Eliezer y Wendy

Oh here is an update in case any new members are seeking for answers on impossible cases. My fiance has her VISA ON HAND and I'm going on a quick trip to go pick her up next week.

After the interview and other administrative process we were requested to file the I-601 and I-212 waivers. They were approved with no RFE.

THANKS GOD FOR THIS VICTORY AND THE OTHER ONES TO COME!

Thanks. This site really cover so much on this whole process.

Thanks Dave. We were planing on changing her name right after marriage, as the k1 follow chart sugests. Wouldn't it be too much to change name onto her GC if we do it after?

Thanks again.

So some of you might remember our case. We were almost there and we had to take the detour of the waivers. Well, wavers got approved and we've have sent the passport, new medical exam and the other documents they needed to continue processing.

I was wondering what would be the first step once my fiance enters U.S. again. As I stated, she had a valid Social Security Number (and still have the card). Would she need to apply for a new one? I've read the instructions for SSN and it's says to wait about two weeks after entering to apply for a SSN. Does anybody has any previous experience like this or any thoughts to help us prepare.

Thanks again VJ members!

Congrats!! We are almost there too! She has her medical this coming Friday.

**UPDATE***

So after all this long the waivers for my fiance were recently approved. We filled them on May 21, and were approved on December 19. It was a long detour, but we are now back with our hope to be back together soon.

Thanks every one!

Also, and this is just a thought, but why not get married and file the I-130? I mean, I know that you went through the fiance process, but it is true that it's harder to prove hardship to prove extreme hardship to the USC when the USC is not an immediate relative. They do take that into consideration when reviewing the waivers. I understand that there may be reasons you don't want to get married yet, but it's definitely something we were advised to do since we knew we'd need a waiver.

And yes, waivers are taking much longer than the 4-5 months that USCIS has as a target. Heck, we got an RFE notice, but never received the actual letter and today I received a text saying we're back in initial review. Our case is from July 2013.

WOuld you really recomend to re-petition with I-130? I don't know if this helps with the waivers but we have a son and might have another on the way. I guess it could be a good idea to refile since the waivers are going to take about the same time it will take for the I-130. Well the I-130 might be approved a little sooner, but they might be a little close.

So is that really a secure option to file the waivers and marry and file an I-130 while waivers processes?

I started and signed up with my lawyer to prepare and file the waivers. He wanted me to go the I-130 route from the beginning, but he didn't mention about forgetting the I-129 and refiling the other. I know my attorney will be open to any suggestion I may have and he would tell me what he think it's best. So I would like to know about cases that have had a hard time with waivers for a fiance and if anybody have had to just marry and refile.

Thanks again.

Oh wow. To think that we were so close, and now these waivers. This is going to sound crazy but we wanted to have another baby and we aimed for it. We are just giving the time to find out since on our first interview all we needed was the co-sponsor.

So what happens here now? The approved I-129F expires next month. Would it need an extension or what's the process now that we have these waivers?

Thanks.

You should be good then. Especially if you had these assets on 2013, not just this year. They focused more on 2013 than my current income.

Good luck!

Its best minors leave at 17.5 yrs and waivers are NO longer taking 6 mths its more

Are you saying waivers are taking MORE than 6 months??

I to am having trouble with the Guatemalan Embassy, I made enough, but for some reason they still asked for another sponsorship, but my lawyer thinks that I was just at the bar, not above, so we updated all the information and added my assets...My case is also in the hands of god, February 25th is our new interview date.. :/ Im praying, but this time I will be present with him, so I am hoping I can assure them that everything will be ok..and I will take care of every thing. good luck .

I wish you the best in God's hands. I would consider bringing a back up sponsor on form I-864 that would qualify with the 2013 tax year. I currently make way more than the requirement, but last year I didn't make the same. Better be safe I'd say.

I see. I'm glad I on this forum and appreciate all the advice. I notice you specifically suggest a waiver attorney. I've been working with James Martin who has helped my case very much. He told me from the beginning (three years ago) that we should be expecting and preparing for two waivers, and that's exactly what happened. Does "waivers attorneys" have an extra qualification/degree for these type of cases over a regular immigration attorney? Here is his website in case you want to take a look at it: http://www.jgmimmigration.com/ . The most important thing about James is that he has gained my trust.

Thanks very much for the advice.

