I CANT STAND IT HERE ANY MORE

[Sergi9 110]

Okay, I guess illnesses are not ideal... It is a difficult situation and I hope you find a solution. That is why even though I have friends who are "illegal" I would NEVER date a person in such a situation because I would know the impossibility of fixing their legal situation. I mean, it is true that the mind does not rule over the heart but I would never get into such a troubled relationship if I could help it. Darn! It has been long and expensive enough as it is trying to deal with the process the legal way! Best wishes to you, your husband, and your daughter.

Wow, kick a little salt into the wound would you?

Just a reminder most of the folks in the I601 forum have been married longer than K visa folks have even known each other, and just another reminder processing an I601 is "the legal way" to bring a family member here so you can dismount your horse now.

Lengthy marriages and US Citizen children are involved in these relationships.

I am not sure the folks in this forum appreciate your "coulda, shoulda, woulda judgement's".

These people met in person in unique circumstances, and then courted fell in love and married the old school way via introduction from mutual friends, work associates or social encounters.

Maybe we think think things like "wow I would never bring a total stranger I met online that I know nothing about home to meet my family", for after all you could be importing a virtual person and total stranger with the tremendous potential things could go badly. And as a matter of fact you have no collateral evidence of the persons life or character before you bring them here other than some paperwork they have created for the K process. So perhaps the "risk" factor in the K relationship is even higher than the i601 situations where the immigration process has gone awry.

BUT largely and graciously we restrain ourselves from going over to the K forum to kick salt in the wounds when these relationships unravel, which happens about once a week from my unofficial statistics.

Good luck with your K process hopefully you will not end up in our AP forum to extend your "lengthy and expensive process"... goodness what are the top waiting times over there now ... 5 months? How you suffer.

Edited March 5, 2011 by Sergi9

[Boiler 43,622]

I read it and it seems self explanatory.

It sounds like you do not have a Lawyer, and whilst some people can DIY I do not feel this is one.

I am not sure if you are serious about emigrating, if so that would depend on your qualifications and job skills. Canada seems a popular alternate.

[BellaRose 7]

I was thinking more along the lines of New Zealand or Australia, since he has family in these countries. We get extra qualifying "points" if we have family members there. I mean that is in the works and is our part 2 of plan A. It's very hard to live apart. But I'm not selfish either and he has three other children in the U.S. that I hope he can see again one day.

I understand that I may be put into this generic catagory of find an "illegal" immigrant but not every situation is the same. I never looked for the broken winged bird persay. We met here, he was working, had a social, driver's license had a B2 visa not expired until 2011. We even didnt get married until a year after he moved in with me because I didnt see the "need" to marry him for paperwork. We have a daughter together who is turning 3 next week. And yes we've been together almost four years and it takes an extremely strong relationship to handle seperation for this long and not give up. He left to see his mother when she became sick (with advice from an immigration lawyer and Samoan embassy that he was ok to travel). Now because we were given wrong information we have encountered tons of problems.

But guess what...WE AREN'T DENIED YET!!!!! So there is still hope. And I will reunite my family in some country but it is not fair to his other children not to see him again. They visited us regularly and had became very attached to me and had a strong bond with his father. He's suffered enough and my poor husband nor did I see what legal mess we were in until August 2010.

And if you guys didnt hear I went throught the reafirmation process all by myself without a lawyer. Yes I understand I need one now because I cant handle a court motion/waiver of appearance.Thats too legal for me.

I have an appointment to see a criminal/immigration officer thursday so he will help me with both situations.

O and thanks for that FOIA advice I didnt know you could request past documentation because he has non of his previous paperwork only a stamp in his passport and the b2 visa.

Thanks guys so much because honestly the consulate hasnt answered any of my questions.

OOOOOOOO DOES ANYONE KNOW WHO HOLDS ON TO MY CASE. DOES IT STAY AT THE CONSULATE LEVEL OR DO THEY SEND IT BACK TO THE US. THEY HAVENT TOLD ME THAT EITHER OR HOW LONG I HAVE TO AQUIRE THE MISSING INFORMATION.

