midwesterner27

Greetings everyone.

We are prepared to apply for the I-601 (misrepresentation) waiver on account of various extreme hardships that I and my family have endured.

The one thing that I find different from others here is that I currently live in Poland with my wife instead of currently in the US. What if they say "you already live there so you obviously don't have extreme hardship." ?

I came here to this country specifically so me and my wife could be together but I suffer everyday that I am here for health reasons, financial reasons, and family reasons.

Will they be able to deny me on this fact alone?

I am currently working day and night to present all of the evidence for our case.

Thank you and best regards to all.

We had our interview yesterday.

After going through about a year and a half of this process we thought that we were finally over, and that we would be reunited with my family.

It was not the case. Because my wife had an entrance problem to the US over 5 years ago they will not let us proceed yet.

According to them we need to have a meeting with the DHS to prove that it would cause 'extreme hardship' if my wife could not be with me in the US.

This will take over 3 more months and they told us to hire a laywer to make sure it goes right.

Previousely all of the people at the embassy we had talked to had saidthis would not be a problem but nobody has their story straight. They just take 380 dollars everytime we go there and they we have to wait another 3-6 months for another similar experience.

We now have spend about 18 months going through this process and have spent thousands of dollars.

We feel like refugees.

Greetings all,

Our interview at the embassy is coming up next week. We are a bit nervous but can't wait to move on with our lives!

If anyone has useful information on what questions they will ask us please let us know! We really appreciate the help.

Best wishes,

Andrew

Andrew,

You filed two years ago, right? Why not merely fill out the 2006 tax forms and use those? It doesn't take too long to do, and you need to file them anyhow as an American living abroad.

Walter

Ditto Walter. They WILL ask/require for your last tax return/transcript (2006) so filing before the interview is the way to go to avoid problems. It does not matter if you have a co-sponsor, you also need to present your transcripts.

Good luck, L.

Thanks again, all. And good luck to everyone in their case.

Thank you for the replies!

Greetings everyone.

To update my case, me and my wife finally have an interview at the embassy in early august.

I have everything prepared except for my last tax return which was filled two years ago before I started travelling (making no income). Does anyone know if the embassy will accept the tax return of my co-signer only? Because it seems that it will be difficult to find this tax return. I think it has been thrown away.

thanks alot.

Greetings everyone,

To reiterate my problem, my I-130 package got sent to the US, being rejected at Frankfurt. I did not get an explanation.

This led me to wonder: did I fill out the I-130 incorrectly?

Following the sample form from this website I put down my domiciled address in the US, while I put down my current address only for my wife. Did they mistake this for the idea that I don't live in Poland???

Did other people residing overseas put down their address abroad or back in the US? I guess this is the quesiton.

Thanks in advance.

Andrew

You have to put the address abroad, not the US address. That's why they sent back the petition to that address, for them it looked like you live in the States so you have to file in the States. No 1 rule doing DCF is to reside oversea for a period of time. File I-130 again with the Polish address, but check maybe you can start the process in Poland, it can be faster than sending it to Frankfurt .

Thanks, Adriana.

I'm on it already.

Greetings everyone,

To reiterate my problem, my I-130 package got sent to the US, being rejected at Frankfurt. I did not get an explanation.

This led me to wonder: did I fill out the I-130 incorrectly?

Following the sample I-130 form from this website I put down my domiciled address in the US, while I put down my current address only for my wife. Did they mistake this for the idea that I don't live in Poland???

Did other people residing overseas put down their address abroad or back in the US? I guess this is the quesiton.

Thanks in advance.

Andrew

I will call warsaw embassy and frankfurt. I probably will get this response "Oh thats weird, I dunno. I'll transfer you." and then the line will go dead.

Thanks for the advice everyone. Ill stay in touch.

Andrew

I am so disappointed by the way USCIS Frankfurt is working: they do not answer to emails, no answer the phones...Today i finally succeeded to get a person on the phone but it was not much he could tell me about our petition. He changed the time line for I-130 to be processed from 60-90 days it was 2 weeks ago to 90-120 days today.

