we wait for her paperwork, instead of being a part over 18 months as we have been under the current rules.	wshc	Male	Germany	2012-01-20 14:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	New Waiver Policy would promote Family Unity	Entry without inspection doesn't cause a bar on re-entry. Unlawful presence over 180 days, whether inspected or not, causes a bar. So, there is technically no difference between "illegals" and Europeans who overstay. If you want to use that word, your wife was an illegal too. I've been through the waiver process due to my spouses's overstay so pls don't think I'm judging you. However, under the law an illegal Mexican and an illegal European have the same penalty after overstay and departure from the US...no difference. Yes, in our case we did leave the country and attempted to reentry, triggering the bar, (our mistake cause by their mistake). But in the cases this author, an Immigration attorney writes about, spouses that entered at one time legally, then over stayed, got married to a USC then adjusted status, they get to do that out of the goodness of USCIS's heart, not because they are European or Japanese. As I said, if a Mexican did the exact same thing, entered at one time legally, (with inspection), overstayed, married a USC then applied for adjustment of status (I-130 / I-485) in most jurisdictions they would be processed without having to leave the country, just as Europeans and others currently are. (If someone has facts to the contrary let me know, I may be wrong on this.) My point is that he is trying to say the process is racist and allows Eur/Jap spouses to adjust status and does not allow Mexican's to adjust. If the Mexican entered without inspection (illegally), then they must return to Mexico to apply for an immigrant visa. WSHC, I aldo wanted to echo your frustration about caseloads. The pilot program is essentially dead in CDJ at the moment. I've complained for years why CDJ can process 20,000 plus waivers a year while Rome, where our case was decided, did a couple hundred at most. The truth is that most people in CDJ are simple unlawful presence while most other countries involve CIMT or misrep making cases exponentially harder. As hard as it seems right now, I can tell you that it will get better. It will end and your lives will move forward. I can sit here now, 2.5 yrs since my husband's return and almost 5 yrs since his deportation, and say that we're all okay. It doesn't hurt as much as it did and I'm letting go of all the frustration and anger from those years. I wish for you the same peace and comfort one day soon. Thanks for the good wishes, they are appreciated!	wshc	Male	Germany	2012-02-04 18:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	New Waiver Policy would promote Family Unity	There are some seriously flawed statements in this article, and he is an immigration lawyer. He implies discrimination against illegal Mexican immigrants compared to European and Japanese spouses. He clearly states that these spouses enter the U.S. Lawfully at one time and then overstay their visas. Yes, the recent practice of USCIS is to allow those spouses to adjust status while remaining in the country, but that is just currently policy not law and is subject to change at any time. He then states, “Is the government going to treat illegal Mexican spouses of U.S. citizens the same as illegal European spouses, and permit them to get their green cards in the U.S.? No. Is the government going to dispense with the waiver requirement or ease the standards for what is considered extreme hardship? Absolutely not.” He is comparing someone that entered the country legally to someone that did not. Although the European or Japanese spouse may be in a condition of illegal presence, they have gone through inspection. The illegal did not. I don’t have facts to back this up, but I am sure that if a Mexican national entered this country legally, either with some form of visa or whatever, then overstayed their visa, then married a USC that Mexican would be allowed to adjust status just as the European. Unless that is not the case, this lawyer has no reason to use the “race”, or “just because they are brown” card. This is outrages for immigration lawyer to imply such a thing and sounds like a liberal talking point. So here is something for him to think about. It is a long story, but basically USCIS made a mistake and because of their error my European wife of 27 years was allegedly illegally present for 10 days over the grace period. Upon reentry to the US she was denied entry in to the US and now we have been separated and waiting over 18 months for here Visa application and I-601 waiver. The Frankfurt consulate tells us that it could be up to six months longer, but when you check the official statistics for the number of waivers received at the Frankfurt Embassy you see that they receive 4 to 6 a month. Why can they not handle such a small number of waivers? So you want to complain