[BellaRose 7]

By the way, I am finishing my Associates Degree in Airport Management in May and should be a Certified Professional Air Traffic Controller by mid next year. I could work in Canada under the US government but I'm not sure if that gets me a family visa for my husband. That should be good enough for new zealand bc i have management job experience as well. I'm not worried about moving to another country and yes I'm serious about emmigrating. I statred reaserching when we were first denied in 2009 when I started my schooling in hopes to get enough qualifying points for my family.

[Boiler 43,622]

I just looked back over your previous few posts. Came across:

Drugs

Illegal presence

Outstanding Felony CIMT Prosecution in NY

The latter seems the biggest issue, it would most likely also prevent immigration to any other country.

You need not one but two lawyers. Does he have a lawyer working on the criminal case?

[BellaRose 7]

I just looked back over your previous few posts. Came across:

Drugs

Illegal presence

Outstanding Felony CIMT Prosecution in NY

The latter seems the biggest issue, it would most likely also prevent immigration to any other country.

You need not one but two lawyers. Does he have a lawyer working on the criminal case?

Yes the criminal proceedings are not an issue. As bad as it seems on paper, we really have an open and shut case with a plea bargain of a class b misdemeanor and we have a lawyer now to file the waiver of appearance as per the previous advice given by a fellow vjer. There are no drug charges just the felony assault case that is the issue.

My main focus now is whether or not my husband is considered deported and what to do to resolve that issue with a motion they said. Still trying to get a clear answer from the consulate.

Also I want to know where case goes now. Does the consulate keep our case. All I received was this email and no further instructions from them.

[Boiler 43,622]

Did the Lawyer advise on the Immigration implications of a plea bargain?

I am pretty certain it is a CIMT. They go by what he could have served not what was awarded.

If he had a GC it would be enough to get him deported.

[BellaRose 7]

They need a final disposition of the criminal court case they can't deport him based on charges. Only convictions can be deemed inadmissible and even then we are allowed a waiver. We most likely will not need the waiver for the court case only the overstay needs a waiver if we can get a waiver of appearance on the criminal charges.

[Myopia 93]

By the way, I am finishing my Associates Degree in Airport Management in May and should be a Certified Professional Air Traffic Controller by mid next year. I could work in Canada under the US government but I'm not sure if that gets me a family visa for my husband. That should be good enough for new zealand bc i have management job experience as well. I'm not worried about moving to another country and yes I'm serious about emmigrating. I statred reaserching when we were first denied in 2009 when I started my schooling in hopes to get enough qualifying points for my family.

I got a lot of respect for you. Dealing with this and the ATC course and a child to boot. Im sending you all my best wishes!

[Boiler 43,622]

I have a horrible feeling that you are missing salient issues.

Let us know what the Criminal and Immigration Lawyers say.

[Sergi9 110]

Yes the criminal proceedings are not an issue. As bad as it seems on paper, we really have an open and shut case with a plea bargain of a class b misdemeanor and we have a lawyer now to file the waiver of appearance as per the previous advice given by a fellow vjer. There are no drug charges just the felony assault case that is the issue.

My main focus now is whether or not my husband is considered deported and what to do to resolve that issue with a motion they said. Still trying to get a clear answer from the consulate.

Also I want to know where case goes now. Does the consulate keep our case. All I received was this email and no further instructions from them.

"If he can provide more information about his immigration proceedings (aka, whether or not he has been ordered removed)" is the answer the consulate is looking for as well as disposition of his criminal case, before they can determine if he is eligible for the waiver. (be prepared for another legal roadblock with that determination) ...

I have heard here in this forum the consulate hangs on to the paperwork for about a year. But you can let them know you are working on it and ask them not to return it to USCIS in the states.

[Boiler 43,622]

http://scottimmigration.net/

She does a weekly free chat, at least get some comment.