Yeah here is where they had some confusion on their status here in the U.S. They were actually denied way before 2010. I will need to ask her again, but I think the asylum was denied after they renewed the work authorization for the second time. What they did was to appeal, and continued to renew the work authorization. Since the work authorization was always approved, they thought they had a legal status here. Crazy thing, but yeah. I don't know if it was a miss communication between their lawyer or what, but to her family they were ok by renewing their status here every year. The way they were thinking was that they were appealing so they don't take that work authorization from them. How ever it happened or what ever was going on, it was very confused to them that every time they sent the papers to renew their work authorization card it always returned approved. Until the last one on 2010 was denied to her father. We choose not to try to renew it since we thought her's would be denied as well.

Thanks God on her last interview they gave her a paper that says that she es already eligible to file both waivers. She told me she saw many other cases that were not eligible at all, and other had to wait even up to 10m years to be eligible to file the waivers.

Thanks again. This is a very complicated case and hard to put all the pieces together since she can't really remember much of what was going on.

Explain what you mean by child and valid work permit. What class of visa where her parents on and when did she leave ( at what age ? )

She was brought here when she was almost 11 years old. Not sure if that changes anything, but at that age she was under her parents commands. They entered illegally, running from danger on Guatemala. Her father was in the military and refused to participate in some kind of movement that threatened to kill him and his family. I don't know the details on this, but he applied for Political Asylum the same year they entered. While that was processing, they all qualified to have Work Authorization Card, Social Security Number/Card, and even driver licenses. They had to renew these work authorization cards every year. On 2010 her dad was denied when he tried to renew it for 2011. He was picked up from work by deportation officers. They then called Wendy (my fiance) to go report in person. When we went to report in person as they requested, her 2010 work authorization card was still valid. It expired towards the end of October 2010, and she left on January 2011. She was 22 years old when she went back to her country.

She is calling the embassy tomorrow morning to see if they would explain whats the period they are giving the ban for being illegal for a year or more. This week I'll have a meeting with our attorney to start working on these waivers. I really appreciate all the help and advice here and want to continue to know what you guys know from your experiences.

Thanks again.

thanks all for the input. There is something we don't understand and it's the 212(a)(9)(B)(II) for being ilegal in the U.S. for a year or more. She was brought by her parents as a child in 2000, and received valid social security and work permit a few months after. Not after a year. After that her family renewed the work permit timely on every year for 10 consecutive years. She left about about two months after her last work permit expired. So where is that "one year or more" of being illegal in the U.S.? They said they researched with USCIS and found she had these two bans. We brought all original work authorization cards except for two that were missing. For one of them we have the confirmation letter from USCIS that they received the application.

I'm wondering if that's what they are calling the one year or more of being illegal here. I really thought it was just a "pay these waivers and you should be good" type of thing. Do i need to extend the NOA2? How do I do this? I don't even know where to start... =(

Oh, another thing. I bought her the departing ticket and she left on her own. We reported in person as requested by deportation officers and she was left to leave on her on. Unfortunately, Spirit Airlines cannot find me the receipt for that flight that I only have the confirmation number printed in the boarding pass. The boarding pass has kind of whited out since it was so long ago.

i really appreciate the help. Thanks everyone. I'm just so sad that I thought I was so close to have my family back with me, and now this.

Case continues in God's hands.

My fiance was told that she need two waivers: I-601 and I-212. The grounds are Section 212(a)(9)(A)(ii) and Section 212(a)(9)(B)(II). Thanks God in the paper also says she is already eligible to file both waivers. She was told these waivers can take up to 6 months to process, and I'm concern that our NOA2 expires on March 24. That's next month.

I really don't know where to begging with these waivers alone, and I don't even know if I would need to extend my approved petition. I'm hoping some one can point me in the right direction. Would she also need to bring new police records and any other document that might expire by the time the waiver is adjudicated? What about the medical exam? Does it expires?

Thanks God for this website. I really hope some one can give me some advice on how I should go with this whole waiver thing. I see that many consider that these forms should be prepared by an attorney, and some have done it themselves. I really don't know what to do I'd really appreciate any help and advice on all this.

Thanks again.

So my fiance went to this second interview, but she was not asked any question. She was told that they researched with USCIS and found out she needs to pay to waivers: I-601 and I-212.

I only hope this is the last missing piece to put my family together.

Thanks again.

Yeah we are very unsure of what they want to ask, and it was such a short notice for me to buy a flight again to be there with her. I can't just ask for another time off to my employers right now.

I really hope it turns our ok. I hope they don't stress about the two years requirement. Hopefully it is just very simple questions they forgot to ask on our first intervew.

Thanks again.

