Denied.

[Chaidhary01 1]

My name is Melissa.  My husband and I have been together since December 2013. Married 3 years this past July. We have 2 children. Mallory is 9 and in everyday is Haresh's daughter. He is the only father figure in her life.  Her sperm donor did not want her. She calls Haresh daddy and says he is the best dad in the world. We also have a 1 year old son,  Arjun. 

 

Now our son has a serious medical condition, he's already had surgery once, when he was 6 weeks old. He is due to have another surgery to correct his kidney problems, untangle the urethra tube from around his kidney, cut the extra urethra tube coming from his kidney and resculpt in his bladder where there is excess tissue causing blockages and infections. He has a urologist and is scheduled for surgery in the upcoming month. 

 

We initially had our interview for them to tell is they cannot do the interview at that time due to the fingerprints were done in USA instead of India. So we had o reschedule for the next week. Our lawyer even had no idea of the fingerprint issue. 

 

So we came back to do the interview the following week. My husband was called and they checked him in for the interview with the consulate of Mumbai. We then returned to our seat. After waiting nearly 4 hours, they called us to the counter. The consulate had a very poor attitude with us. He swore my husband in and then told me I had to leave. 

 

Mind you they had everything.  Over 100 photos of us with our kids,  family,  wedding,  reception, goofing off, just being a normal family. They had bank and credit card statements. Lease agreements of 3 years. Letters from us,  friends, my family, maybe 20 or so. My dad is our cosponsor. Receipts of all our bills, water, electric, car, insurance, rent, internet. All of our legal documents, birth cert, marriage license, all the receipts for nvc, uscis, lawyer..

 

Now we are currently stuck in India. My job will not wait forever, Mallory has school that started 4 weeks ago. My bills are still due while I am here. 

 

As for the consulates questions, he asked. When did you meet your wife?  When did you get married?  Where does your wife work? When did you say you got married?  You were together for only 6 months before you got married? (he seemed stunned and closed the window and was gone for around 5 minutes) How did you go to USA? What boarder did you cross?  When did you cross? (he then proceeded to the pictures we brought. 100. He pulled two out.) Who is this? (referring to my dad) then came to a picture of our kids with his sister.) Who is this? (he explained that is his sister) Then the consulate asked,  why is this picture in here? Does she live in USA? (no) he then left his desk for another 5minutes! He came back and asked about money, he said that my job is not enough to support the family. And asked Haresh if he works. He said no because he does not have a green card. But he tries to find landscaping jobs and when he can't he comes to my job and helps me stocking coolers and taking our trash(I run a store)..he then left again. And during the interview he just steadily typed on his computer. He came back and handed my husband papers at which time I went to his window. I asked what's wrong and he said we are lacking evidence, I don't make enough money(hello that's what my dad cosponsored us for) and I explained about our sons condition and Mallory's school and work and money and bills and he said "while I sympathize with your son needing surgery, I can't do anything at this time we need more evidence" I asked what kind you have everything. He said pictures(i just handed you 100 how many more do you need?) messages back and forth with each other. (facebook? You want read the hey. Love you be home soon. Hey what are you doing? Been busy TTYL. I'm hungry will you get me a sandwich from town.) As if they are even going to read them, look at what he did with our pictures. Flip through like a moving cartoon flip book...  

 

we have all the supporting documents on hand that they had given back to us and we are going to resubmit them as per his request... but if we are denied again I just don't know what to do. my kids without their father. how can I afford daycare on top of bills we have and without his little bit of income from landscaping and such.. I feel like I have been screwed over because the consulate officer we talked to was having a shitty day.. maybe someone pissed in his chi that morning so he wanted to piss all over our life.. well thanks MUMBAI US EMBASSY. I understand you have to be strict because of fake marriages. but maybe he should have talked to both of us instead of being a buttface to us. maybe he should have taken the time to view the pictures,documents,our chemistry together.. I am heartbroken over what happened yesterday... 

[Auds 223]

Your husband worked illegally in the US

 

others on here would be able to tell you if that's a ground for denial.  I believe so.

 

do you have red flags are you much older?

[Auds 223]

Did your husband also overstay in the US?

 

 

what was the reason and initial time frame of visiting?  Maybe they feel - he came with the intention of finding someone to marry...

[Chaidhary01 1]

Our lawyer is the one who said to tell them about his landscaping To Help out with bills and helping me at my job with heavy things. Being as I was pregnant the assistance was much helpful. 

