10 Year Ban

[Sergi9 110]

As noted, K3's rarely happen anymore. They are a leftover from a time when I-130's took a lot longer than I-129F's, and the K3 was seen as a way of leveling the playing field between spousal and fiancee visas. These days, I-130's and I-129F's are usually approved at the same time. When NVC get's both approved petitions from USCIS it's practice now is to administratively close the I-129F, and just forward the I-130 to the consulate. This means a CR1 visa, by default. File the I-130 for the CR1. Don't bother with the I-129F for the K3.

She can submit the I-601 waiver application to the consulate after the visa is denied, usually at the same interview. The decision on the waiver will not be made the same day. It will take a few weeks at best, and more likely a couple of months.

They are changing the procedures for the I601 filings, by the time OP's wife has interview at Consulate they will probably have instituted new system of lock box filing. Not sure exactly when this is going to begin but it has been announced for the end of this year.

Each Embassy has a different way of handling the post-denial process, which is why I suspect they are going to the lock box filing system in addition to the cost savings of overseas adjudicators.

The closest thing to same day adjudication is the pilot program in CDJ which may be affected by this, but OP is filing from Honduras.

[Used to be broken 143]

"The first time you decided to do an end-run around the system you made the situation bad.

Why not stop trying to game the system and attempt the Hardship Waiver?"

Finger wagging, what is this kindergarten? I was not hostile to the OP, I was simply "matter of fact"-ly with him.

You're right that Laurel Scott isn't the "only game in town" for I-601 Waivers but she does specialize in I-601, EWI and Central America all of which are relevant to the OP's case. He indicated that he has already tanked one I-601 filing, I would say it's time to stop going about it DIY and get a professional involved. How is pointing him in a good direction running him off?

I did notice that while you knock my suggestion (who does participate in free chats) you have failed to offer the lawyer you think is better (and cheaper) for Central American EWI I-601 Waivers so where is your help in this post?

Yeah sure telling someone that has been living separated from his wife and kid since 2006 that he made the situation bad is news to him, and extremely helpful. I always feel warm and fuzzy after someone tells me I screwed up first thing when I go to ask for help.

So after the snarky comment you tell him to GO to another forum? No your right it doesn't sound like you are running him off.

I'm not a huge fan fan of I2us.net The research links are all over the map, many are dated and broken and its a hodgepodge of information much of it is not even immigration related and to boot its organized in a way that makes it pretty difficult to navigate.

As for Laurel Scott she does specialize in Waivers with the majority of her cases in South America mostly Mexico because 80% of all waivers originate there. She has a good gig going there with I2us.net pushing her a client base. Personally I would rather be one of a handful of waiver clients in a practice that is staffed appropriately for the volume of cases being handled. Several of Scott's staff have announced they are going on leave and not coming back so she is handling a boatload of cases right now. And then there is the price....close to 10k which is pretty steep.

I suggested starting with the research before selecting an attorney so OP has an understanding of what the Waiver Laws are and the Hardship standard is. An informed client can make decisions based on their understanding of the requirements and the law and start to gather evidence and supporting documents etc.

More often than not, if a Waiver Forum isn't run off in the first 24 hours on VJ I PM them privately to offer suggestions.

Its my feeling that dealing with a waiver case is stressful enough without the I told you so's.

To me its kind of like walking up to a victim of a car crash bleeding to death and saying "I told you not to drive on that side of the road", just hand over the tourniquet or step out of the way and let someone else apply it.

I do believe a consult with a qualified Immigration Attorney who has experience with approved waiver cases is in order before filing any more paperwork, but again, understanding what the law is will help with the consult.

[belinda63 2,981]

Water under the bridge everyone. We have all made mistakes, the important thing is did we learn from them?

Your spouse has zero chance of every obtaining a non-immigrant visa to the US. Even if she did not have the 10 year ban the fact that she entered here illegally with the express purpose of giving birth to a child which appears to be to gain the child US citizenship and now she has a US citizen spouse and child and has previously been denied an immigrant visa. Add it all up and it means she will never get a visitor's visa.

That said, best thing to do is consult with several immigration attorneys who specialize in waivers and be 100% honest with them. Some will feed you a line just to get your money, go for the one who will outline the steps needed, a realistic timeline, and the chances of success. You have a long, expensive road ahead of you but with an experienced attorney you have a good chance of success.

[Used to be broken 143]

Water under the bridge everyone. We have all made mistakes, the important thing is did we learn from them?

