Jump to content
JennChristo

Making my Attorney Appointment

24 posts in this topic

Recommended Posts

I've found an attorney to start our process. My husband and I met in February (he lives in the DR, I live in the US). I visited 3-4 more times with work, moved there for 3 months, and got married in October.

 

We're starting off with some red flags, he overstayed on an ESTA Visa before, and had a very small amount of legal trouble while here (not charged with anything). He also had cancer this year (remission now) but I heard that could be an issue.

 

I have 100+ pictures of he and I, him with my cousin, me with his family, etc.

 

Any other tips? 

 

I'm so worried it'll never get approved : /

Share this post


Link to post
Share on other sites

So a 10 year ban, what is his Nationality?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I would think file the I-130 yourself and then after the interview they will tell you to get / file the waiver.  You can hire an attorney for that if you are feeling overwhelmed. 

 

The  I-130 is pretty straight forward.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

Share this post


Link to post
Share on other sites

Wow that's tough. Good to know his cancer is in remission. That's a 10 year ban right out of the gate. Getting an attorney was the right move. He will probably suggest you file a waiver, unless you have some extenuating circumstances it will be a tough slog to get that approved. You must keep positive because nothing is impossible, but also be grounded with the realities.

 

The cancer could be used against him as a public charge disqualification because of high treatment costs but depending on the kind of cancer etc, your attorney could shoot that down with an explanation that the probability of recurrence is low. I hope your attorney is the kind who will be honest with you and not lead you on spending money when the prognosis for success is not looking good.

 

I am also considering doing the 3 month visit to DR starting in February to get more FaceTime. I just returned last week from a three week visit.

 

Best wishes and positive energy your way and remember you cannot win if you don't play. If it costs some money, so be it. It is only money after all.

Edited by PaulTheSheik

 

 

Citizen of the World!

Share this post


Link to post
Share on other sites
27 minutes ago, JennChristo said:

He has dual citizenship, both Dominican and Greek

Ahh now I remember.

 

So about 15 months for what will be a IR1 and then another 12 months for the I 601.  The criminal aspect may add complications but it is the same waiver.

 

Most likely to be an issue of time and money.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

The cancer portion shouldn't be an issue for the public charge component. What they would look at are out of pocket costs associated with care. Assuming he can either pay for or obtain insurance to cover the regular scans, doctor visits, adjuvant chemo (if any), etc., then I wouldn't anticipate an issue.

If the beneficiary was a parent instead and not of working age or history, then the above may or may not apply.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
3 hours ago, PaulTheSheik said:

Wow that's tough. Good to know his cancer is in remission. That's a 10 year ban right out of the gate. Getting an attorney was the right move. He will probably suggest you file a waiver, unless you have some extenuating circumstances it will be a tough slog to get that approved. You must keep positive because nothing is impossible, but also be grounded with the realities.

 

The cancer could be used against him as a public charge disqualification because of high treatment costs but depending on the kind of cancer etc, your attorney could shoot that down with an explanation that the probability of recurrence is low. I hope your attorney is the kind who will be honest with you and not lead you on spending money when the prognosis for success is not looking good.

 

I am also considering doing the 3 month visit to DR starting in February to get more FaceTime. I just returned last week from a three week visit.

 

Best wishes and positive energy your way and remember you cannot win if you don't play. If it costs some money, so be it. It is only money after all.

You should do it! And thanks man, because you ready can't win if you don't play. That's the sort of positivity I like to hear :)

 

best wishes to you, also!

Share this post


Link to post
Share on other sites
16 minutes ago, JennChristo said:

I know it's a dumb question, but it's not IMPOSSIBLE to overcome the 10 year ban, right? 

 

I have things to prove hardship, but I'm not certain they're... Hard enough. 

Many people obtain an I-601. A good presentation does go a long way here as well...that's where an attorney would come in handy.

Note that the waiver only comes into play after one is deemed otherwise eligible for the visa. So this would be after the interview and everything else checks out fine. Only then can the I-601 come into play. So you have plenty of time (at least 12-15+ months) to figure things out on the waiver.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Agree, some waivers are easier to put together than others but presentation is important.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

It is a package and of course, many specialise in Waivers.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×