about the mistreatment of ILLEGAL immigrants. Ciudad Juarez receives upwards of 2000 waiver requests a month. There is actually an official program to complete a very large majority of those in fewer than three days, and others in less than three months. But the resources that Frankfurt needs to do 6 a month are not made available. The new rule change is a good thing and unfortunately it will not help us. But don’t think that the Obama administration did this for family unity. If they were concerned about family unity why didn’t they allow separated families to be reunited while the paperwork is being processed? This is purely political to pander to the Hispanic vote, and this article from an immigration lawyer is very short on accurate statements.	wshc	Male	Germany	2012-02-04 17:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	i-601 WAIVER	601 Processing Times This link will have some good information for you about processing times:	wshc	Male	Germany	2012-05-26 21:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Embassy completed 601 case, but haven't received notification of the outcome	Wondering if anyone can help. The US Embassy in London has "completed" our 601 waiver application case as of April 3rd, but neither I or my husband have received anything in the mail to notify us of their decision. It has been over 1.5 weeks since they have made a decision, and the mail from London to Belfast is not typically that slow. Does anyone have any advice on where to go to get the decision? The US Embassy in London is basically impossible to contact. Please help! I hope that this is good news for you, sure it is. Quick question - How do you know that the waiver has been completed. Is there somewhere on line we can check that, or a different way? My wife and I are waiting for I-601 processing in Frankfurt. Thanks	wshc	Male	Germany	2012-04-13 21:25:00
Europe & Eurasia (except the UK and Russia)	Transferring money from the States to Germany	After trying several different options with my US bank and with money transfer services, we discovered that just a US personal check deposited in to a Germany account worked great. It cleared in under 7 business days and only cost EUR 12. Wish I would have known that long time ago.	wshc	Male	Germany	2011-04-07 21:26:00
K-1 Fiance(e) Visa Case Filing and Progress Reports	Losing my Patients with the USCIS	Actions by Senators are paying off for people, if you're reading other stories here. Nothing is 100% in the immigration process, but I'm confident that your time is coming soon. Times have changed. I tried to contact my Senator (Kay Bailey Hutchison) a couple of years ago, by confidential referral from my lawyer to KBH's very highest staffer. After two full days of phone tag and hours on hold, I finally got to speak with the aide. As I tried to explain the situation, she cut me off with (and this is verbatim) "The Senator has far more important things to do than to concern herself with one person's K-1 petition." Those words, and the dismissive disdain with which they were delivered, will haunt my brain forever. I'll not shed tears if KBH finally lives up to her promise not to run for re-election (her third such promise, I think). You're in a much more promising situation, so keep the faith, si man. My congressman was about as helpful as your senator. My congressman's legacy is sponsoring legislation called the Dream Act. Like he really cares about people doing legally?? To the op-- You were in the military so you know how it goes. The grunts are just following orders. You should chill on them. It's policy and the big guys's that are the problem, not the 9-5 guys just making a living. The big guys should say to the grunts, get this paperwork done or you all are fired or something, but the unions won't let that happen. What I would like to see is a grunt revolt. They all get together and see how they are part of a system that are messing up people big time and they all work real hard and day and night to get couples and familes together. That would be cool. Their bosses would be freaking out and wouldn't know what to do. Kind of like as a soldier, the butter bar doesn't want to take the hill because he might mess up his hair, but the grunts tie him up and throw him in a box or something and then take the hill. Of course when they let the butter bar out of the box and the General is there the butter bar would take all of the credit for taking the hill and what is even funnier is the General would beleive him!! It ain't gonna happen though.There ain't enough good grunts anymore in this world and us good ones are hosed. Edited by wshc, 30 April 2011 - 10:05 AM.	wshc	Male	Germany	2011-04-30 10:03:00
