Hello everyone;

Our waivers both the I212 and the I601 were denied in the begining of August. We will appeal the decision, but honestly I am so tired of all this immigration crap, it's been all together 5 years. Anyway, at the same time we received a letter from the Islamabad Embassy that says;

Dear Sir/Madam,

We are ready to continue processing of your immigrant visa application. Please come to the Consular Section, American Embassy, Islamabad , Pakistan on any working Monday between 8-10 am.

Please bring all of your passports (current/previous) and this letter with you.


Thanks, IV Unit


Does anyway know what this means? We filed for the K-3 and I-130, but only went to the interview for the K-3 which is the denial, the I-130 we did not go for the interview for, hoping that we could finish processing here in the US. I believe that the letter is asking us to start the interview process for the I-130? I dont know. Thanks for anyones help. Ayehsa

I am so sorry to hear about this denial.
Do they give you a reason for the denial? and did you use a lawyer?

The question you have I can't answer, but hopefully somebody in here know what it means.

Dear Mr. & Mrs. Bird,

Thank you so much for your reply. They did give me a reason for my denial, and I am so angry, one of the statements on the denial letter says that I knew my husband's immigration problems and I still travelled to Pakistan to marry him, imposing myself to hardship. Do you believe this? I am a Paralegal and I do work with am immigration attorney, he will be appealing the denial for me. Thank you so much for your answer. God Bless you both. Ayesha

Ayesha, I wouldn't think going through the CR1 spousal visa interview will make any difference. He will still be denied and unless you can prove substantially different hardships, it doesn't seem to make sense. I would think appealing is a better route to go, along with a consult with an immigration attorney who is very experienced in waivers and appeals.

Does anyway know what this means? We filed for the K-3 and I-130, but only went to the interview for the K-3 which is the denial, the I-130 we did not go for the interview for, hoping that we could finish processing here in the US. I believe that the letter is asking us to start the interview process for the I-130? I dont know. Thanks for anyones help. Ayehsa

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Finish the process in the US??? Is your husband now in the US? I am NOT a waiver expert but I once read an news article. A man (USC) married a chinese national and after 10 yrs of immigraton battles, they sent him a letter saying the visa was ready in China and his wife must travel to china to pick it up. She went to china and she didnt get a visa...she got a ten year ban. Becareful if your husband is in the US. Good luck. Sorry for the scary story.

[quote name='G&A' date='Aug 11 2007, 08:28 PM' post='1114947']
Does anyway know what this means? We filed for the K-3 and I-130, but only went to the interview for the K-3 which is the denial, the I-130 we did not go for the interview for, hoping that we could finish processing here in the US. I believe that the letter is asking us to start the interview process for the I-130? I dont know. Thanks for anyones help. Ayehsa




Finish the process in the US??? Is your husband now in the US? I am NOT a waiver expert but I once read an news article. A man (USC) married a chinese national and after 10 yrs of immigraton battles, they sent him a letter saying the visa was ready in China and his wife must travel to china to pick it up. She went to china and she didnt get a visa...she got a ten year ban. Becareful if your husband is in the US. Good luck. Sorry for the scary story.

Hi G&A,

My husband is in Pakistan, but I know you are correct, alot of times if you are in the US you can get sent back. Thank you for your advice. Ayesha

If he had an approved K3 visa, he could finish the AOS in the US. Until he has an approved waiver, it's not an option.

Hello,
According to your post, things are much confused and tangled.
the best way to figure it all out is to connect with your embassy, explain the situation and ask your questions. I am sure they'll be able to puzzle out the existing situation. Good luck!!!!!!!!!

I'm sorry to hear about the denial. I know very well that it is horrible to wait so long for such news. Keep strong and do what you need to do to regroup.

The way the email from the embassy is worded it certainly sounds like this is processing for an immigrant visa for your approved I-130. As others have said though, if your husband is still inadmissible, ex. the bar is not expired, then you will still need to do another waiver.

Before deciding which way to go, I would highly recommend consulting with an attorney familiar with waivers in Islamabad and with appeals. The timeline will probably be similar, but the attorney might be able to give you a better idea of which has more chance for an approval based on the specifics of your case/hardships.

Here are some attorneys to consider that various folks have used and recommend. Talk to them to see who has most experience with Islamabad.

http://immigrate2us.net/forum/showthread.php?t=889

Keep in mind if you decide to appeal, you have 33 days from the date of the denial (if it was mailed to you) to file the appeal. You can file the I-290B appeal form with the fee to preserve your appeal and then follow it thereafter with a brief in support of the appeal.

This was part of a recent Q&A session with Laurel Scott (visacentral.net) that might be relevant for your situation:

cm21om25: If a waiver is denied for a k3 visa can you do another waiver the I130 interview or do you have to start all over?
Laurel: You should be able to file a new waiver at the I-130 interview.

Thank you all for all your concerns and your help, you guys are wonderful, when you feel you have no where to turn, you guys are always here to help and cheer up, May God Bless you all!!!

Ayesha