 

 

No there is not a large age gap.  I am 29 he is 34. As for him coming illegally to USA we got the forgiveness waiver for staying in the country. I found out after a month of talking to him, about his illegal entry.  I know what he did was wrong by coming here, but look at all we have gained. We love each other, our daughter has a father to look up to. We now have a son. I just hope a piece of paper does not ruin our lives...

[Lemonslice 4,553]

How long was he in the USA?  When you say illegal entry, do you mean jumping the border, using someone else's passport? 

[Unlockable 7,306]

Will need more details about his illegal activity.We are trying to help you. Seems like he not only worked (and forget about any excuse about why he was working because the fact that he was working here illegally can still be used against him) but he may have entered the US illegally also? When you say illegal entry how did he enter? Did he sneak over the border? Use fraudulent documents? Did he have a previous visitor visa that he overstayed or did he literally enter the US without any visa.These details are important.

 

Best to find out what exactly was the reason for denial.

 

If he, in fact, did enter without inspection (entered illegally by not having an official visa) then you will have a whole 'nother issue you will have to deal with. Here is the hardest thing you will have to do. You will have to remove all of those arguments about your son needing surgery, you being pregnant, everything you have built, and him not being a criminal. Because as you have already have seen immigration will not take that into account. If he broke the law, he broke the law and that is all they will see. Otherwise, every immigrant who entered illegally will have a bleeding heart story and no one will be held accountable for their actions.Remember, the officer was doing his job and following the rules of the law.

 

Now this is very important. This DOES NOT mean he will never be able to immigrate to the US. It simply means it will take more time (and unfortunately more money) by filing things like waivers. If your husband does have a history of illegal entry and working illegally you should have a talk with your lawyer on possible waivers you can file.

 

The other side of this is that if your husband entered the US with a official visa like a visitor visa or student visa then things will be a little easier for you. Will still take some time but can be done. Refer to your lawyer.

 

Another option is to possibly appeal. I will allow more experience VJers will have to tell you whether or how to go forward with that.

 

The problem  now is that he is outside of the US. And unfortunately whether you refile again , appeal, or go for a waiver you husband will not be coming to the US anytime soon. You should seek to take care of your son as much as you can. This is an unfortunate situation for you but with preseverance and patience you can get through it.

 

Good luck to you. 

Edited September 13, 2017 by NuestraUnion

[Boiler 43,426]

Sounds like a I 601A, but agree with only part of the story who knows.

[f f 725]

I 601A is if you are in the us still I 601 if you are out of country.

 

also if he tries to reenter without a waver approved and visa in hand he will get a permanent bar that you have to wait 10 years before you can file a waver for.

 

[Sandra G. 5,016]

Folks she said he had the waiver approved. Probably he  entered without inspection (illegay entry) because of this he had to return to India to attend the interview,but the waiver was approved already before he left.

 

Who entered without inspection cannot adjust status in the U.S.The person has to file  the waiver in the U.S and  oncethe waiver is  approved the person  must attend the interview abroad.

[f f 725]

39 minutes ago, sandranj said:

Folks she said he had the waiver approved. Probably he  entered without inspection (illegay entry) because of this he had to return to India to attend the interview,but the waiver was approved already before he left.

 

Who entered without inspection cannot adjust status in the U.S.The person has to file  the waiver in the U.S and  oncethe waiver is  approved the person  must attend the interview abroad.

agreed but would that same waver cover illegal work? or remove the bars for illegal presence also? or does the waver just cover the illegal entry? and the other issues would need thier own waver to be filed.

[MaryLu19 10]

Illegal work  does not make him inadmissible. Does he have a criminal record? Tattoos? Drugs?  Did he pass his medical?  Use papers of USC ?  Any DUIs? Anything else that could make him inadmissible?  Did the CO say that he needs another waiver?  

Edited September 13, 2017 by MaryLu19

[Sandra G. 5,016]

1 hour ago, f f said:

agreed but would that same waver cover illegal work? or remove the bars for illegal presence also? or does the waver just cover the illegal entry? and the other issues would need thier own waver to be filed.

The  l601A waiver covers EWI (Entered without inspection) and unlawful presence. He doesn't need a waiver because he worked without a work pernit. 

[f f 725]

1 hour ago, sandranj said:

He doesn't need a waiver because he worked without a work pernit. 

this is tripping me up. since that would mean they do not care if he worked illegally and there is no downside to working without authorization.

[Lemonslice 4,553]

1 hour ago, f f said:

this is tripping me up. since that would mean they do not care if he worked illegally and there is no downside to working without authorization.

Penalties are mostly for the employers.

[Boiler 43,426]

8 minutes ago, Lemonslice said:

Penalties are mostly for the employers.

If caught.