Where do they adjudicate waivers for Samoa?

[BellaRose 7]

Our case is at the New Zealand Consulate currently.....and our waiver (if we ever get there) should be going to the Manila Philipines consulate.

That holding paperwork for a year is AMAZING!!! I thought they would slam me with the 30 day thing like they did with my action to deny/reaffirmation process.

About the Air Traffic Control and the child situation. I have no clue how the hell I'm doing it. On top of the immigration paperwork....I basically don't sleep(ex I was up until 5 am this morning doing a paper after my daughter fell asleep, woke up at 730 am to go to a class, came home brought my daughter to dance, then took a 1 and half hour nap, ate dinner, and now I'm back on the computer worrying about getting my husband somewhere that I can live with him at 12:40 am after watching Crossing Over and having my nightly cry). But I have my husband motivating me to push myself through school so we can have a better life in the future because it is now my sole responsibility to figure out how to provide for my family since he left. I'm finishing two semesters early because I've been taking 18 credit semesters and I took 15 credits over the 8 week summer semester. Still hold a 3.95 and rank in the top of the ATCTI program in my school.

That was the first time someone gave me recognition for handling such a mess so thank you...I needed that, All my family asks...is why am I tired all the time...I'm just too tired to respond so they don't fully understand. LOL. At least my extreme hardship waiver was 140 pages of a piece of cake lmao...it only took me two weeks to put it together (plus a 9 page hardship letter and another 10 pages of what may not be submitted in regards to the criminal convictions that he probably wont get)

When all this is done with I just want to look back at my life of where I am now as if it were a nightmare that I woke up from...I'm sure many on this site would agree or else you wouldn't be here helping others make it through this hell after you already finished your own process.

[TBoneTX 43,290]

make it through this hell

Keep the faith, si man.

[Luckywife2007 6]

Our case is at the New Zealand Consulate currently.....and our waiver (if we ever get there) should be going to the Manila Philipines consulate.

That holding paperwork for a year is AMAZING!!! I thought they would slam me with the 30 day thing like they did with my action to deny/reaffirmation process.

About the Air Traffic Control and the child situation. I have no clue how the hell I'm doing it. On top of the immigration paperwork....I basically don't sleep(ex I was up until 5 am this morning doing a paper after my daughter fell asleep, woke up at 730 am to go to a class, came home brought my daughter to dance, then took a 1 and half hour nap, ate dinner, and now I'm back on the computer worrying about getting my husband somewhere that I can live with him at 12:40 am after watching Crossing Over and having my nightly cry). But I have my husband motivating me to push myself through school so we can have a better life in the future because it is now my sole responsibility to figure out how to provide for my family since he left. I'm finishing two semesters early because I've been taking 18 credit semesters and I took 15 credits over the 8 week summer semester. Still hold a 3.95 and rank in the top of the ATCTI program in my school.

That was the first time someone gave me recognition for handling such a mess so thank you...I needed that, All my family asks...is why am I tired all the time...I'm just too tired to respond so they don't fully understand. LOL. At least my extreme hardship waiver was 140 pages of a piece of cake lmao...it only took me two weeks to put it together (plus a 9 page hardship letter and another 10 pages of what may not be submitted in regards to the criminal convictions that he probably wont get)

When all this is done with I just want to look back at my life of where I am now as if it were a nightmare that I woke up from...I'm sure many on this site would agree or else you wouldn't be here helping others make it through this hell after you already finished your own process.

bellarose

I don't have any help to offer or knowledge of what to do and how to help, BUT

I can say that you are a good person, Wife and Mother and have endured and overcame more than most could/would ! You are definitely and AMERICAN WOMAN... hear me ROAR!!!!

I wish YOU all the best in this process and GOD BLESS the 3 of you!

P.S. DO not let the other people get you down with their judgmental words or attitude... you are only doing what you know is right and ALL ALONE I MAY ADD!