August 2008 fillers

[maliciant 7]

Hi August filers. My fiance & I also applied for a K-1 last August. I’m currently waiting for an interview with the Montreal consulate. They move pretty slowly and I may have a few more months left to wait. I only recently discovered VJ and it’s a pity because I think it would have made this last year much easier. Anyhow, best of luck to those of you who are still waiting, I don’t think there are many of us left. Also congrats to those of you who are already landed in the US. How wonderful to be reunited with the people you love!

Welcome to the thread, no doubt had you found VJ earlier it would have probably made things easier, and potentially go smoother, but now you know we're here... for next time... (just kidding, hoping no next time is needed for anyone here, I can't imagine repeating this process if things didn't work out).

[ssgtam08 0]

I am getting alot of pm's on Mhay's interview! Anyway here is what happened she went there and the US interview guy was really nice to her and friendly. They had issue with her divorce decree from her previous marriage, She was married before to an american and he divorced her in Oregon. Well on the embassy website and the philippine family code law if a foreigner secures a divorce of a filipino marriage that should be recognized by the philippines......But she still has to file it with the NSO office which we didnt do. So we got a lawyer and what not to get her the cenomar, the right way. It should take about 6 weeks where she lives, but she doesnt have to redo the medical or the interview she basically got apporoved pending cenomar......She said that the filipinos at the embassy consulte were kind of "a-holes" to her like she was waiting for the paperwork and they had a party while she waiting. The american guy who did her interview had to yell at them.

Anyway so its just another 6 weeks or so from now...so I guess we are just immune to waiting now but its ok....Coming here in August is probably better climate adjustment for her anyway!

[Gemmie 142]

It's very quiet in the August thread since most of the chatterboxes are in America.

I wanna come too!

[Chris & Mara 0]

Only one more week for you miss Gemmie!!

Ok time to share what we have learnt.

When we spoke to the lawyer he basically gave us 2 options, appeal our case, me go home and continue the K1 route or appeal our case and then get married and go down AoS. He spoke with a partner yesterday and proceeded to tell Chris whilst we could do option two it would be horrendously ugly in the fact that the likelihood of us being accounted for Visa Fraud would be about 99%, that would end with Chris losing his job, me being deported or jailed. Not really the ideal solution.

So instead we are taking option 1.

This involves the following, we have hired the lawyer on that Chris has been dealing with (luckily for us he is going to do it at a discounted rate because they went to collage together "Frat discount" I believe was his exact words) and will be putting in an appeal this week.

Now this is where it is interesting, before speaking with this lawyer we had no idea what an appeal was, so I am figuring most of you don't either and thus better explain. So basically, we will present all of our information to our Lawyer, when we filed, refiled, what information we have been given/haven't been given etc. He will then package all that up and present it to the US Supreme Court, under the fact that they must present us with timely information which they have failed to do. This step will take 3-4 weeks, and our lawyer is going to push it to go in front of a Judge and only a Judge. I guess its like sueing them for the ####### that they have done, simply with a different outcome.

Our lawyer believes that with the added pressure of the law making them have to answer they will not only find our case, but hopefully process it in the next couple of months. Woot! Though I will be honest and once again I will believe it when I am holding the NOA2 and/or Visa.

In the mean time, I am going to go back to Australia for a month and do somethings I had to get done, and then in the start of August I am going to fly back to the states to visit for hopefully another 3 months. Since I had such an easy time through last time our Lawyer thinks I shouldn't have too much of an issue this time either and so we are going to risk the $1400 to do it.

And that ladies and gentlemen, is the bane of our USCIS existence. At this point, we are also starting to look into Chris having moving to Australia options for 12 months and do it in reverse next year if this fails to work, so needless to say the house hunting has been put on indefinite hold .

Hope everyone has a good day

[Gemmie 142]

Well sounds very positive, Mara. When you go to Australia, you can gather all of the packet 3 documents that you need, right? What if your interview comes in when you're back in the US though? It's really good to know that within a few weeks, you will know! After all of the waiting.

[maliciant 7]

OK, to me it sounds like they gave you the worst case what could happen, I really don't think it's likely to cause all the problems described, I can't say on the lost job thing because I don't know what his job is, marrying a foreigner is not a crime, and it seems awfully hard to call that espionage, otherwise no one in the military could marry foreigners visa or not without losing their job.

The second thing I wonder about is this appeal thing... it seems unlikely that some lawyer is going to know about something that no one else at VJ has ever heard of, maybe it's just that people with competant lawyers never have a reason to find the VJ forums, but I've only ever heard of lawyers coming up with hair brained ideas that don't pan out, has this guy actually done this particular process before (successfully)?

The third thing... supreme court? I don't know much about it, but I was under the impression that to file anything in the supreme court, took something along the lines of an act of congress or a large chunk of money (ie over $10,000)... maybe because this involves a government organization the supreme court is the first step of the legal system, that just seems odd to me though.

Sorry it can't be positive news, I just hope this guy is not going to take you for a ride on the fraternity discount bus, if he's an experienced immigration attorney then I'm probably just being paranoid but if he's practicing some other kind of law and just taking on this case for an old buddy, then I think you'll be dissappointed, poorer and unhappy with the results you achieve (and worse, still at square 1). I hope this mess is finally sorted out for you soon though.