IR-1 / CR-1 Spouse Visa Process & Procedures	new to forms and really need advice	One more thing, Listen to Jim, he is correct on all accounts and knows these things better than most immigration attorneys!! Thanks for the correction Jim, the lifetime ban is for a few other things, such as pretending to be a US Citizen (fraud), which using a driver's license from a state that requires legal residency to obtain a driver's license could be seen as doing. That is to say, if your wife tried to cross the border with a driver's license a CBP (Customs and Border Protection) officer could see that as trying to present oneself as a US Citizen or Legal Permanent Resident, which could trigger a lifetime ban since it could be consiedered immigation fraud. (Then again you could get an Officer that waives you through and asks how was the trip. It is extremely risky because you don't know what you will get at the border.) You may want to read this article to gain an insight in to the process: http://www.borderimm...be-removed.html Good luck in any case	wshc	Male	Germany	2011-09-11 06:06:00
IR-1 / CR-1 Spouse Visa Process & Procedures	new to forms and really need advice	The best place to start is here: http://www.visajourn.../content/guides and here: http://www.visajourn...tent/i130guide1 The second best place to start in the official web site for the US Citizenship and Immigration Services (USCIS) http://www.uscis.gov/portal/site/uscis Do not look anywhere else right now. There are lots of scams out that make promises that can’t be kept. What they will keep is your money. Then go to this page on their site – http://www.uscis.gov...000082ca60aRCRD This page is described below: (info direct from the page) This page describes how you (a U.S. citizen) may petition for certain family members to receive either a green card, a fiancee visa or a K-3/K-4 Visa based on your relationship. (If your relative wishes to naturalize or obtain proof of citizenship, see the "Citizenship" section of our website.) Read very carefully what it says about the I-130. The I-130 is just a starter and there is more to come once the I-130 is approved. Also, i-130 approval does not at all mean that your wife can enter the country. It is just for proof of your U.S. Citizenship and evidence of the qualifying relationship. Follow this link to the section of the INA that you need to become familiar with http://www.uscis.gov...190aRCRD&CH=act	wshc	Male	Germany	2011-09-10 23:36:00
IR-1 / CR-1 Spouse Visa Process & Procedures	new to forms and really need advice	You have a serious situation that will not be overcome easily if at all. I am not going to say that you need a lawyer at this stage, but you need much more information than an internet forum could provide to you. Here are a few of the issues, and other posters have also correctly pointed issues - Even with an expedite on the I-130, you have more paperwork to do. I am presuming that you are a US Citizen or Legal Permanent Resident (Green Card Holder). After the I-130 than you will need to do a DS-230, Application for Immigration visa as well as the supporting documentation such as an affidavit of support. Anything not in English will have to be officially translated as well as some original documents will have to be provided from the issuing authority (for example marriage certificate and birth certificate.) But those are the smallest of your problems - your wife will be ineligible for entry in to the USA, and possibly a life time ban will be imposed that cannot be waived. Illegal presence of over 10 years is a life time ban, so you need to determine an exact timeline of when she entered the US illegally and went back and forth etc.. And what is documented and not documented. The USCIS will not help you with this and you don't want them to at this stage. READ THE INA to see what the law says so that you are knowledgeable about the definition of illegal presence and when it applies, kicks in, how the days and years are counted, how leaving the country might reset the counter and things such as that before you submit any paperwork. And you cannot say anything different from you I-130 of a few years ago. It is still in their computer and any deviations could be considered fraud and you have even more serious problems. I learned the hard way all of this Immigration bs and my wife of 27 years and I have been separated for over 14 months now and could be separated for at least another 6 months or more. Good luck, be very careful, maybe got to the Catholic Immigrant Outreach Office in your area or the Lutheran Church. They will help without judging you. One last thought - since she came here 24 years ago, that was about the time of the Regan Amnesty so she might have some possibilities under that law that is still on the books or the LIFE act, (google it) Edited by wshc, 10 September 2011 - 03:58 PM.	wshc	Male	Germany	2011-09-10 15:56:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Reportable Income	Your income tax returns must be current however a copy of the most recent year will have to be submitted with your I-864.	