Your spouse has zero chance of every obtaining a non-immigrant visa to the US. Even if she did not have the 10 year ban the fact that she entered here illegally with the express purpose of giving birth to a child which appears to be to gain the child US citizenship and now she has a US citizen spouse and child and has previously been denied an immigrant visa. Add it all up and it means she will never get a visitor's visa.

That said, best thing to do is consult with several immigration attorneys who specialize in waivers and be 100% honest with them. Some will feed you a line just to get your money, go for the one who will outline the steps needed, a realistic timeline, and the chances of success. You have a long, expensive road ahead of you but with an experienced attorney you have a good chance of success.

[signstorm 0]

I would like to thank everybody for their imput in this matter and let you know that I will be contacting an attorney here in Honduras.

The only question that I would like to have answered now is: Since (one) I-160 was denied, do I pay $500 for another or make an Addendum to the original? I know the lawyer can answer this, but we live 7 hours away from the city where the immigration attorneys are.

Thanks again

Signstorm

[katiemanny 64]

I would like to thank everybody for their imput in this matter and let you know that I will be contacting an attorney here in Honduras.

The only question that I would like to have answered now is: Since (one) I-160 was denied, do I pay $500 for another or make an Addendum to the original? I know the lawyer can answer this, but we live 7 hours away from the city where the immigration attorneys are.

Thanks again

Signstorm

I suggest you consult with an Immigration Attorney that's a US Citizen has done waivers for US Citizen before, Attorneys abroad can give mislead information and make things even worst. Your case has to do with US Immigration Law so hire someone who practices law within the US or with the experience.

[Used to be broken 143]

I would like to thank everybody for their imput in this matter and let you know that I will be contacting an attorney here in Honduras.

The only question that I would like to have answered now is: Since (one) I-160 was denied, do I pay $500 for another or make an Addendum to the original? I know the lawyer can answer this, but we live 7 hours away from the city where the immigration attorneys are.

Thanks again

Signstorm

First its an I601, sounds like you already filed an I130 and have it approved. So if you have had an I601 denied then you will be "re-filing". The problem is there is not a procedure established for getting them the I601 refiled without going through the Embassy interview again. The I130 remains active but its hard to get another appointment to drop off the I601. You are going to have to sort this out. Might want to Contact USCIS ombudsman directly and see if they can help you figure out a way to submit the I601 for the second time, contact the Embassy if possible and ask them.. good luck some are very non-responsive. You can look on the internet and find the address of the USCIS office that adjudicates Honduras Waivers and call them directly and see if they will help you.

http://honduras.usembassy.gov/dhs-uscis.html

I concur with advice on attorney unless there is a US Immigration Attorney in Honduras, they should be AILA member and have approved waiver experience. Its easy to work with US Attorney on this no matter where located via Skype , long distance phone and internet.

Good luck

[john_and_marlene 162]

If you are currently residing in Honduras, it may be difficult to prove a hardship to be united with your wife in the U.S.

[JimVaPhuong 4,863]

They are changing the procedures for the I601 filings, by the time OP's wife has interview at Consulate they will probably have instituted new system of lock box filing. Not sure exactly when this is going to begin but it has been announced for the end of this year.

Each Embassy has a different way of handling the post-denial process, which is why I suspect they are going to the lock box filing system in addition to the cost savings of overseas adjudicators.

The closest thing to same day adjudication is the pilot program in CDJ which may be affected by this, but OP is filing from Honduras.

Can you point to more information on this subject? I saw the update issued by USCIS in January of this year that describes the transition to using the lockbox facility for I-601's, but that update says it only affects I-601's filed in-country. It says I-601's filed outside the US will still be submitted through the consulate. There was a policy update regarding expedite requests for I-601's filed outside the US that was issued in May, but that update still describes the process as having the I-601 submitted to the consulate, which is then forwarded to a USCIS service center for adjudication.

Are you saying that I-601's for beneficiaries outside the US will need to be submitted to the lockbox rather than the consulate?

[Deputy Purple 1,294]

The first time you decided to do an end-run around the system you made the situation bad.

Why not stop trying to game the system and attempt the Hardship Waiver?

Yeah sure telling someone that has been living separated from his wife and kid since 2006 that he made the situation bad is news to him, and extremely helpful. I always feel warm and fuzzy after someone tells me I screwed up first thing when I go to ask for help.