[Chris & Mara 0]

He is a practicing immigration lawyer.

Chris would lose his job if we were convicted of visa fraud because his position requires him to have security clearance, something that would be removed if there was a black mark against his name. So whilst we could do it and risk it, if he is here without a job it really screws us both over. The fact that we have no real evidence that they would accept to prove that this wasn't really planned, and that we couldn't meet the requirements of hardship to file a fraud waiver so this is our best option, other then sit around and wait some more in a hope that maybe someone will just magically hand us a visa.

I may be getting the supreme court thing wrong but then I'm not american so pardon my ignorance on the subject. I simply know that the purpose of this is that it takes USCIS to court to receive the answers that they as a government organization are required by law to give to their citizens. It doesn't mean that they are just going to approve our case it simply means that they will hopefully, actually process it.

As for it being a hair brained scheme I doubt it, his company specializes in immigration and apparently they do this sort of proceeding all the time. Since we are otherwise out of options we are going to take a chance and hope that it pans out in our favor. Not like we have had any luck on any other route.

[Chris & Mara 0]

I feel it would be much easier to be skeptical about the situation from your side of the fence, but over here we are running out of ideas, patience and belief in this system actually working.

Edited June 9, 2009 by Chris & Mara

[Cuchita 1]

Jesus Christ Mara, I feel so bad for your situation, well at least you aren't acting desperate and you know there's always a way to be together!. .

We are waiting for my husband's fingerprints on June 16th , but also I am thinking about the skip interview option and don't know if it would be a good idea to give it a try, he will have to go by himself thou I ran out of days at work. Darn it!

Time is certaily flying

Edited June 9, 2009 by Cuchita

[maliciant 7]

I feel it would be much easier to be skeptical about the situation from your side of the fence, but over here we are running out of ideas, patience and belief in this system actually working.

I understand completely, and I hope it works out. It sounds reasonable and it's definitely better than doing nothing, you've waited far too long already.

[Chris & Mara 0]

Thank you Maliciant, I know your only saying it with our best interests at heart, hopefully this is the right way to go....

[HappyDancer 7]

Brothers and sisters I am back in the loop!!! I am sorry for being MIA there for a while. The net connection here at hubby's is not the best. We live in the country and the net companies have not made it to this part yet.

Anyway, we're tying the know on June 27, 2009. Wish you could all come! LOL

How's everybody? Aaron and I are doing all the wedding preps as much as we can with very little time. My wonderful in-laws are more than helpful with taking care of me and my daughter and helping us through with the wedding and countless other things. I thank God every time. All these are too humbling I can't ask for more.

Oh wait... There is more... AOS, Green card, and all the others!

[Gemmie 142]

We're all hoping for good news for you, Mara. And we'll always keep up with your case, you're still an August filer.

I'm so happy for you, HD. I love seeing your status updates while you're together with Aaron.

Edited June 9, 2009 by Gemmie

[Sparky&Me 0]

Hi August filers. My fiance & I also applied for a K-1 last August. I’m currently waiting for an interview with the Montreal consulate. They move pretty slowly and I may have a few more months left to wait. I only recently discovered VJ and it’s a pity because I think it would have made this last year much easier. Anyhow, best of luck to those of you who are still waiting, I don’t think there are many of us left. Also congrats to those of you who are already landed in the US. How wonderful to be reunited with the people you love!

Welcome to the thread, no doubt had you found VJ earlier it would have probably made things easier, and potentially go smoother, but now you know we're here... for next time... (just kidding, hoping no next time is needed for anyone here, I can't imagine repeating this process if things didn't work out).

Indeed, once was enough! If there’s a problem he’s going to have to adjust to life in Canada (not a big stretch there though).

Chris & Mara I’m so sorry to see your timeline. After all that time they ought to take a new I-129 from you and process it the next day - not after a few more months. Maybe with the added pressure on them for some transparency that will happen. I hope you get some answers soon!

[Chris & Mara 0]

Hi August filers. My fiance & I also applied for a K-1 last August. I’m currently waiting for an interview with the Montreal consulate. They move pretty slowly and I may have a few more months left to wait. I only recently discovered VJ and it’s a pity because I think it would have made this last year much easier. Anyhow, best of luck to those of you who are still waiting, I don’t think there are many of us left. Also congrats to those of you who are already landed in the US. How wonderful to be reunited with the people you love!

Welcome to the thread, no doubt had you found VJ earlier it would have probably made things easier, and potentially go smoother, but now you know we're here... for next time... (just kidding, hoping no next time is needed for anyone here, I can't imagine repeating this process if things didn't work out).

Indeed, once was enough! If there’s a problem he’s going to have to adjust to life in Canada (not a big stretch there though).

Chris & Mara I’m so sorry to see your timeline. After all that time they ought to take a new I-129 from you and process it the next day - not after a few more months. Maybe with the added pressure on them for some transparency that will happen. I hope you get some answers soon!

Nothing like sueing a government organization to make you feel like you have reached the bottom of the barrel lol.