wshc	Male	Germany	2012-08-11 14:22:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Thank you guys for the responses. Darnell is right, get her on the plane and in my arms on the other side of immigration before the Government changes their mind or something like that!	wshc	Male	Germany	2012-08-12 13:59:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Update - After over 2 1/2 years of processing by the USCIS my wife will finally be entering the country with her Green Card in a week. The 601 waiver was approved in June, but then the Medical Exam, Affidavit of Support and Police Certificate had to be renewed. Submitted those documents at the end of July and the Frankfurt Consulate very quickly issued her Visa. (That was nice of them.) This entire process is sickening. In case you haven't read the entire thread, initially this all started by a very unknowledgeable person at USCIS in Denver. She didn't help at all and after the appointment at that office in 2009, we filed the wrong paperwork. The USCIS field office in Omaha, Nebraska however accepted the paperwork and processed the money when they never should have. Their mistake by accepting the wrong paperwork we submitted cost us 5 months. Because of their acceptance of the wrong paperwork against their own policies, my wife's overstay was 10 days, but because of that we were separated for over 2 years. Because of a 10 day overstay. Thanks for all of the good information and advice offered through you guys at VisaJourney. You have all been very helpful throughout this and the political forum has provided a needed distraction occasionally from the burdens of being abused by the US Government. Edited by wshc, 11 August 2012 - 12:53 PM.	wshc	Male	Germany	2012-08-11 12:49:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Thank you everyone for the well wishes. We appreciate it as well as all of the great information from all the last few months. I will keep you updated as the process continues! Thanks Again	wshc	Male	Germany	2011-01-26 21:05:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Update - Received Email today, Jan 24, 2011 about NOA2. Hope to have the hard copy soon and interview sooner!	wshc	Male	Germany	2011-01-25 02:25:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	hey - did you at least get a receipt notice, formletter I-797-C ? (that's the NOA-1 timetick in yer timeline, btw) Hang in there ! Yes, sorry I did not included that info. I can't get the time line to work on this forum and don't really have time to figure it out. The service center received our Form I-130 on August 16, 2010 and the status is still initial review. I don't know if I mentioned it, but I spoke with my Congressman's liason on immigration and in the face to face he made it sound like he could get the 130 expedited, but a few weeks letter I got an email from him wishing me luck and sating that he can't do anything else. I am not sure if he even tried. I have recently discovered about how to apply directly with USCIS to expedite the process and I am going to try that. Thanks again all...	wshc	Male	Germany	2010-10-08 11:51:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Nothing new...good luck to everyone else. And again, thanks for all of the help and advice from everyone in this thread.	wshc	Male	Germany	2010-10-07 22:54:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Update - nothing new actually. It has been one month now since the CBP stole my wife and destroyed my life. Hope they are happy. Maybe they should look south sometimes at how bad a job they are doing down there. Sent the form I-130 a little over two weeks ago and the check hasn't even been run through the bank yet, so I guess we are in for a long wait. Hope everyone else going through this bs is having better success.	wshc	Male	Germany	2010-08-12 11:00:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	The replies crossed paths - ok, the waiver will be ready for the interview. I will consult as recommended Laurel Scott on that point. Have a great weekend everyone!	wshc	Male	Germany	2010-07-24 13:55:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Yes, I follow your logic. I have read the links you mentioned several times. Here is the biggest problem with the requirements of the CR1 (and yes, the idea about the K3 is now dead thanks to the good input and information provided here.) Quote from here: travel.state.gov Ineligibilities for Visas - What If the Applicant Is Ineligible for a Visa? Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility and what the waiver process is. You can see the complete list of ineligibilities by clicking on Classes of Aliens Ineligible to Receive Visas. Where does a waiver play a role here? Personally I think any waiver should be requested BEFORE or at the same time as the I-130. That would save a lot of time and trouble. If there is no way to get a waiver I need to know now, not months from now. But that is not the way it is. Thanks	wshc	Male	Germany	2010-07-24 13:43:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Of course this is no AOS case anymore. It will be an entirely new petition for an immediate relative of a USC. The German lawyer gave wrong advice, which is kind of scary since it's knowledge from Immigration 101, first week. Hello, thanks, I think?? (I am going further and further down the confusion path.)Small point, the lawyer was here in the US. The info from Frankfurt consulate was just a person at the service window, just as the person here in the US at my local USCIS office. They all three said the same thing basically, file the I-130 and the I-485. Personally, I think they are all wrong, because there is no AOS if she is in Germany. I would think that after I-130 approval, a Form I-129f. However, the joker is the three year waiting period, and the necessary filing of a waiver. That is one reason that I did not file the I-485 concurrently with the I-130, I am not %100 convinced that filing the I-485 under the present circumstances is the way to go. The filing of I-130 is the correct first step I am sure however, that is the start of everything. Thanks Edited by wshc, 24 July 2010 - 01:15 PM.	wshc	Male	Germany	2010-07-24 13:14:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Thanks for the last two replies, (as well as all of the rest) In Frankfurt, the advise was to file the I-485, starting with the I-130 of course. They suggested that we do them concurrently. Of course they knew that my wife was in Germany and I was in the US. (No discussion about DCF because my wife did not bring it up and the officer (whatever they are at the service window) thought I was bonafide in the US and had no bonafide resident in Germany. The lawyer I consulted with also said that is the way to go. Both places said there is no way we could get a visa since my wife is under penalty (entry ban) for three years. They just said there is no way a visa, immigrant or non-immiigrant visa would be granted at this time. At the consulate in Germany my wife told me he said "no way in hell would a visa be approved or issued for her." I am still trying to figure out if he told her that in English or German. :-) I agree somewhat with all that you say about different reasons not to use the I-485. I thought that by using a I-130 with an I-129f I would get her to the US quickly, then we do the I-485 once she is here, but the majority of opinion is against that, most importantly the consulate in Frankfurt and the attorney I consulted, (don't count the USCIS officer I visted here in the states, that was one of the biggest wastes of time in my life.) I still do not understand why, except for the "fact" that there is "no way in hell" that any visa would be approved. Thanks for the thoughts...	wshc	Male	Germany	2010-07-24 12:54:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	When did your wife overstay and how long? (I could swear I asked that question at least twice before. I speculated, but you never answered it.) If it comes to the point where you need a waiver, don't fool around with the German attorney, but consult Laurel Scott, who successfully does nothing BUT waivers and be confident that she knows how to do her job. As I stated before, I think you are in pretty good shape, even if you need a waiver. Hello again, My wife arrived Aug. 17, 2009 and left June 24, 2010, so she is more than six months and less than a year. The punishment for such a violation is 3 years ban on entry in to the US. Thanks for the advice about the lawyer. I had consulted a US lawyer, and had planned to return to him for the waiver, but no contract or committment so I will look in to using the services of Laurel Scott. I have read that name often. According to the lawyer I saw, a hardship waiver for someone in Germany is very hard to get approved. Here are a few other answers to replies: If she's not in the USA, toss the I-485, in toto. Why? Everything I have read as well as info here and from the advice of a lawyer indicates that the I-485 needs to be filed in this case. That way my wife will get an interview in Frankfurt, where she will be denied a visa due to her ban on entry in to the US for three years. Then a waiver can be filed. From what I have been told, a waiver cannot be filed until the I-485 is denied. Please correct me if I am wrong. As far as DCF - after weighing all things, including MY bonafide residence at the current moment I decided to mail the I-130 to the Chicago lockbox, which I did this afternoon. I more or less have two bonafide residences at the moment and for the foreseeable future, but it appears that governments don't recognize that or they can't or don't want to deal with it. So much for globalization :-) It is an English Comprehension test, you need a document that says the right things whether they are particularly true or not. You have a choice, DIY if you are of the ilk that will do the research or if you appoint a Lawyer make sure it is one who does this for a living, not a sideline. Yes, I will leave this up to a lawyer. I do not understand modern burocrats and I would not be successful on my own. Thanks again everyone, I can't wait for the check to clear then I know that at least the paperwork is sitting in a big pile on someone's desk in Nebraska.	