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Filed: Other Country: Mexico
Timeline
Posted

Hello,

My husband is emigrating from Mexico, he had a tourist visa and entered and left the US without a problem for years for his job. His problem started when he stayed and decided to work with his tourist visa. He got pulled over for a suspected DUI over the weekend and while he was dealing with that, the police put an immigration hold on him (this happened before we were married) The DUI was thrown out as he was not over the legal limit, but by then he was in deportation proceedings. He missed an appointment with the immigration judge and by that time we were dating and he wanted to stay so for the next few years he lived like an illegal immigrant. He decided he wanted to do things right and so we hired an immigration attorney and he voluntarily deported to Mexico, leaving myself and my daughter in the meantime while the case ran its course. He was worried about going back to jail and not being able to work so he decided it would be best to go home where at least he could work. Due to his overstaying his visa, and misrepresenting his intent when he entered the US, he had a 10 year ban - so when he went to his Visa interview he was denied as expected and instructed on how to complete the waivers for I-601/I-212. We submitted everything with the help of our attorney and after about 9 months and a request for additional evidence, his waiver was approved because I had a ton of evidence to prove hardship. This was in September 2013. He has a follow up visa appointment on Friday and I'm really nervous. We have invested over 3 years (spent apart) and about $20,000 in attorney's fees, travel expenses, Visa/waiver fees, and medical exams. He is taking all the documents the attorney told us, using the existing DS-260 we put together for the first appointment, and is getting a second medical exam. Hopefully I can help in these forums from these experience - also i'm looking for anyone else who has gone through this same process as it's nerve wracking. I feel like within the next few months our lives will change. Either my husband can come back to us in the US, or I'll have to move to Mexico which will result in extreme financial and emotional hardship for myself and my daughter. Any suggestions would be much appreciated.

Thank you!

S

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Fingers crossed for you. You can find folks in similar pickles in the Waivers/AP forum here, and probably also in the Mexico, Latin & South America regional forum. Monitor those forums and chip in when you can.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Other Country: Mexico
Timeline
Posted

Congratulations on the approval! From what I hear once the waiver is approved it's just follow up basic updating information with the interview and medical so I think the hardest part is now over. smile.png

Thank you! It's a relief to hear that, I actually called the NVC to double check on what he needed and they told me he just needs the updated medical, passport, and DS-260. They told me to update the DS-260 with the new passport info since his old one expired, but I tried to go online and do that and reprint it (what he told me to do) but I cannot update the DS-260 since it was already submitted for his last appt. I tried to call the number listed on the DS-260 questions page but its busy!

http://travel.state.gov/visa/immigrants/info/info_3177.html

(603) 334-0700

Going to try to call the NVC back again and see what they can tell me. Bleah

Filed: Other Country: Mexico
Timeline
Posted

My husband was just approved at his interview today! He was told his passport would be sent VIA DHL to his hometown with the visa. It is my understanding he has to enter the US within 6 months and then we can pay the Green card new $165 fee and then that is mailed to us at home in the US. I was a little worried about his passport info changing but not being updated on the DS-260 but he brought his old and new passport so they didn't make an issue of it. FYI for anyone in the future, I learned this the hard way, after a waiver I-601/I-212 is processed and the initial visa application (DS-260) was electronic they automatically send the visa application back to the consulate and you are not able to edit it online unless you make a special request that takes from 3-5 business days to process. Also it was an extra bonus that the letter he got said he needed to pay the interview fee again, however for the follow up he did not get charged.

Posted

My husband was just approved at his interview today! He was told his passport would be sent VIA DHL to his hometown with the visa. It is my understanding he has to enter the US within 6 months and then we can pay the Green card new $165 fee and then that is mailed to us at home in the US. I was a little worried about his passport info changing but not being updated on the DS-260 but he brought his old and new passport so they didn't make an issue of it. FYI for anyone in the future, I learned this the hard way, after a waiver I-601/I-212 is processed and the initial visa application (DS-260) was electronic they automatically send the visa application back to the consulate and you are not able to edit it online unless you make a special request that takes from 3-5 business days to process. Also it was an extra bonus that the letter he got said he needed to pay the interview fee again, however for the follow up he did not get charged.

Congrats good.gif

 

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