Because it isn't like he was thinking of trying another end-run around the system was it? Seriously that's what you consider being hostile towards the OP?

So after the snarky comment you tell him to GO to another forum? No your right it doesn't sound like you are running him off.

If someone came to me asking for help repairing their car I would most certainly tell them they'd be better off going to someone else who is actually an auto-mechanic, I guess that's running them off also?

VJ is a general Immigration Forum where I-601 waivers are merely a sub-forum (like the regional forums). It is pretty obvious that the OP is at a point where they need to think carefully about their next steps and in the 3 years I've been in the "Immigration Universe" VJ has not been the place to go for I-601 Waivers from Central America (where Mexico & Honduras are, not South America) with EWI & Illegal presence ban.

On the other hand I2US has a reputation of being the clearing house for exactly that type of case. I would be remiss if I didn't recommend her look there.

I'm not a huge fan fan of I2us.net The research links are all over the map, many are dated and broken and its a hodgepodge of information much of it is not even immigration related and to boot its organized in a way that makes it pretty difficult to navigate.

Well that is certainly news to me, I've never heard anything but glowing reviews of them but then again I don't live in the I-601 Waivers world.

As for Laurel Scott she does specialize in Waivers with the majority of her cases in South CENTRAL America mostly Mexico because 80% of all waivers originate there. She has a good gig going there with I2us.net pushing her a client base. Personally I would rather be one of a handful of waiver clients in a practice that is staffed appropriately for the volume of cases being handled. Several of Scott's staff have announced they are going on leave and not coming back so she is handling a boatload of cases right now. And then there is the price....close to 10k which is pretty steep.

Personally if I needed an I-601 Waiver I would prefer to hire someone who focuses their practice on the waivers as a specialist will always have insights that a generalist never will. It's the same reason I would never use a family law attorney for immigration purposes or an immigration lawyer for a divorce case. As for her volume, I'd say look a jiffy lube. I'd never trust them to work on my engine but they can get my oil changed faster than any other shop can even get my car on the rack!

I suggested starting with the research before selecting an attorney so OP has an understanding of what the Waiver Laws are and the Hardship standard is. An informed client can make decisions based on their understanding of the requirements and the law and start to gather evidence and supporting documents etc.

Did I ever tell the OP to hire LS? No, I simply pointed him the I2US and LS's free chats. Anyone who hires a professional to do any job without doing some research is making a mistake.

More often than not, if a Waiver Forum isn't run off in the first 24 hours on VJ I PM them privately to offer suggestions.

Maybe you need to stop PMing them and post in the threads. If you think VJ can have a better I-601 sub-forum than I2US then you are exactly the type of VJ member who can help build it. I would be very happy to recommend someone in this situation seek out you or another VJ member who has shown they are a valuable resource and asset to the I-601 community in lieu of sending them elsewhere. In the end I will always recommend what I honestly believe is in the OP's best interest.

While there are times when a PM is best unfortunately the content of the PM is only helpful to a single recipient and doesn't live beyond their delete button.

Its my feeling that dealing with a waiver case is stressful enough without the I told you so's. To me its kind of like walking up to a victim of a car crash bleeding to death and saying "I told you not to drive on that side of the road", just hand over the tourniquet or step out of the way and let someone else apply it.

I agree and would never say "I told you so" and that isn't what I did here. I basically said that trying to do an end-run around the system originally is what caused his current problems and continuing with that thinking will only make the situation worse. I honestly think he needed to hear that. The comparison to a life or death situation is really unfair and designed to vilify me in a situation that is much less severe. It's more like a kid is jumping his bike of a shoddy ramp and crashes scrapping up his elbow. Sure I'd help the kid up but I wouldn't coddle him as he's cursing either the ramp or his bike. I'd look at him and say well now neither the nor the ramp decided for you that it was a good idea to jump one with the other, you are the only one to blame for your scrapped elbow. So in short I would ask you to please help build VJ's I-601 Waiver sub-forum into something that surpasses I2US...

Edited September 15, 2011 by Bob 4 Anna

[Used to be broken 143]

Can you point to more information on this subject? I saw the update issued by USCIS in January of this year that describes the transition to using the lockbox facility for I-601's, but that update says it only affects I-601's filed in-country. It says I-601's filed outside the US will still be submitted through the consulate. There was a policy update regarding expedite requests for I-601's filed outside the US that was issued in May, but that update still describes the process as having the I-601 submitted to the consulate, which is then forwarded to a USCIS service center for adjudication.

