I got my letters in the mail today that my I-601 and I-212 waivers were denied through Vermont. I guess my journey is over...thanks to everyone who has helped me along the way. We are not going to appeal...2 1/2 years has been long enough.

I am very sorry to hear that. I agree that 2 1/2 years is too long to want to continue with an appeal.

So sorry about your news.

What will you do now?

Best wishes.

I'm really sorry for this. Hope you can still have a future together in Canada.

I'm so sorry to hear that you were denied. It's madness. I hope that you can put the disappointment behind you and that you both have a wonderful life in Canada or wherever you decide to live.

Oh my gosh. I am so sorry to hear your news. Is there anything I can do? I wish I could help. Is there anyway that you can wait another year and reapply?

Does this mean your husband is going to come to Canada to live? I tried going back through the posts and I can't seem to find the reason for your waiver but it's for an overstay isn't it? I don't mean to hash up bad memories. I know you've gone through a lot recently and this has been/is a really bad roller coaster ride with a denial now. However when you've had some time to decompress, have you though about possibly contacting Laurel Scott for help. Even trying to get a consult with her to see if she's able to help. I am in a similar situation-the length of time for a waiver approval so I realize what you are going through. If you'd like someone to talk to feel free to contact me. I know what this process does and the havoc it reeks. I wish you all the best.

Thanks for the replies. We can't wait anymore, our marriage has been on eggshells throughout this process and the waiting is agony. We are applying for my husband to come to Canada and hopefully that will work out better. I wish you all the best of luck in the rest of your journies to happiness!

neworleansbound...well, I thought it was for an overstay and lack of documentation, and that's what my paperwork said but here's what happened:

The day I was kicked out we were heading through the port of entry and when asked what Nationality we were my husband replied American. The crossing guard then said, both of you? To which hubby said yes. Obviously this was wrong I am not, I am canadian...and they caught us on it. In our paperwork they didn't mention anything about it and told us that they would do us a favor by not mentioning it and that way we could file our paperwork and go on with our lives. So, in all of our paperwork it states that it was due to lack of documentation pertaining to our marriage. However; in the denial notices it states that I cannot receive a waiver due to fraud and willfully misrepresenting myself. I am not sure why they even bothered to let us file a waiver if they knew I couldn't get one...but alas, they did. So we wasted the money to file the waivers, we've wasted our days (this happened on November 28th, of 2004 when our daughter was a mere 6 months old. She will be 3 next month.) So anyway, long story short...we screwed up, they made it sound like it would be fine in the end, and they royally screwed us over.

So sorry to hear of this. It's been such a long wait for you three. Best of luck with him relocating to Canada, if that's what you decide.

Sadly, because of that one answer, "yes, that you were both Americans" that put you under the category of making a false claim to U.S. citizenship, 212(a)(6)©(i)(i)....which is the area of misrepresention/fraud that no waiver is available for at this time.... It was such a minor mistake and crazy that there is no waiver available for that......I hope that things in the immigration laws change soon. But, Canada is a beautiful place and I wouldn't worry about anything~

It is my understanding from the brief research I have done on a US citizen spouse moving to Canada, that the process is not all that difficult. I hope you can get the paperwork in order and start the process of your husband moving to Canada soon.

Take care and keep your chins up..... you will always have each other, the three of you.

Good luck and best wishes.

I can only imagine your frustration and helplessness at the moment.
You should believe that life is NOT short and there is always time to set
things straight for better future for your kids.

Just try one more time.

1. Discuss with Laurel Scott and file a brand new waiver again with her help.
2. If you don't want to spend more money, then just prepare it yourself and file it.

You be strong and keep thinking to beat it.

I cannot blame the OP for not 'trying' again - particularly after they were basically lied to about why they needed to file the waiver to begin with. Knowing you're dealing with fraud and misrepresentation as opposed to an overstay is quite a different task - so to not even have the information to defend themselves to begin with is pretty underhanded by our govt. I see their 'point' (saying you're an American if you're not *technically* is fraudulent), but personally I think the govt was fradulent by not revealing the correct nature of the denial.

briluke_nyla, I wish you guys the best on getting hubby to Canada.

My fiance and myself are waiting for our waiver to be approved and we had to file a waiver for misrep. My fiance was denied entry and they basically didn't believe his intent for visiting and the border agent cancelled his tourist visa.......Our particular section of the law is completely waiverable. Our consulate knew the exact details and part of the law that pertained to his denied entry and we also knew from the beginning the section of the law that we would be inadmissible and were completely prepared with our waiver. There are two major sections under misrep. (1) Is the most general and is waiverable (which we fell under) (2) False claim to citizenship, not waiverable. Misrepresentation, along with overstays & illegal presence are all quite common inadmissibilities and are the most common reasons for waivers. Unfortunately, there are many sections of the INA law that are not waiverable.