wshc	Male	Germany	2010-07-23 23:47:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	As promised an update after my consultation with a lawyer: basically, as everyone here said and I agree, the Government made no mistakes (that can be proved) and we made all of the wrong moves (based on some bad advice and bad reading of procedures on my part). Therefore we are hosed. This is the course of action now - File I-130 After that is approved, file I-485 Then there will be an interview in Frankfurt, where my wife will be denied a visa until after her three year period or penalty for overstaying here visa expires. However, after the visa is denied, a waiver will be filed, but it will be very difficulty to say that staying in Germany is a hardship. As the lawyer said, if my wife was in a third world country or somewhere that she was endangered, or homeless without a chance where she was, then the chances of getting a waiver would be greater, but coming from a European country it will probably not happen, so we are looking at a three year wait. This is incredible and I wish everyone going through this process the best of luck. Does anybody know how much trouble it would be for an American and a German to immigrate to Canada? Thanks again for all of the information and advice.	wshc	Male	Germany	2010-07-22 21:29:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	thanks again for the tips and advice. mini update: I consulted with a lawyer, and he can help with the process, he says. The quickest personal appointment is in a few days, so although I hate to have to wait, if he has an answer that can solve all of this quickly, a few days are okay in the big picture of things. I do have a quick question, if not a dumb one, and I know maybe it should be in a different thread, but I will ask it here anyway. In reference to form I-130, question 16. As stated, my wife was denied access last week based on the wrong type of visa to enter the country. Is that considered an "immigration proceeding". I think it is not, but if it is, what type would it be? Removal or Exclusion/Deportation? I'll post an update after the lawyers apppointment and thanks in advance to anyone that can help me with that little question. I know the lawyer could answer it for me, but I would like to have all paperwork correctly filled out before then.	wshc	Male	Germany	2010-07-20 00:37:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Wshc, I just want you to know that I'm not trying to chastise you in any way. I just wanted to point out that sometimes ideals and "What should be right" just get in the way when you are dealing with anything Government. I'm an idealist but I have to be a realist also. If you wife was still in the US then I'd be cheering for you to fight the good fight but you want and need to get your wife back as soon as possible which means that you have to figure out how to do that within the system. I hope your chosen path gets your wife here ASAP... Thank you very much for the good wishes. As the days go by, the level head comes in to play and the emotional shock subsides. Moving forward now... --- Quick questions about DCF - I like that route, and am working on that, but ran across this statement in an add from here Visa Web Page "Can't I Just File Some Paperwork at the Embassy Overseas and Bring Her Home With Me?" Not anymore. The Direct Consular Filing (DCF) option ended a couple of years ago in all but a few rare cases. When US immigration ended full visa processing at the US Embassy, they forced all marriage based petitions to undergo domestic screening with the USCIS. The day of 'bringing your wife home with you' may be over, but when done properly the CR-1 / K-3 process can go rather quickly. Does anyone know if there is any truth in this, or is this in the ad to give people another reason to use the services of the company. (I am not despartely looking at every ad, but just gathering up as much info as possible, researching and planning.) Thanks again for any advice you may offer. It is all appreciated.	wshc	Male	Germany	2010-07-17 10:30:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Thanks for the excellent advice. I will put it to good use and take it to heart. Sorry, I never meant to rant. Just been a long week. btw.. It's so simple a caveman can do it and there's no other way, even if you and the President were old buddies from college. I was in Hawaii the same time as the President and we are the same age, so we might have been in the same pre-school :-)	wshc	Male	Germany	2010-07-16 23:39:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Even if it went the best possible way in front of a judge USCIS would have grounds for an appeal and requesting an immediate stay of any court order that would allow her entry under a situation where the court order "breaks the rules" The law is the law at