jaffar

On 7/3/2019 at 1:06 PM, coubeau said:

Thats great! Glad to hear your process is moving along. Ours is as well. 

 

I am curious how we can schedule the medical appointment for the beneficiary. Is this something they give instructions for during your first interview, or is it something we could go ahead and schedule/complete?

Our process so far : 

June 19 : First emails to embassy. 
June 27 : Emailed a second time stating I hadn't gotten a response and the matter was urgent. Received a reply the same day informing of official process to request direct filing here : https://fr.usembassy.gov/visas/immigrant-visas/family-employment-immigration/foreign-spouses-and-children-of-u-s-citizens/

July 1st : Received email that the request had been sent to USCIS (in Rome I believe) and I had to wait to see if the case would be accepted.

July 1st : Received second email a couple of hours later stating USCIS had accepted our case with a list of documents that would be needed for the first interview at the embassy. The I-30, I-30A, G-325A (with attached passport photos) one for beneficiary and one for petitioner, filing fee, US passport, Acte de marriage and any divorce decrees from previous marriages. They stated they do meetings only twice per month and to contact them when I had gathered our paperwork. Since we had already completed it, I responded immediately and asked for the next available appointment. 

Pending : July 10 : we will have our first appointment at the embassy. 

 

Hi, 
Read your blog  and would like to know further about your DCF filling at US Embassy at Paris, so If possible would you please provide more update on your case.... I know its been awhile, and not sure if US embassy @ Paris will entertain DCF as of now. 

Your update will be appreciated. Thanks !

On 11/30/2018 at 12:09 PM, geowrian said:

Best to contact the Frankfurt embassy and ask them what they will require for DCF. It varies from embassy to embassy, and your case of being a resident under their law may or may not be sufficient for the US embassy.

Thanks a bunch!

5 minutes ago, Mollie09 said:

Are you residing in Germany?

I have a resident permit of Germany for past 10 years .... but my job is based out of U.S and  i have been travelling back and forth quit alot... I do have utility bills and medical insurance to prove that i am currently a resident of Germany..... so I am not sure if that full fills the residency requirement.?

36 minutes ago, NikLR said:

Dcf is filed completely in the country you're living in. For Germany you would send the I-130 packages to the embassy in Frankfurt. 

So i just have to fill out the I-130 forms for my Wife and 2 kids and mail it to the consulate in Frankfurt or do i have to go in person to file  it .... any clue.?

On 11/27/2018 at 4:22 PM, geowrian said:

Agreed - sounds like a permanent bar for misrepresentation, so an I-601 will be needed for an immigrant visa. This would only be possible after interviewing and being determined to be otherwise eligible for the visa.

DCF is an option if you live overseas in Germany. Usually 6 months of residency is required.

 

As for the waiver, I also highly suggest finding a good attorney that deals with misrepresentation waivers.

While not impossible, living overseas with the spouse (as needed for DCF) may make showing the extreme hardship necessary for an I-601 very difficult.

Thanks Georwrian for all your insights,

In order to apply for DCF do you know if I still have to file I-130 in advance (as of now)?

7 minutes ago, Boiler said:

You would need to sponsor them if they wish to move to the US.

since my wife would need a waiver  ... but in regards to my kids do i have to file I-30 in a separate mail for each kid or i can send my kids petition in the same envelope as of my wife? any insight would be helpful. Thanks!

On 11/27/2018 at 7:05 PM, TM92 said:

In the 2012 thread you mentioned that a daughter was born in the US, correct? Also, how many kids not born in the US do you have? Were they born after you became a US citizen, or before? https://fam.state.gov/fam/08fam/08fam030107.html:

The answers to these questions will determine which kids already are US citizens.

yes my elder daughter was born in US but other two were born abroad before i became a citizen, ... do i need to apply for I-130 for them as well or do they qualify for U.S citizenship without filiing I-130. ? 

Thanks all. Dose anyone has any recommendation of a good lawyer who has been know for waiver winner.

15 minutes ago, Mollie09 said:

You're a USC applying for your wife, so the I-130 form for a IR-1 visa.

 

"Honest mistakes" have consequences, ignorance of the law is not an excuse. You should have definitely been more careful after the first denial.

So if i apply for  I-130 for IR-1 visa for my wife can i include my 2 children ages 8 and 12 in the same I-130 or they would need a separate I-130? when i mail them should it be a separate mails or i can include it in one mail to NVC?

20 minutes ago, Mollie09 said:

Best way to find out if she has a ban at this point is to try to apply for a visa and see what they say.

Your post from before was a comedy of errors, with an overstay of a year and a half (!), trying to return on an ESTA after lying on the application (!!!) then doing it again a second time (!!!!!!). Very very likely she has a bar for material misrep that will be really REALLY hard to overcome unless you'd quite literally die without her here, which since she's been gone for a long time doesn't sound like it's the case.

 

 Move to Germany or a third country, it's the only way.

What kind of Visa are you referring too?

By the way for you may be its a series of comedy ..... but in reality these are the honest mistakes of my life which cost me 14 years of separation and pain.

11 minutes ago, NuestraUnion said:

Agreed. Learning a new language is not extremely difficult if your are determined.

 

Living to Germany is by far the simplest and most viable option considering all of the issues involved.

Moving to Germany would be my last option.... I will try my best to get this resolved.

7 minutes ago, NikLR said:

Well the OP will have to move to Germany for at least 6 months to do DCF.  

Yes infact i have a resident permit of Germany since past 10 years so can DCF be any option? 

I would loved to move my self to Germany for good  if language wouldn't be the barrier. 