As I said before, I think immigration laws need to be changed.

The biggest and saddest part of this situation is that they were led to believe they had a chance, when in fact, they never had a chance due to the particular misrep. charge against them.

I wish them the best of luck and hopefully someday the laws will change and they can join each other here in the U.S., but again Canada is a beautiful place and they have each other.

Well i just finished speaking to our lawyer, and according to him not only have I been denied but they upped my bar. I am no longer barred for 5 years as told the day I was deported. I am now barred for 10 years. It just gets better and better.

That is ridiculous!!! On what basis - because you filed a waiver??

Something about that reeks to me.

He says its because I was charged for lack of documentation the day I was deported, but since they reviewed the case due to the waivers, it is now purposefully and willfully lying and misrepresentation.

Technically? Are you saying that a Canadian is American as Canada is in North America?

I do not understand the lack of documentation, if they consider somebody has immigrant intent usually you will be refused entry, not deported.

Seems that:

There was a prior overstay, that overstay would have made the OP ineligible to enter the US without a Visa and a Waiver.

Sought entry anyway as a Visitor without a Visa and Waiver.

Compounded by claiming to be a US Citizen, a big no no.

So perhaps with that situation they decided withdrawal was inappropriate and went to the trouble of deporting?.

I am fairly sure that claiming to be a US Citizen carries with it a life time ban.

Something does not add up.

Of course not. What I was suggesting was more that her husband panicked at the border when asked that question, and obviously never thought his answer (and mistake) would bring them to where they are now.

OMG. I can't believe that. I've come across quite a number of rejected waiver cases lately, both here, IRL, and in other forums, and I am continually amazed at what people have been put through just to be told, after years of waiting, hoping, and worrying, that they are not allowed to step foot on US soil.

I've lost any faith I had in US Immigration. Back before I started this process, I was sure the system was fair, that if you did everything by the book and weren't an immoral person, you would be allowed into the US eventually. I knew it might take time, trouble, effort, and separation from loved ones to accomplish it. But I didn't know it might involve having our entire lives, both private and public, raked over the coals, scrutinized and judged. I didn't know that one stupid mistake could ruin your prospects for good, and that all of your time, effort, and money would end up being wasted. I realize that being granted admission to the US is a privilege, not a right, but it seems they treat everyone as guilty until proven innocent.

We may or may not need to file a waiver. We'll find out soon enough, as my husband's interview is coming up soon. Before, I was determined to go through with the waiver process, but now I've become so angry, depressed, and disillusioned with the whole thing that we may decide to give up if he's deemed inadmissible without a waiver.

Sorry for sidetracking this thread with my own personal rant.

I agree Boiler. The fact that this situation involves a claim to misrepresenting US Citizen status definitely at this time is a life-time ban and [u]not waiverable. [/u]Other forms of misrepresentation also carry a lifetime ban, BUT ARE WAIVERABLE. Deportation carries a ban, as does an overstay/illegal presence, however the US Citizen part of this situation is the biggest problem, as there is really nothing that can be done at this point.

Again referencing my personal situation. When my fiance was denied entry and charged with misrep. for lack documentation, etc. They did not deport him or expeditely remove him. The border agent allowed him to withdraw his application for admission and he was simply refused entry. He was given a copy of his report and it clearly showed that he was only refused entry. When we went to our interview we already knew that he would be inadmissible for the misrep. at the border that dayand that his section of misrep. was completely waiverable. The consulate who interviewed us was right on target when she told us that we were in need of the waiver and clearly marked the reason on his form as the same section of the law stamped on his passport from the day he was denied.

Someone is lying to them about their situation. I don't know if it is the consulate, the attorney or what, but I really feel bad for them.........Best wishes~

Makes no sense, why would you panic when asked for Citizenship at a Border crossing?

its such a sad news ,
so sorry for this happened to you

I dunno, cos you're human?

It sounds like they had a previous overstay that they were concerned about and that probably did not lead to the clearest thinking in the middle of a situation like that. Was it 'right' to do what her husband did? No. Would he have done it if for one second he thought it would bring them to where they are now? No.

I feel bad for them. If you aren't willing to cut them a little slack, well, that's totally up to you.