all levels and to get a proper win in any court proceeding you need to prove that you didn't violate the law. If you get caught going 80mph in a 45mph zone and you go in front of a judge you won't get the ticket thrown out because you didn't read the speed limit signs. To get it thrown out you'd need to either prove that you weren't exceeding the speed limit or that the speed limit wasn't properly posted (signs obscured or absent). So while he is correct that it was a series of mistakes that lead to your current situation, in the end it would be quicker for you to just wait out the 3 year re-entry ban. As egregious as the results of the mistakes are it doesn't relieve your responsibility to find out what she would need to return to the US. Several mistakes were made on your part before USCIS (CBP) took and negative action against her. I take full responsibility for my mistakes and never said we did not make any. (But in our mistake, we show an honest effort to comply, which does not appear to be recognized by USCIS or CBP). If we had filed no paperwork and this all happened, then their actions would without a doubt be justified. (USCIS is not totally mistake free either in this case.) It is a big agency with too many visas and too many forms and too much overhead. The possibilities for error are too high. Any agency that recommends that you need a lawyer to navigate through their process needs to be reformed and cleaned out. (My German Greencard equivalent took three weeks and was hassle free. The same paperwork, marriage certificate etc... but once paperwork was filed, three weeks. Why can't the US do that?) CBP is in a bad situation of having to enforce rules that they do not make, may not understand and probably do not have the authority to make their own judgements. Be real, the agent could have easily seen that we were no threat to this country, we had filed forms already, (although the wrong forms, they did show our intent and good faith effort to comply), and we were totally honest on everything. To be honest, if we had lied on a few points, my wife would be here now, but I don't lie and neither does my wife. The officer could have used common sense and his best judgement to allow entry. We would have continued with the process. There is no intention to fraud the government or live here illegally. When we travel we use airplanes and go through customes and controls so we would be real idiots to try and enter the country without proper paperwork. That is what I am saying, a human face to the process should be allowed. There should at least be some mechanism in place for flexibility in their decisions. Have you been to a secondary detention at a Port of Entry? It is like the bar in Star Wars. While we were there, due to the lack of any privacy, I heard one guy being question about why he had only reported 6 arrests and not the 10 they showed. One guy was having his bags searched and they seemed to find several things they put in to evidence bags and they appeared to move him to a detention room. Another person had no answer to any questions about where he was going to stay and with whom or anything. And this was the norm, at least on the day we were there. So they want to kick out someone because a wrong form was used?? Give me a break. If anything we should be welcomed with open arms for returning from Europe and wanting to make a positive contribution to the US in this time of need. (Just as a note, the officer working with us was very professional and told us that he would not deny entry if he could, but his higher ranking colleague seemed to be enjoying kicking her out. I am not paranoid, but dealing with people all of my live, I know how to read them, and he was liking his power play.) Btw.. if a person was speeding and when the officer pulled them over and saw a pregenant woman, I would hope he would offer to escort them to the hospital. If he did give them a ticket, I would hope that the judge would throw it out and then have a talk with the officer about humanity. Maybe the world isn't like that anymore. Edited by wshc, 16 July 2010 - 10:03 PM.	wshc	Male	Germany	2010-07-16 22:00:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Thanks for the tip about the web site. I will look in to it right now. This might not be appropriate, but if anyone has any comments, good or bad about the law office of "Schunklaw", let me know. I am in early stages of contact with that law firm. Briefly, I know exactly what Mustafa is saying, and in a way he is correct. He is saying that this is a misunderstanding, it involves human error on everyone's part, and therefore needs a human decision and not a decision based on just forms, rules and regulations. That is something I was hoping for from USCIS but it will not come at the level we are forced to approach them at. Anyway, Mustafa is saying that a judge just might be willing to "break the rules" if the case is presented in the correct manner. The judge has nothing to