I will give up......

[edward toro 3]

Hello. Ok a short story so you can see what I'm talking about.

My wife came to the States back in 2000 when she was 15. Her mother applied for asylum. The asylum was pending until 06 when her mother decided that it was safe to go back to her country. She asked for voluntary departure for her and her daughter. The dead line was 08/02/2006. My wife was my girlfriend since high school so we decided to not wait anymore and get married. on 06/23/06 we applied for "a motion to reopen" before the voluntary departure dead line (08/02/2006) her mother left before the dead line but my wife stayed since we were waiting on the Motion to Reopen. In the last week of October immigration went to our apartment looking for my wife. We told them that she didn't leave because we were waiting on the motion to reopen. They took her to one of their offices and they let her go on the same day in the afternoon around (6:30pm). They gave her a new dead line 11/3/2006 (about 15 days) to left the United States. She left b4 the dead line. Some years latter, we applied for the I-130 (we were waiting for me to become a U.S citizen) The I-130 was approved and we had a sign in failed at NVC last week.

We have a 17 months old baby boy and he was approved also at USCIS. He's almost done at the NVC (I send the DS230 just waiting for sign in failed)

oh one more thing. I did an InfoPass about a year ago regarding my wife's status (deported or not deported) The officer she was very very very nice with me she said the only thing I see is a voluntary departure on her record. (She mention that she checked in both of her systems)

and also FYI we applied for a tourist visa for her (you know the worst that could happened was a denied tourist visa) and the consular officer took a lot of time with us he ask me if our I-130 was approved already- which by that time it was still pending- and he reviewed a lot of thing in his computer. He went to the talk to other officers few times and after an unusual long interview for a tourist visa he said that the he couldn't give as a visa at that time but that we could try again with a different officer those were his words. He didn't mention anything regarding deportation or waivers.

So with all this information I think you can give me a better answer to my problem.

Do I need a wavier. If so, I'll take the waiver with me at the embassy interview next month but how does it work ? they will ask me for the waiver right at the interview and the will take a decision the same day ? Someone told my that it usually take ONE YEAR !!!!

Please help me with this. If it's going to take ONE YEAR OR MORE I think I better move to her country to be with my wife and our baby. I will just give up

Thank you

Edited January 11, 2010 by edward toro

[emt103c 10]

I don't understand what you mean "sign in failed."

They probably didn't give you the tourist visa because of the US PR link and the old asylum application. . .often they will not issue tourist visas if they assume someone has immigrant intent, which obviously she does. That is probably why she was denied the tourist visa.

If the CO is truthful and your story accurate, then probably she will not need a waiver, however, you need to do a consultation with an EXPERIENCED attorney so that they can review all aspects of your case. . .things we cannot see or evaluate. Since you had court cases and applications pending, there will probably be no illegal presence, but we cannot make that determination like an attorney can.

Laurel Scott would be a good one to consult about this case.

[edward toro 3]

I don't understand what you mean "sign in failed."

They probably didn't give you the tourist visa because of the US PR link and the old asylum application. . .often they will not issue tourist visas if they assume someone has immigrant intent, which obviously she does. That is probably why she was denied the tourist visa.

If the CO is truthful and your story accurate, then probably she will not need a waiver, however, you need to do a consultation with an EXPERIENCED attorney so that they can review all aspects of your case. . .things we cannot see or evaluate. Since you had court cases and applications pending, there will probably be no illegal presence, but we cannot make that determination like an attorney can.

Laurel Scott would be a good one to consult about this case.

Thank you for your answer. Ok I have all her immigration documents. She was never without status. I did a very detail "time line" and she applied for asylum with in legal tourist status. then the motion to reopen was filed and stamp by USCIS before the voluntary departure dead line.

by the way. I learned here in VJ that when you are trying to log in at the NVC payment site and you get a message that says "sign in failed" is because your case is about to be complete.

[Bocajr27 3]

Thank you for your answer. Ok I have all her immigration documents. She was never without status. I did a very detail "time line" and she applied for asylum with in legal tourist status. then the motion to reopen was filed and stamp by USCIS before the voluntary departure dead line.

by the way. I learned here in VJ that when you are trying to log in at the NVC payment site and you get a message that says "sign in failed" is because your case is about to be complete.

Hello there my friend;

OK. My wife and I went through something similar. My wife also had requested asylum and it was denied. Now we had a choice to either appeal the judge’s decision or to leave before the 30 days were up so that I (the US Citizen) can claim her as my wife on a CR-1 visa.

We did it and were very lucky. We filed our papers on February 3rd 2009 and she received her visa on October 7th 2009 (9 months later). Now, let me be clear on something, we were very lucky. We did not have a lawyer but thanks to this and other immigration sites we were very informed as to what the process would entail.

We had our interview on July 9th 2009 and were placed on AP (administrative processing). Thirty days later, after contacting the embassy on a weekly basis, we were given an answer that my wife was eligible for the visa BUT we needed an approved Waiver I-212 from the local USCIS office that handled her departure BEFORE they would issue her the visa.

I did just that and a few days after I filed the I-212, I received the automated letter stating that this usually takes a year to process and that I should contact them a year from that day. Obviously I didn’t do that. I did an info pass and went there to request an expedite of the I-212 due to health conditions of our (US Born) son suffers from respiratory problems. I sat there for 3 hours and spoke with 3 supervisors and 1 officer and walked out of that office with the approved I-212.

Now, I do not think your wife will need an I-601 waiver, but I do think she will require the I-212. Please be prepared to fight, but before you do, have all of your ducks in a row. What I mean is, make sure you have all the correct information about your wife’s case. DO NOT ASSUME ANYTHING!! If you do everything by the letter of the law, you should be OK. Just be patient and be ready. I would not recommend you leaving the US to live in Colombia. On the contrary, try to stick it out and save as much as possible.

I wish you the best of luck

[Darnell 8,478]

So, both casefiles are at NVC, right? doing NVC processing, ya?

When the I-130's are finished, it'll be sent down to the embassy, and then a medical exam is needed, then there is the interview itself.

I don't think you'll need a waiver, at this point, because it was 'voluntary departure' - even if 'under orders' - is ok - because was tied to asylum case, and not a deportation hearing.

I suggest you call NVC Hotline, Get a Human and inquire about the status of BOTH cases. Ideally, you want both interviews on both days at the Embassy..

Then - Call the DOS hotline, Get a Human, inquire about the status of yer wife's casefile.

You can prep the waiver paperwork, sure, but be certain you understand WHY she needs a waiver (I don't think she needs a waiver, at this point ).

[Darnell 8,478]

any news?

[TracyTN 237]

I really think you could benefit greatly from a consultation with an experienced immigration attorney. Personally I wouldn't have bothered with the 'motion to reopen' and just would have submitted an I 130/I 485 on the basis of your marriage. But that genie is out of the bottle now, and you need to fix it somehow.

I'm not sure those of us on here have enough advanced knowledge of the system to give you the correct answers - and I'm sure this isn't something you want to take a risk on.