VisaJourney.com > Visa interview/ denial for overstay and waiver process??

ayoroa

Jul 5 2007, 10:02 PM

Hi all; first time posting here.

My paperwork is done as far as requesting a visa appointment date for my wife. she will be denied residency and visa because she entered illegally into the USA through Mexico. we have been married 4 years and have a 3 year old son. I am a US citizen.

I will request an appointment for a visa from consulate in PERU and wonder if it matters if she goes alone? she will be denied VISA anyways correct? or is my presence needed to helps our case go better??

so ...should I wait until I submit the waiver before spending the money to travel to the consulate in Peru?

I figure I will only need to be present after we submit the 601 waiver and are granted an interview. correct?

Does the waiver open the opportunity to have a interview for me and wife with consulate in Peru??

In other words):Does my waiver need to be approved before we can be interviewed for a chance to total approval ?

how does the process work?

thanks.. kinda tired hope I make sense.. need help knowing what to expect....

Thanks....

Minya's wife

Jul 5 2007, 10:36 PM

I'm not sure I understand what you're requesting. Where is your wife now? If you're married, and your wife is living in the US with you, why aren't you applying to adjust her status? Or have you done that? I don't understand why you would be applying at the consulate in Peru? Have you already had a spousal visa petition approved by USCIS here in the states, and it has been sent to the consulate in Peru?
You need to provide a little more information, for us to be able to help you.

Good luck!
-P

Minya's wife

Jul 5 2007, 10:46 PM

Darn it! I can't edit my previous post.

QUOTE

My paperwork is done as far as requesting a visa appointment date for my wife.

What paperwork are you talking about? Have you filed a spousal visa petition w/ USCIS? Has it been approved? Sent to the consulate in Peru? You've received a packet w/ instructions on how to proceed further?
You need to provide a little more information, for us to be able to help you.

and

The timeline will help others here with statistics, but will also assist us in trying to figure out where you are in the process....so we can offer advice.
The Guides are just FYI.
Good luck!
-P

desert_fox

Jul 5 2007, 11:38 PM

QUOTE(ayoroa @ Jul 5 2007, 10:02 PM)

Hi all; first time posting here.

My paperwork is done as far as requesting a visa appointment date for my wife. she will be denied residency and visa because she entered illegally into the USA through Mexico. we have been married 4 years and have a 3 year old son. I am a US citizen.

I will request an appointment for a visa from consulate in PERU and wonder if it matters if she goes alone? she will be denied VISA anyways correct? or is my presence needed to helps our case go better??

so ...should I wait until I submit the waiver before spending the money to travel to the consulate in Peru?

I figure I will only need to be present after we submit the 601 waiver and are granted an interview. correct?

Does the waiver open the opportunity to have a interview for me and wife with consulate in Peru??

In other words):Does my waiver need to be approved before we can be interviewed for a chance to total approval ?

how does the process work?

thanks.. kinda tired hope I make sense.. need help knowing what to expect....

Thanks....

read the guides..

You dont request an appointment in Peru...you send the I-130 to the appropriate service center in the US. Once it is approved, it will be sent to Peru and they will set up the appointment. I think that Peru wants the USC spouse there...but not sure.

You wife entered the US illegally. If she is here now, she cannot adjust status. She will have to return to Peru and will get an automatic denial. That is when she an submit the waiver.....this is still a long way off. You have to do it all in order.

ARodrigues

Jul 6 2007, 08:15 AM

Please pose questions at www.immigrate2us.net. You'll get better answers as most of us there are in the same boat. While I have just started this process, I believe you would prepare your waiver with your hardship letter and turn it in at your interview, after the denial. I do not believe you can, nor would want to make an appointment with them prior. IS your wife originally from Peru and came through Mexico?

Your wife is EWI (so is my husband) so cannot adjust here. You already know that, but many people here on the board are eligible to adjust here, so they throw out incorrect info without knowing the situation.

ayoroa

Jul 6 2007, 09:43 AM

Paperwork done means I already have submited a number of forms including biographical, I 130 and a number of other paperwork before my case was sent to consulate in Peru. My wife is still here with me ion the USA and consulate is waiting for me to prompt them for a visa interview appointent.

just a phone call away to setting up visa appointment at this time. I am applying for her USA residency as my spouse.

Adjustment in the USA is not possible as she entered ilegally and never had a visa to start with.

I understand I have to submit a waiver after she gets denied; and may be able to submit the same day.

But does it help my case to be present at the visa denial visit?

I believe not. That is part of my question. the other was if the waiver gets looked at before I get an appointment for interview with my wife or what steps take place if anyone here knew.

I guess I will be contacting Immigrate2us also as they are comming back alive lately again...

Thanks for any info.. this is important to me to know...

take care...

ayoroa

Jul 6 2007, 10:06 AM

QUOTE(ayoroa @ Jul 6 2007, 09:43 AM)

Paperwork done means I already have submited a number of forms including biographical, I 130 and a number of other paperwork before my case was sent to consulate in Peru. My wife is still here with me ion the USA and consulate is waiting for me to prompt them for a visa interview appointent.

just a phone call away to setting up visa appointment at this time. I am applying for her USA residency as my spouse.

Adjustment in the USA is not possible as she entered ilegally and never had a visa to start with.

I understand I have to submit a waiver after she gets denied; and may be able to submit the same day.

But does it help my case to be present at the visa denial visit?

I believe not. That is part of my question. the other was if the waiver gets looked at before I get an appointment for interview with my wife or what steps take place if anyone here knew.

I guess I will be contacting Immigrate2us also as they are comming back alive lately again...

Thanks for any info.. this is important to me to know...ps:I can make an appointment by phone because the consulate in Peru has already given me dates and have canceled appointment twice.. they said ok.. call us to set up when you are ready...or my wife is ready I guess...

hope this makes more sense.. sorry for not naviving time lines ready.. been a lot of water under the bridge... need to dig up paperwork and see Dates... just flooded with work and life at this time.. God is good still.. will work out...

keep the faith...
take care...

ayoroa

Jul 6 2007, 10:37 AM

replied to myself in last post.. excuse mistake plese read as an extension to presenting my case instead... having a bit of a rough day..

thanks!!

kitkat1

Jul 6 2007, 11:41 AM

QUOTE(ayoroa @ Jul 6 2007, 09:43 AM)

Paperwork done means I already have submited a number of forms including biographical, I 130 and a number of other paperwork before my case was sent to consulate in Peru. My wife is still here with me ion the USA and consulate is waiting for me to prompt them for a visa interview appointent.

just a phone call away to setting up visa appointment at this time. I am applying for her USA residency as my spouse.

Adjustment in the USA is not possible as she entered ilegally and never had a visa to start with.

I understand I have to submit a waiver after she gets denied; and may be able to submit the same day.

But does it help my case to be present at the visa denial visit?

I believe not. That is part of my question. the other was if the waiver gets looked at before I get an appointment for interview with my wife or what steps take place if anyone here knew.

I guess I will be contacting Immigrate2us also as they are comming back alive lately again...

Thanks for any info.. this is important to me to know...

take care...

Waivers are submitted after denial at the interview, once the CO has determined that the applicant is eligible. Waivers require detailed hardship letters with strong proof and evidence. If you have everything ready to go at the interview, maybe you'll be able to submit it immediately.

It does not help your case to be present at the interview - chances are you would not be allowed in -- check the Peru US consulate website to see what their rules are regarding the presence of a spouse at a visa interview.

Good luck