My husband didn't panic...he just did what he thought was right. I had been living there for over a year, with no visa. He knew I'd get kicked out if they found out and figured that if he said that I'd get to stay.
As for the life time bar...no where in the paperwork they sent me does it say lifetime. In my original paperwork they have checked the 5 year box, but in my waiver denials there is a paragraph in there that states, " You are excludable under Section 212(A)(9)(II) as an alien who was ordered removed under section 240, or any other provision of law, who seeks admission within 10 years of the date of such aliens departure or removal." So from that we get the 10 years.
And I used the wrong term, I said deported but i was expeditely removed.

Thanks for clarifying. Obviously I didn't have the chain of events in my head correctly. Its unfortunate that he said what he did - maybe things would have been different.

I wish you two the best for the future.

i'm sincerely sorry. i know how a hard blow feels. sometimes there just ISN'T justice, and sometimes we get people who decide our cases who are just having bad days and taking it out on us.

i think many of the people who make the decisions act like many people do in relationships: they judge new partners based on old partners, and bring baggage where there is none.

i truely am sorry. i've been dealing with immigration since i was 7 yrs old, i'm now in my mid-20s and married and still getting bullsh*t

i wish you happiness and peace and luck

'briluke_nyla' , not sure if you're still coming here. But here's my RFE notice. I am now getting so discouraged. I can't believe they want more info-this was all in the waiver packet. I sent them two copies of the damn waiver too. I'm getting tired of all of this.

So today my husbnad and I got a request for further information and I'm at my wits end again. This is riduclous as we already sent most of this information in with our visa waiver packet. So it's back to the drawing board for us. I just can't believe we have to jump through all these friggin hoops to get a waiver approved. So here's what USCIS requested from us:

Submit evidence to establish that your intent in marriage was to establish a life together. Such evidence may include, but is not limited to: proof the beneficiary has been listed as your spouse on insurance policies, property leases, mortgages, income tax forms or bank accounts, and testimony or other evidence regarding courtship, wedding ceremony, shared residence and experience.
Submit police certificated for yourself from all of the localities where you have resided in the past five years including the United States and abroad.

Just send in what they ask for, it's the best you can do. Hopefully you have a bunch of 'joint' evidence. Hopefully with them requesting info it means an end to your case soon. With any luck once you send in the info, they will issue the visa.
I have been continuing to get the run around from them. I have been trying to discover for sure whether my ban has been changed and no one is giving me a straight answer. I am now going to send a letter to Vermont requesting the information. I called the border crossing that I was kicked out at and talked to the Supervisor (an ###, by the way) and he was of no help and refused to provide me with contact information to Vermont. His only response was, I am sure you have access to the internet, have a good day. And that was it.

I swear it's like the border agents have some god complex. The power they have seems to have gotten to their head. I wish you luck. My husband and I do not have any joint evidence. Sucks but we're trying to get some stuff together.

canadian processing times. sponsorship canadian-style seems way easier.

http://www.cic.gc.ca/english/department/ti...tml#sponsorship

and

http://www.cic.gc.ca/english/department/ti...fc-spouses.html

i'm so sorry again :/ i wrote earlier but i just feel so bad so i had to write again. i was in the US legally from age 7-20 and the consulate was a royal biznitch, saying i wasnt legal but not telling me how or why. and being SO rude. so now we have several complaints sent out by lawyer about her to several angencies, as well as the senator who's said he'd even help expedite the review.

they all need some sensitivity training.

if i didnt grow up in the US and have so many friends and family, i would prefer canada.

i bet i've lost a million pounds by now jumping through their hoops

Hey Neworleans...You must have something. Pictures of the two of you together?? Letters or emails back and forth? Mail from family members addressed to both of you? Ummm...Letters from people who know you both that would back up your relationship? Keep digging, you'll find something!

mrsserendipity, Thank you for the links! Nice to see that they are pretty quick!! Thank you for your well wishes too! I wish you the best and I hope they stop being such jerks to you. It's kind of funny but as I went through the whole process I kind of felt like a trained monkey. Hear the bell and run! Only instead of a bell it was check online...check the mail...get something...run run run!! As much as I wanted to have it go through, I find myself at peace that I don't have to deal with them anymore.

good analogy. i can imagine how wonderful that peace feels. bittersweet, but still peace. now when people ask how i stay in shape i say i just jump through hoops. i call it the Immigration Diet. i cant remember ever having that peace, having dealt with b.s. since i was really young. almost 2 decades of b.s. have cause me to develop a mental illness as well. soon hopefully i can just relax. for once i still havent lost hope.