I empathise with you. Everytime I call they 'transfer' me the line gets cut. I call back and the same thing happens.

I think, Adriana, that this must be the reason why I got shafted; their 'workload' makes their 9-3 schedule 'difficult' and they just get rid of peoples packages.

Thanks Adriana, and Mary. I'll check out this embassy in Warsaw although they treat us absolutely horribly.

If anyone is interesting in signing some kind of group petition to a congressman or what not let me know, because their system of anonynimity and no accountability has created a situation where normal Americans like us are getting shafted from lazy bureaucrats who waste years of our lives with their unprofessional behavior.

If anyone is interesting in signing some kind of group petition to a congressman or what not let me know, because their system of anonynimity and no accountability has created a situation where normal Americans like us are getting shafted from lazy bureaucrats who waste years of our lives with their unprofessional behavior.

If anyone is interesting in signing some kind of group petition to a congressman or what not let me know, because their system of anonynimity and no accountability has created a situation where normal Americans like us are getting shafted from lazy bureaucrats who waste years of our lives with their unprofessional behavior.

Andrew,

I'm double-posting this to get it in the right thread:

How long have you been resident in Poland? I think to file in Frankfurt, there's a six month residency requirement now. From having read some of your former posts, though, it sounds like you've been in Poland for a year? I just don't understand their response. I would try emailing the Consulate in Germany and explain your situation. Explain that although you have a domicile in the States, you are a resident in Poland. Are they viewing your domicile in the United States as your residence? It doesn't make any sense....

I'd recommend emailing instead of calling to get this straightened out. For one thing, you can craft an email with more calm than you can a phone call. But secondly, even if it takes longer to get a reply, at least you'll have something in writing. I think that is going to be important

Best wishes,

Mary

What process did you start in Frankfurt? DCF?

DCF I-130 Package.

We had called several times and they said that after the adam walsh act that it was them that processed the I130's for Poland, and then we get this. Incredible.

Did you reside in Poland for a while? It is no 1 requirement for starting I-130 oversea, or else you have to start the process from the States, the place you reside.

I am a resident of Poland, I sent them my residency card, and a certified translation.

Then you should call US Embassy in Poland and tell them about your case. Maybe you should start the process to the US Embassy in Poland and they will take care of your petition. I don't know about Poland, but they started again to accept petition to the Embassies without a USCIS offices, I know for sure somebody in Romania just finished DCF to the Embassy in Bucharest, all the process took only a month, very very fast.

So contact the US Embassy in Poland!

All the best,

Adriana

Thank you, Mary.

I have lived in Poland (too long) for well over a year. And I sent them my residency card and translation.

They treat us (their tax base) like bugs to squash, I swear to God. I spent over 100 dollars to ship it to them AFTER they confirmed that USCIS Frankfurt is where I am supposed to be sending it to.

What process did you start in Frankfurt? DCF?

DCF I-130 Package.

We had called several times and they said that after the adam walsh act that it was them that processed the I130's for Poland, and then we get this. Incredible.

Did you reside in Poland for a while? It is no 1 requirement for starting I-130 oversea, or else you have to start the process from the States, the place you reside.

I am a resident of Poland, I sent them my residency card, and a certified translation.

thanks, same to you

After over a month of having sent out our package and getting charged over 100 dollars for it, Frankfurt sent our package to my address in the US and it had a note that said "file it in the US."

I am so furious that I cannot even write as I would otherwise. If anyone has any ideas or similar experiences please let me know because we are in a hopeless situation.

Andrew, tell us more about your case ? What process did you start?

Ok, We got the I130 package together, shipped it out to Frankfurt (for a large fee) and waited for over a month for our credit card to get charged. They had told us via phone that Poland is now under USCIS frankfurts jurisdicttion. and my home address in the US got the package returned with a piece of papaer that said "file in the US.'

What process did you start in Frankfurt? DCF?

DCF I-130 Package.