Are you saying that I-601's for beneficiaries outside the US will need to be submitted to the lockbox rather than the consulate?

Yes, it has not been rolled out yet, but been discussed in stake holder meetings since middle of this summer. There is no official start date yet but in the meetings November was pegged as potential start date.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2565618036c40310VgnVCM100000082ca60aRCRD&vgnextchannel=994f81c52aa38210VgnVCM100000082ca60aRCRD

[Used to be broken 143]

in the 3 years I've been in the "Immigration Universe" VJ has not been the place to go for I-601 Waivers from Central America (where Mexico & Honduras are, not South America) with EWI & Illegal presence ban.[/size]

On the other hand I2US has a reputation of being the clearing house for exactly that type of case. I would be remiss if I didn't recommend her look there.

Well that is certainly news to me, I've never heard anything but glowing reviews of them but then again I don't live in the I-601 Waivers world.

Maybe you need to stop PMing them and post in the threads. If you think VJ can have a better I-601 sub-forum than I2US then you are exactly the type of VJ member who can help build it. I would be very happy to recommend someone in this situation seek out you or another VJ member who has shown they are a valuable resource and asset to the I-601 community in lieu of sending them elsewhere. In the end I will always recommend what I honestly believe is in the OP's best interest.

While there are times when a PM is best unfortunately the content of the PM is only helpful to a single recipient and doesn't live beyond their delete button.

Sure I'd help the kid up but I wouldn't coddle him as he's cursing either the ramp or his bike. I'd look at him and say well now neither the nor the ramp decided for you that it was a good idea to jump one with the other, you are the only one to blame for your scrapped elbow. So in short I would ask you to please help build VJ's I-601 Waiver sub-forum into something that surpasses I2US...

The problem IMHO of building a better I601 sub-forum on VJ is again in my opinion the superior attitude of many not all VJ members who have done it the "right way", and when an I601 posting ends up in another forum as it so frequently does, the the gang of righteous VISA filers piles on. So in that sense i2us.net has a huge advantage because they police that stuff religiously.

I don't believe in coddling and I am not the warmest or fuzziest poster but my PM's reach out to people in a more personal way, that is often needed in the I601 context. People in the I601 dilemma are not criminals or bad people and they are not gaming the system and more often than you might think got into hot water for lack of knowledge or confusion about Immigration Law or are victims of parents who put them in this situation. Not everyone is comfortable "putting it all out there", and each case is unique and different in the approach and when I see someone floundering in the process I try to provide a little morale support in a PM or a prod in the right direction in terms of an attorney referral. I provide more than enough general inquiry answers that are publicly visible.

I think you can see from some of the comments on my profile and the research links that I have created, that I have tried to elevate the quality of the I601 forum here. I2us.net serves a purpose but there is a huge gap in the area's of the world it specializes in. It also tends to cater to a large amount of people who are not researching but excessively posting non-immigration related crapola that clutters the interface and makes it difficult to navigate. Someone who reads the research links here from start to finish should have a good handle on the hardship standard when they finish reading.

The key to success is not yapping incessantly with other people in the same boat its researching the hardship standard and applying the law to your own case and preparing a winning packet. It is also recognizing when you are in over your head and have a case that needs a specialist.

[calibob 73]

The problem IMHO of building a better I601 sub-forum on VJ is again in my opinion the superior attitude of many not all VJ members who have done it the "right way", and when an I601 posting ends up in another forum as it so frequently does, the the gang of righteous VISA filers piles on. So in that sense i2us.net has a huge advantage because they police that stuff religiously.

I don't believe in coddling and I am not the warmest or fuzziest poster but my PM's reach out to people in a more personal way, that is often needed in the I601 context. People in the I601 dilemma are not criminals or bad people and they are not gaming the system and more often than you might think got into hot water for lack of knowledge or confusion about Immigration Law or are victims of parents who put them in this situation. Not everyone is comfortable "putting it all out there", and each case is unique and different in the approach and when I see someone floundering in the process I try to provide a little morale support in a PM or a prod in the right direction in terms of an attorney referral. I provide more than enough general inquiry answers that are publicly visible.

I think you can see from some of the comments on my profile and the research links that I have created, that I have tried to elevate the quality of the I601 forum here. I2us.net serves a purpose but there is a huge gap in the area's of the world it specializes in. It also tends to cater to a large amount of people who are not researching but excessively posting non-immigration related crapola that clutters the interface and makes it difficult to navigate. Someone who reads the research links here from start to finish should have a good handle on the hardship standard when they finish reading.