yeah canadian spousal sponsorship seems easier. are you close to your hubby? does he have a fancy job, or can he relocate for a few months (or travel)? i'm right across the bridge from him in windsor. its such a tease, lol. many times i just park by the river and watch detroit...like half a mile away. id daydream about just swimming through or skating over in the wintertime, but im just not that kind of person. but it is just such a tease. i miss it. it's where i grew up. but because our last lawyer in the states was a dummy (and got his lisence expelled, too, so we were left with no lawyer), they screwed with my parents and since i was under 21 i was included in their claim and now cannot seem to rid myself of their baggage. we were never there unlawfully, no record, nothing. i think the US just doesnt like me, heh :/

ive been in canada about 2 1/5 years, so i dont know much about how everything works. i know the senator for michigan has been helpful, and i think they're called MPs here? maybe they can help your case pass by faster. i wouldnt even mention that you tried applying in the states or any of that stuff. clean fresh start have you looked at lawyers? ive found that the fancy really are worth it, heh

oh and also, i just did a quick search. here's some stuff from a canadian visa immigration lawyer's FAQs. this sounds so much easier and more compassionate for both sponsor AND sponsoreeeeee, hehe

http://www.canadavisa.com/canadian-immigra...ponsorship.html

21. How long will the entire Sponsorship Application process take?
Spousal, Common-law or Conjugal Sponsorship Applications and the Sponsorship of dependent children are a priority at all
Canadian Immigration Visa Offices and such applications are processed ahead of all other applications for permanent residence in Canada.

The length of the Sponsorship Application process varies depending on the Canadian Immigration Visa Office to which the Sponsored person's Application For Permanent Residence In Canada has been forwarded.

14. What documents must the Sponsor submit?
The Sponsor and the Sponsor's co-signer, if applicable, must complete and submit:

* An "Application to Sponsor and Undertaking"
* A "Sponsorship Agreement"
* A "Sponsorship Evaluation"
* A "Spouse/Common-law Partner Questionnaire" and,
* If applicable, a "Use of Representative" form


The following additional documents are required:

* The "Statutory Declaration of Common-Law Union" form (only required where the Sponsor's co-signer is a common-law partner);
* Documents supporting the sponsor's Sponsorship Evaluation, which may include:
o Tax returns
o Notice of Assessment from Revenue Canada
o Pay stubs or letters from employers indicating salary and length of time employed
o Proof of other income such as rental and pension income, and
o Proof of financial obligations such as mortgages, property/school taxes, personal loans/lines of credit, alimony payments and insurance payments.

* Documents demonstrating the Canadian status of the Sponsor, which may include a:
o Permanent Resident Card; or
o Record of Landing; or
o Canadian Birth Certificate; or
o Citizenship Card; or
o Certificate of Registration of Birth Abroad together with Certificate of Retention of Canadian Citizenship; and

* Documents demonstrating relationship to the Sponsored person(s), which may include:
o Marriage certificates
o Adoption orders
o Passports indicating identity of parents/children


If the Sponsor resides in the Province of Quebec, corresponding forms provided by the Quebec Government will be required in addition to the Federal forms.

15. What documents must the Sponsored person(s) submit?

* The Sponsored person(s) must submit an Application For Permanent Residence in Canada.
* The Sponsored person's spouse, common-law partner or conjugal partner and each dependent child aged 18 or over (whether accompanying the Sponsored person or not) will each be required to complete and submit a Schedule 1 form.
* Applicants destined to the Province of Quebec will be required to complete an Application for a Quebec Certificate of Selection form.


The following additional documents are required:

* Statutory documents, such as:
o Police Clearance Certificates
o Birth certificates
o Household register forms
o Valid passport and ID cards, etc. and

* Documents proving the relationship to the Sponsor, such as:
o Marriage certificates
o Birth certificates
o Household register forms

19. Can a Sponsored person work or study in Canada if their application is being processed in Canada?
While waiting for their Canada Immigration Visas, Sponsored persons are allowed to work or study in Canada only after the Sponsorship Application has been approved in principle by Citizenship and Immigration Canada. They will then be granted an Open Work Permit or a Study Permit.

Of course, if the Sponsored person was already in Canada on a valid Work Permit or Study Permit, they may continue to work or study as the case may be.

Hi again. My husband has a pretty good job where he is and as of yet we can't afford for him to leave it. He is going to stay there for the time being and quit it and come here once/if we get the Canadian PR. He is only about 3.5 hours away from me, so he comes here every weekend. We have nearly 3 year old daughter together and its been very hard on him to miss the majority of her milestones. In the 2.5 years that this has been going on, we've only missed one weekend together and that was the same weekend that we found out about the denial. It really sucked. But I know there are some out there who do not get to see their husbands/wives and so I find myself very fortunate in that respect. I am very sorry that you've been enduring the "hoops" for so long now and I hope that some day soon you get the closure you deserve.