We had called several times and they said that after the adam walsh act that it was them that processed the I130's for Poland, and then we get this. Incredible.

thanks, same to you

After over a month of having sent out our package and getting charged over 100 dollars for it, Frankfurt sent our package to my address in the US and it had a note that said "file it in the US."

I am so furious that I cannot even write as I would otherwise. If anyone has any ideas or similar experiences please let me know because we are in a hopeless situation.

If anyone has any suggestions they are appreciated.

Andrew

After waiting for a month to get anything back from USCIS Frankfurt they finally sent my package out to my address in the US saying that we should file it 'somewhere in the US.'

This is after I called this embassy and confirmed that they processed I-130's from Poland. So now me, my wife and my family in the US are all back to square one because of this ridiculous system. I don't even know where to go next.

A question for people sending in their I-130 package to Frankfurt. Did you pay 80 euros to have the filing fee processed? I am looking at the website (after calling frankfurt who referred me to the website) and it says that one must pay 80 euros in order to get the filing fee.

Is there a way around this?

when I talked to USCIS Vienna she was VERY adament not to send proof of relationship (other than the marriage certificate). she told me that that would all be handled by the embassy at the interview date.

Fofire

That's good info to know about Vienna! These cases are clearly going to be weird hybrids for awhile.

John and Sonya -- your post sounds like a submission from before all this started. The process is going to be different now, and the visa application docs are not necessarily going to go in with the petition documents.

I really encourage everyone to think of them as separate entities: Petition & Visa Application.

Yes, our petition was approved 11/06. But the new petition ( I-130 ) says you have to submit proof of bonifide relationship with application ( Section 7 of instructions ). When we filed, we had to show at when we first submitted our petition and its required at our final interview. None of our documents are mailed in when you do DCF. VISA application is different than Petition, but petition requires these documents as well now.

My advice is not go so much what consulates tell you, they all have their own oppinion, unless its ADDITIONAL info they want. To be safe, bring what they ask AND what is noted on thier websites and on the forms themselves. BE SAFE. We have seen so many applicants rejected because they did not bring everything.

I really have to agree with this advice. A lot of USCIS and consulate staff are not yet aware of the new I-130 requirements, and although Vienna was adamant about not sending proof to me as well, the form clearly states that you need to send SOME supporting evidence. They don't need the whole visa interview shebang (Vienna says that they aren't too worried about fraud in cases where the USC has been resident for over six months), but the staff person who actually does the adjudication will probably know about and want that new I-130 section 7 supporting evidence. As John says, it can't hurt to send it, and you may well save yourself an RFE delay.

As a side note, you may want to do a last-minute check with your embassy in Poland, Andrew. They may be taking your I-130 there now.

Just wanted to say that Vienna just approved my I-130 and has sent it on to Bucharest.

In all they didnt need the DS-230 Just so you know that part.

With regards to the Evidence of relationship do what you think is best/safest.

Fofire

Congrats!!!!!!!!!

Fofire,

Vienna has transferred me to USCIS frankfurt, so thats who Im referring to. Lots of optimism, not alot of knowledge or accountability.

Please let me know if you hear anything about the DS-230.

Andrew

Again, thank you.

No DS-230 necessary.

All you need is:

photos of us (used to prove bona fide relationship)

I-130

g325 for both + 1 passport photo of you, and 1 of your spouse

your passport or birth certificate proving citizenship status

marriage certificate

plus, 190 dollars filing fee

if possible, also send out an affidavit by at least two people who can prove you, and your spouse have a relationship

Those are what you need to send out.

Thank you very much for the reply.

And this proving 6 months of legal residency? I am now a resident and not a student or turist. Must I prove it?

Greetings,

I am planning on sending out our I-130 package to USCIS next monday. After calling them several times it seems that no one knows for sure what is the complete checklist, and I usually get tranfered back and forth and still no one is 100% sure.

I have so far (including translations of all Polish documents):

photos of us

I-130

g325 for both

passports

birth certificates

marriage certificate

My residency card

International travelors check for 192 dollars

Is the DS-230 necessary?

Anything else??

Thank you all in advance.

Andrew