The key to success is not yapping incessantly with other people in the same boat its researching the hardship standard and applying the law to your own case and preparing a winning packet. It is also recognizing when you are in over your head and have a case that needs a specialist.

Well put......this site is and has been so helpful and this 601/212 site is coming along nicely but still lacks in that some of the thread contributers take things / comments personally, get caught up in some infighting and leave the OP swinging in the wind. As a consumer of this thread/forum I appreciate the diverse answers and well thought out information that most give but it gets confusing when those who post on your topic start infighting about this or that. Please let the past be and treat every case on it's merits as one size doesn't fit all, especially in this forum.

Sorry for the rant but the information that you all hold is so, so very important so please remember why we're here......to help others through the journey.

Bob

Edited September 16, 2011 by calibob

[Deputy Purple 1,294]

The problem IMHO of building a better I601 sub-forum on VJ is again in my opinion the superior attitude of many not all VJ members who have done it the "right way", and when an I601 posting ends up in another forum as it so frequently does, the the gang of righteous VISA filers piles on. So in that sense i2us.net has a huge advantage because they police that stuff religiously.

That's a very valid point. I've seen the same thing when people post about AOS from VWP or Tourist Visas. I'm not a fan of either and I will point out the pitfalls (such as being sure they weren't pulled into secondary and set-up for Material Misrep is they try to AOS) but since there is a legal path I will point them in the right direction. Too many VJ Members just yell "YOU MUST RETURN HOME AND GO THROUGH CONSULAR PROCESSING" which is wrong.

Maybe VJ could get a moderator involved to better protect misplaced Waiver threads and even clean them up once they're moved to eliminate the "Hater" posts.

I don't believe in coddling and I am not the warmest or fuzziest poster but my PM's reach out to people in a more personal way, that is often needed in the I601 context. People in the I601 dilemma are not criminals or bad people and they are not gaming the system and more often than you might think got into hot water for lack of knowledge or confusion about Immigration Law or are victims of parents who put them in this situation. Not everyone is comfortable "putting it all out there", and each case is unique and different in the approach and when I see someone floundering in the process I try to provide a little morale support in a PM or a prod in the right direction in terms of an attorney referral. I provide more than enough general inquiry answers that are publicly visible.

I don't treat them like criminals but I also don't tolerate it if they whine and complain that it's not their fault they are in the current dilemma. I honestly believe the first step towards "getting it fixed" is to accept responsibility for your past mistakes and act accordingly otherwise everything they do will be tainted with the "I'm a victim vibe" including their Hardship Letter. I don't see that as helpful to their case at all. In the cases where the parents created their problem then acknowledging that and moving forward is a very powerful thing. The past can't be changed but it can be overcome.

I think you can see from some of the comments on my profile and the research links that I have created, that I have tried to elevate the quality of the I601 forum here. I2us.net serves a purpose but there is a huge gap in the area's of the world it specializes in. It also tends to cater to a large amount of people who are not researching but excessively posting non-immigration related crapola that clutters the interface and makes it difficult to navigate. Someone who reads the research links here from start to finish should have a good handle on the hardship standard when they finish reading.

It sounds like you've got a decent start, maybe with a little Moderator help (as I mentioned above) you'd have the boost you need to take it to the next level.

The key to success is not yapping incessantly with other people in the same boat its researching the hardship standard and applying the law to your own case and preparing a winning packet. It is also recognizing when you are in over your head and have a case that needs a specialist.

I couldn't agree more with this statement.

Edited September 16, 2011 by Bob 4 Anna

[Sergi9 110]

Well put......this site is and has been so helpful and this 601/212 site is coming along nicely but still lacks in that some of the thread contributers take things / comments personally, get caught up in some infighting and leave the OP swinging in the wind. As a consumer of this thread/forum I appreciate the diverse answers and well thought out information that most give but it gets confusing when those who post on your topic start infighting about this or that.

Sorry for the rant but the information that you all hold is so, so very important so please remember why we're here......to help others through the journey.

Bob

Part of that is because of the tendency for people with no i601 experience or knowledge jumping into the thread parroting the 2 cents they heard somewhere else that is completely wrong in the I601 context. I know you will always have that in any forum but its particularly problematic here in I601/221g.