Alex 1234

My wife called USCIS the told us the following :

1- I 130 is valid for 1 year from date that it is issued

2- I 212 can be filled straight after I depart USA and the national average time is 4.5 months ( I 601 has to be filled after conselor interview I mean after u get denied at ur counselor interview but I 212 can be filled before ).

3- I 212 needs to be filled on my wife's behalf as it is extreme hardship for the us citizen not me unless I am applying for non immigrant visa but in my case I am applying for immigrant visa so my wife will need to submit at the local office here I'm usa )

4- the consulate interview takes around 1 year to come

I have consulted an attorney and he told me the same thing . So I will be looking at 1.5 years for the whole process and I have been informed that I 212 are much easier to get approved then I 601

As per I was an easy target for ICE indeed I was

Can anyone help if they had similar situation please

I couldn't believe myself but they did I even asked the officer he told me we are here coz u overstayed based on visa waiver if u where on different visa we won't be here he meant the 6 months tourist visa he told me purely coz overstayed visa waiver coz u can't go in front of the judge as I said I have no criminal records and never worked even never drove

Mate that's my story the reason is visa waiver overstay . If I had something serious going do u reckon they will get me out of the detention center . Visa overstay was the trigger mate easy in easy out u can't even see a judge

Hi,

This my situation please can you help.

I have entered usa on visa waiver from Australia to visit my family in usa .

I have met a wonderful girl and we got married after 80 days. In the mean time my wife was applying for her citizenship and I overstayed for 8 weeks ( my attorney at that time told me no harm of overstaying and homeland security will not look for you as I have no criminal record in my entire life he was very wrong and ruined our future). So basically my visa expired in feb 2013 and I applied for adjustment of status in April so almost 8 weeks overstay . Got receipt from USCIS all looking good so far plus got a receipt by end of April my case is been processed and pending . Here gets ugly next day after I got the receipt from USCIS 3 gentlemen from Home land security knocks on my door and arrest me again no criminal records at all . I was detained arrested in las Vegas detention center . We hired a second attorney to get me out of the detention center which he did and was put under order of supervision . Was checking ever 6 weeks . Did finger printing went to the interview during the interview the officer granted me I 130 but couldn't adjust my status as I have an order of removal on my shoulder ( was told by the attorney your fine go to the interview and you get your green card ). The officer at USCIS told me you need to rescind the order of deportation and I will approve your I 485 adjustment of status sounded like not a big deal at that time . I thought the attorney had it in his file as he told me no probs the order has been removed don't worry . We went to the senator , congress you name it but homeland security will not rescind the order . Now I have to remove myself after homeland security gives me my Australian passport which they are holding ( like I am a criminal or a bad guy I have never been in trouble in all my life just listened to the wrong advice and wanted to stay with my wife which made me overstay 8 weeks waiting for her to get the citizenship ) . I bought a ticket and traveling back home and leaving my wife and my step daughter which means the world to me . This is my story please can you help me my questions are below

1- I need to apply for I 212 waiver from outside CAN I DO THAT STRAIGHT AWAY AFTER EXISTING OR HAVE TO WAIT ? If no how long I have to wait to file I212 on my wife's behalf . I don't need I 601 as I overstayed less than 6 months or 180 days

2- what is the processing time for the waiver and when I get my consular interview .

3- what are the chances for the waiver to get approved my wife has custody , she has a good job , she is so sad taking a lot time of work , can't leave her daughter because of the custody . Step daughter is very said ( they basically ruined our lives for getting a bad advise and overstaying 8 weeks when criminal are floating around with no papers what a joke ).

My wife is already booking tickets and planing trips to see me all costing money . She had to stop her education because of that and declined few jobs she got offered recently. Most of my family are here my uncle, Auntie ,my sister my brother in law , niece , nephew my wife my step daughter only my parents are overseas and not usa citizen