Quick Question

[WaitinforHubby3yr 0]

Hey Guys,

To get my story you can read my signature. So the Embassy (in Barbados) received the updated I-864 and hardship letter (HSL) that they wanted on Tuesday (2/15/2011). I was under the impression that the I-160 waiver and HSL are then sent to the USCIS in the Dominican Republic (since they have jurisdiction over Dominica and all the neighboring islands). is this right or is it the consular at the Embassy in Barbados that reviews the waiver and decides its approval or rejection?

[WaitinforHubby3yr 0]

I'm kinda hoping it's the embassy!

[Sergi9 110]

Hey Guys,

To get my story you can read my signature. So the Embassy (in Barbados) received the updated I-864 and hardship letter (HSL) that they wanted on Tuesday (2/15/2011). I was under the impression that the I-160 waiver and HSL are then sent to the USCIS in the Dominican Republic (since they have jurisdiction over Dominica and all the neighboring islands). is this right or is it the consular at the Embassy in Barbados that reviews the waiver and decides its approval or rejection?

Thats correct. It may take some time for it to get there and then depending on how many they have in the que, a bit more time for them to actually adjudicate it. When its approved they will notify the Embassy and they will contact you to come in for the VISA, if denied they send a denial notice.

Please clarify how long spouse overstay was, if over 180 but less than a year it might not be 10 year bar bare

Edited February 18, 2011 by Sergi9

[WaitinforHubby3yr 0]

Thats correct. It may take some time for it to get there and then depending on how many they have in the que, a bit more time for them to actually adjudicate it. When its approved they will notify the Embassy and they will contact you to come in for the VISA, if denied they send a denial notice.

Please clarify how long spouse overstay was, if over 180 but less than a year it might not be 10 year bar bare

Hi it was actually more than a year so it's the 10 year ban. I emailed the embassy today and they said that it goes to Department of Homeland Security. They actually said today that they needed $40 from us because the waiver fee has increased from when we initially submitted the waiver to them. They then stated that the case would be complete and it would be sent to DHS for APPROVAL.

They didn't say a decision would be made. They actually said APPROVAL. Should I be getting my hopes up?

[Sergi9 110]

Hi it was actually more than a year so it's the 10 year ban. I emailed the embassy today and they said that it goes to Department of Homeland Security. They actually said today that they needed $40 from us because the waiver fee has increased from when we initially submitted the waiver to them. They then stated that the case would be complete and it would be sent to DHS for APPROVAL.

They didn't say a decision would be made. They actually said APPROVAL. Should I be getting my hopes up?

I think certainly if the Embassy liked you they could "recommend" approval, but the decision is up to USCIS.

I did have a caution when I read your post, did you file a well documented packet with evidence of extreme hardship or did you simply fill out the form and submit a letter with it?

Its a legal proceeding you have to prove your case to get an approval.

Otherwise with no aggravating factors in the case other than overstay, a well documented case could be approved.

[WaitinforHubby3yr 0]

I had lots of supporting evidence. Talked about financial hardships emotional education deprivation and effect seperation has had on my son and i already. Attached lots of evidence backing up everything i said. Since my son has been born in jan 2009. Weve only seen hubby 4 weeks total due to high cost to travel. We submittted the four weeks of memories we have together.