55 minutes ago, NuestraUnion said:

You have to make sure she doesn't have a misrep bar. Misrep is a permanent ban, not a 10 year ban.

 

If she has a misrep (which sounds like she may since she was caught in a lie and signed off on it) then you will have to go through the process and when she is denied, the officer will let her know if she is eligible for a waiver.

 

I agree, a competent lawyer is needed.

 

But more specifically, why was she denied entry in the first place?

Is there a way to find out what kind of bar she is facing?

she did signed one questioner at the port of entry but she was told by the officer that ask your husband to apply for your Immigrant Visa.  so i am hopping that she is not facing any permanent bar.

16 minutes ago, Roxyneu said:

I think you should consider getting a very good lawyer to consult.

Any recommendation of good lawyer that you known of personally?

Just an update .. I Applied for the amended social security card and got it without any issues. so it proved that there were no denials  after the Naturalization certificate was issue. The email which i received was just a hoax. 

Just an update .. I Applied for the amended social security card and got it without any issues. so it proved that there were no denials  after the Naturalization certificate was issue. The email which i received was just a hoax.

My wife was refused entry to U.S on Aug-2004 for the first time. 

and they put this stamp on her passport :

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

Then she tried to enter second time  in Dec-2004 but she was refused again  and they wrote in her passport like this with pen:

Refused

8 CFR 217.4(a)(1)

and made her sign a written statement in which stated that she lied that she was never been refused entry into the US before. This time they didn't specify any charges except this clause 8 CFR 217.4(a)(1)

The biggest mistake i have ever made is haven't  applied I-130 for my wife till today's date.

As earlier I was a permanent resident and  was told there are no waivers for your wife as she has lied/miss represented herself and she has been barred for 10 years.... and was told the only way she can be eligible for a waiver is if I became a U.S citizen. 

So i just became a U.S citizen and wondering if I can bring my wife and two kids ages 8 and 12 by applying to DCF (Direct consular filing) ... i read about this option at the following location "https://www.visajourney.com/content/compare/"  instead of going through I-130 process..... as its been over 14 years since she was refused.... so even if she was barred for 10 years the bar should have been over now .... correct me if i am wrong…. or dose she still needs a waiver?.

If I have to  apply for I-130 for my wife can I include my 2 kids in the same petition or do I have to file separate I-130 for my kids…. My kids were never been refused or came to U.S.

Can someone give any suggestions or help to this matter ..... thanks in advance.

My wife was refused entry to U.S on Aug-2004 for the first time. 

and they put this stamp on her passport :

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

Then she tried to enter second time  in Dec-2004 but she was refused again they wrote in her passport like this with pen:

Refused

8 CFR 217.4(a)(1)

and made her sign a written statement in which stated that she lied that she was never been refused entry into the US before. This time they didn't specify any charges except this clause 8 CFR 217.4(a)(1)

The biggest mistake i have ever made is not applied I-130 for my wife till todays date.

As earlier I was a permanent resident and  was told there are no waivers for your wife as she has lied/miss represented herself and she has been barred for 10 years.... and was told the only way she can be eligible for a waiver is if I became a U.S citizen. 

So i just became a U.S citizen and wondering if I can bring my wife and two kids ages 8 and 12.....  its been over 14 years since she was refused.... so even if she was barred for 10 years the bar should have been over now .... correct me if i am wrong…. or dose she still needs a waiver?.

If I apply for I-130 for my wife can I include my kids in the same petition or do I have to file separate I-130 for my kids…. My kids were never been refused or came to U.S.

Can someone help me to this matter or have any suggestion ..... thanks in advance.

My situation has changed as I am finally became a US citizen and also since my wife's refusal its been over 14 years... so if she had a bar for 10 years its long over.  My question is if i apply for her I-130 would she still needs a waiver I-601? and if she dose do i have to apply for her waiver along with I-130? how it works?

I have two kids  ages 12 and 8 .... they were born in Germany . ... so do they also need a separate I-130 or  I can include them in my wife's petition. 

any help would be great.

Thanks everyone for all your clarifications it really helped  now i am feeling much better 

28 minutes ago, love_my_wife said:

I don't see anything in the email where you have been asked to take any action. I still find it hard to understand, what worries you. It would have been worrying if the email asked you to take some action!

 

Does the email ask you to take any action or do anything or contact USCIS??? No, right... 

this is what it says in the email "During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision." 

During this step mean on the day of Oath there was a decision made by them ..... so is it (approved or denied) is not confirmed to me yet by either email or mail. 

Obviously there is no action required on my behalf but there should be some reply from them after this email which they send me.

9 hours ago, CarlHamilton said:

What is the problem?

4 hours ago, love_my_wife said:

OP wants to create an imaginary problem for him/herself! May be the USCIS still haunts the OP. He is still not sure even after the Oath and getting his US passport

If you would have read my post carefully you would have understand what my concern actually is. I have asked if there could be any potential problem after all this? The email which they send me after the Oath is troubling me. 

This is what i am trying to find out if anyone received such kind of notification after taking the Oath. Similar as of mine?

Thanks

If you would have read my post carefully you would have understand what my concern actually is. I have asked if there could be any potential problem after all this? The email which they send me after the Oath is troubling me. 

I have received my passport within 2 weeks without expedited. I paid 110$ passport fees plus 35$  postal fee at the post office.

Hope this helps!

Thanks Gnakr for all the clarifications!  your response is very comforting. Soon I will be going to change my status at Social security services and see how it goes. 

Regards,
Jaffar