I believe the complications the CO was talking about were related to my fiance being previously in the states with valid social security and all that. The CO has the letter I sent USCIS explaining our case when they sent me the RFE. In the interview she was asked more questions about her previous trip to U.S. than our relationship. The CO stopped with these questions when she realized my fiance was brought to the states as a child. That's when the CO said she wanted to analyze the case carefully.

We could see her going through the papers from the waiting area. The CO took the time to read the newspaper story that she already had before we came to the interview. She also went through all the documents that were given to my fiance while she was under supervision by the deportation enforcement. On most of these documents, employment authorization cards we presented in original, her driver license, original social security card, and other communications from immigration services, the CO seemed to be verifying something in the computer. The CO also called another woman who I thought was a supervisor, and they were both kind of analyzing. By the look on their faces I thought very negatively about our case, until they started looking at our pictures. They started laughing and in some pictures they would stop like if they actually like them.

This is when they called and said everything check out ok, with the exception of the affidavit. And while she was filling out the 221g she asked us how we met. She also asked how many times I've been in Guatemala since my fiance left the states, and I said two times since she left. Inside of me I said two including the one for the interview. She didn't ask about the two years previous to the I-129F since she had that on the packaged, I think.

So I would think if that's the problem, there isn't nothing to ask, but to deny the visa since they already know. Plus if that was the problem I would also think that they would ask her to bring proof of visitation within that period. I lawyer I talked about our first interview he was surprise that they didn't ask her to file a unlawful presence waiver or any other penalty type of fine.

Thanks for the input. Please every just pray it all be good. My case is the hands of God.

Thanks again...

I hope it doesn't happen for you, but in my fiance's case they asked her to show in person again at the embassy this coming Friday. On our first interview they said that everything was ok, but they needed a co-sponsor on form I-864. They received they now they said they still need to ask a few more questions before making the final decision.

I with you the best.

So my and my fiance were at the interview on January 31. The CO told us at one point to seat while she analyze our case carefully. She said the case was a little complicated. We waited, but then she said that everything was find and that there were no doubts about our relationship. She said the only missing piece was that in my affidavit I didn't make enough on 2013. She said that I do make more than enough with the current employers, but she still needed an affidavit that made enough last year. The CO also said that I don't have to be there anymore, that my fiance can finish the rest of the process after submitting the requested I-864.

I came back to the states and sent a co-sponsor (my dad) with form I-864. They received it last Monday, and called her today to come in this Friday 14 to the embassy. My fiance asked if she needed to bring any documents, they said no. They said they have everything they need including her passport that was sent with the new co-sponsor as they requested. My fiance asked if it was approved or what was happening, and they said they don't know yet. They said they need to ask some questions and depending on how that goes they will determine if she is approved or not.

Any body have gone through something like this on this journey?? We don't know what to expect or what they missed to ask. Please share your thoughts.

PLEASE HELP!!!

Thanks

I didn't wait for the embassy to contact me to schedule the interview for my beneficiary. I didn't even wait for them to receive the package. As soon as I got the case number from NVC, I went to the embassy's website and followed the instructions to pay the visa fee and schedule the appointment. It would all be attached to the beneficiary's passport, but you want to make sure you keep your payment receipt and all that. After making that payment, I was able to schedule the interview. I got the interview confirmation sheet, way before the embassy received the case. It was not a problem.

Research on your embassy's instructions for paying the visa fee and scheduling. Hope it helps a little...

I'm with this:

You would need to wait for the hard copy of the denial notice to see whether it would be best to reapply from scratch or appeal. 90% of the time it's best just to resubmit, since (i) you need to show it was USCIS' error, not yours, to have any chance of success in an appeal, and (ii) it's usually faster just to reapply, since an appeal would take around a year to do.

Wait for your denial notice so you learn why you were denied without any RFE. You said you checked almost everyday and there was never an update between initial review and your denial notification, right? I'm assuming you get at least email notification when your case is updated, and you are sure that there was never a notification that a RFE was sent.

I couldn't find an old post where people discussed the reason of a denial without any RFE and at the USCIS stage. I'd look around the forum while you wait for your actual denial notice on the mail.

Sorry this happened to you. Hope there is some work around at the end.

Si loco eso fue lo que me paso a mi. I make enough right now, but since I haven't file the taxes for 2013 they didn't accept my recent pay stubs as proof of current income. I was still waiting for one more w2 for 2013 and I got it a few days after the interview. I'm now sending what they asked for.

Good luck

Kind of. The officer said everything was good, but we needed another affidavit of support. We got a 221g, but it was not related to your question on this post.

Loco, como ta' eso en el patio...? jejeje