lose and does not work for USCIS so there is no concern about stepping on any toes and ruining his career. The cause must be just, and I think a case can be made for that. Of course, the case might be given to a judge that is not so inclined to be that flexible and it could all back fire. I am going to be prepared to file the initial paperwork I-130 ASAP, after I consult with the lawyer face to face. My goal is to get my wife back to this country and then we will do anything the USCIS wants us to do paperwork wise. I checked out the congressman route, and that does not look to promising as far as expediting the process. Plan B is my wife goes to Mexico and walks across the river in Laredo and we wait for amenesty, or we say forget it all and stay in Germany. (Just kidding about the river part, but I bet that is a resentment all people waiting years to do immigration correctly have had.) Everyone have a great weekend! I am going to try and recover my enthusiam and desire to come back and live in the greatest country in the world. It is, just somewhat frustrating at times. Edited by wshc, 16 July 2010 - 08:27 PM.	wshc	Male	Germany	2010-07-16 20:24:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Abandonment of Green Card	Update: the trip to the local USICS office was totally useless. I had the same person that I had last year that told us we could use an I-90. Of course that was not remembered. There was absolutely NO effort to understand my situation and not any effort, not even a slight effort to offer assistance. I have received better information on line than I received at the USICS today. The total session was under 10 minutes, there was not even enough concern or interest to ask to see my paperwork, although I let it be known that I had it all. (I had it all e-mailed to me just for this meeting.) The last time we were there the last advice given by this person was that if we don't like the procedure we could always get a lawyer. Today, after I asked how I could escalate this process, to possibly the supervisor. The response was that I could always talk to my congressman about this matter. What is this for advice? Posts: I noticed quite a few post, again thanks..let me answer some of the questions in those: I am considering DCF and think that is the quickest route, but it will have to be done in Germany where I will have almost no influence on the way it goes. As I am still a German residence (I think). That means, I have the unbefristete Auftenhaltserlaubnis (unlimited work and living permit), still own a house there (my older children live there still), pay bills there and bank accounts and am a registered business still with the finanzamt(IRS)and still file German income tax. (I work some contracts in various Eurpoean countries and payment is easier for the customer if the company is German.) Of course now my wife is stuck there so she officially is again a resident there too. Our intention is to be permament in the US but maintain close ties to Germany, maintain the house etc.. so that we can visit the kids, family and friends often. Germany will be like a second home. (That will really confuse the government burocrats in a few years.) To the post that mentions that we will need to maintain her primary resident in the U.S., that is understood now, and is no problem because just as in Germany, we have a house, own property, have children here also in school, as well as all of the bill paying :-( and bank accounts in the U.S. and of course file US income tax, although up to now most income has been exempt. Mustafa, thanks for the input and you are right. Unfortunately a he said/she said against the government is a no win situation. Ignorance of the law is no excuse, and I don't see much prospect of any decision maker using common sense and overuling that. Next step: A consultation with an attorney is next on the agenda, and also my wife is going to consult an attorney in Germany. In General: I don't mind the paperwork, fees etc... but the waiting times are totally unacceptable. Where is our government on this. This is 2010, we have computers. This is prehistoric. It was faster in 1990 when we did this process the first time. Luckily when my wife and I met we were in the same country in Europe and I was assigned there for a few more years so there was no separation as I have seen and read about in this forum. Why does our government think it is acceptable to more or less force people to live apart from each other. Should love be limited to people of same citizenship. (Sound like a case for the ACLU.) Who is in charge of this agency? Can't they do this more humanely? Let the people live together in the states. They could make the couple show up once a month to the local USICS office or something like that to make sure nobody is using the system incorrectly. C'mon on. This is a joke that most American don't even know is happening. Again, thanks for all of the information.	wshc	Male	Germany	2010-07-16 16:32:00