Keep Hope Alive

[ravis 0]

Hello to all the members,

I have been reading and have been educating myself from all your postings and different situations. I sincerely appreciate for taking the time to read my situation and steer me in the right direction. I will do my best to explain my situation:

1)aCame to US in 1985 on F1 visa:

2)Converted to H1 from 87 onwards

3)Lost my job in 1989.

4)Been out of status since then.

5)Applied for labor certification and got approved, but employer went out of business.

6)Applied for 245(i)from a different employer and apply for labor certification.

7)Have been working to support myself all along using my SSN and paying taxes.

8)Got married in 2004 and applied for work permit(EAD) since spouse was on H1 visa and her labor certification was approved.

9)Applied -485, Advance Parole. Advance and EAD was approved, I-485 was pending since dates were not current.

10)Voluntarily left US with advance parole and work permit in 2006 while I-485 was pending and moved to NZ.

11)Spouse and I applied for consular processing in 2007 since she is the primary beneficiary.(I-824 was approved but the file got lost and never reached NVC.)

12)Moved to Canada in 2009.

13)Spouse refiled for I-824 and was approved.

14)File has finally reached NVC.

My situation is,when the NVC send us the forms to file for further processing, should my spouse go ahead and file for consular interview for herself, since i have to declare that i was out of status for so many years that I am barred from entering for 10years or should i file the papers along with my spouse and hopefully get an interview, and at that point the consular officer will advice me to apply for waiver. I do not want to jeopardize this last chance for my spouse to get her green card because of my past.

I sincerely look forward to your insights and advice.

Thanks and regards.

[Used to be broken 147]

Hello to all the members,

I have been reading and have been educating myself from all your postings and different situations. I sincerely appreciate for taking the time to read my situation and steer me in the right direction. I will do my best to explain my situation:

1)aCame to US in 1985 on F1 visa:

2)Converted to H1 from 87 onwards

3)Lost my job in 1989.

4)Been out of status since then.

5)Applied for labor certification and got approved, but employer went out of business.

6)Applied for 245(i)from a different employer and apply for labor certification.

7)Have been working to support myself all along using my SSN and paying taxes.

8)Got married in 2004 and applied for work permit(EAD) since spouse was on H1 visa and her labor certification was approved.

9)Applied -485, Advance Parole. Advance and EAD was approved, I-485 was pending since dates were not current.

10)Voluntarily left US with advance parole and work permit in 2006 while I-485 was pending and moved to NZ.

11)Spouse and I applied for consular processing in 2007 since she is the primary beneficiary.(I-824 was approved but the file got lost and never reached NVC.)

12)Moved to Canada in 2009.

13)Spouse refiled for I-824 and was approved.

14)File has finally reached NVC.

My situation is,when the NVC send us the forms to file for further processing, should my spouse go ahead and file for consular interview for herself, since i have to declare that i was out of status for so many years that I am barred from entering for 10years or should i file the papers along with my spouse and hopefully get an interview, and at that point the consular officer will advice me to apply for waiver. I do not want to jeopardize this last chance for my spouse to get her green card because of my past.

I sincerely look forward to your insights and advice.

Thanks and regards.

Well since you are married she will have to put your name on the applications where the biographical information is. Not sure about how //if it will effect her process. You will require waiver either way, so the longer you wait the longer you will live separated.

You might want to ask attorney if the thinks this will throw wrench in the works.

[ravis 0]

Well since you are married she will have to put your name on the applications where the biographical information is. Not sure about how //if it will effect her process. You will require waiver either way, so the longer you wait the longer you will live separated.

You might want to ask attorney if the thinks this will throw wrench in the works.

Hello,

Thanks for your input. My understanding is, i cannot file for a waiver unless i am asked to come for an interview and at that point, visa is denied and I am asked to file for a waiver. Am i correct?

Thank you

[Used to be broken 147]

Hello,

Thanks for your input. My understanding is, i cannot file for a waiver unless i am asked to come for an interview and at that point, visa is denied and I am asked to file for a waiver. Am i correct?

Thank you

yes that is the process. She files I130, you go to embassy after NVC sets appointment for you then get turned down and then turn in the waiver if they find you are qualified for one

[ravis 0]

yes that is the process. She files I130, you go to embassy after NVC sets appointment for you then get turned down and then turn in the waiver if they find you are qualified for one

Hello,

Thanks for the immediate reply and clarifying my concern. We are still in the NVC stage for my wife, I will keep you updated.

Regards,

[Boiler 45,666]

You have no qualifying petitioner that I can see.

[Used to be broken 147]

You have no qualifying petitioner that I can see.

oops.. your wife is not citizen yet? rescind my previous comments

[momof1 205]

ooops ....LPR spouses and parents ARE qualifying relatives for the purpose of a waiver as well.

The qualifying relativs are:

LPR spouse or parent

USC spouse or parent

K visa petitioner

and for some inadmissibilities LPR/USC child

The only difference between being petitioned by a LPR is that you have to wait longer for a visa number to become available in most situations. As long as a number is available, a LPR's spouse can file a waiver.

This link will give the qualifying relative by inadmissibility

http://www.uscis.gov/files/form/i-601instr.pdf

[ravis 0]

ooops ....LPR spouses and parents ARE qualifying relatives for the purpose of a waiver as well.

The qualifying relativs are:

LPR spouse or parent

USC spouse or parent

K visa petitioner

and for some inadmissibilities LPR/USC child

The only difference between being petitioned by a LPR is that you have to wait longer for a visa number to become available in most situations. As long as a number is available, a LPR's spouse can file a waiver.

This link will give the qualifying relative by inadmissibility

http://www.uscis.gov/files/form/i-601instr.pdf

Hello,

Thanks for taking the time to read my case and for the link. From what i gather, I should be filing under F2A.

[Boiler 45,666]

Hello,

Thanks for taking the time to read my case and for the link. From what i gather, I should be filing under F2A.

That would be it.

More correctly your spouse would file, not you.

Be aware that it is going to be a tough case showing extreme hardship to her when she has only recently immigrated and is not even a Citizen etc.

I saw this situation on another board but do not know how it panned through.

www.immigrate2us.net