Carm

What can I do? After I overnighted my i751 packet on Tuesday May 26, I just realized that the actual 2 page i751 form got lost in all my copies of evidence and I did not include it in the inch-thick packet I sent. Will they send the whole thing back to me? Will they give me a chance to overnight the form I forgot? Should I send in my copy with the missing i 751 packet? Talk about stress---I have plane tickets to go abroad on June 22 and my huband's conditions expire july 3. What should I do????

Hello fellow VJers,

My visa journey for a K1 visa has spanned the length of 2006 but today is the magical day that I can finally say that my fiance's AP for more information regarding his fingerprints came back without any flags and on Tuesday (19th) we were called to the Naples consulate and issued the K1!

Our Christmas presents came early this year!! Keep the faith alive! You'll get past it too!

Thank you for replying! Please forward any waiver examples that you have and I will definitely look it over before moving forward. If you don't mind my asking, did you also undergo the lovely AP review too? How long after getting denied were you able to come back to the US?

It's been a month since his interview and although the consulate still tells me that they are waiting for the AP results of his fingerprints in Washington. I'm left wondering, is that it? If his prints come back and he's (duh!) not a criminal, will he be called back to get his visa?

I'm heading to Italy in December and I've asked for an appointment with a consular officer and they told me that if they do not have the results by then, there's no use in making the appointment. I heard that handing in the waiver by hand is recommended. Do you know this to be true? I also want them see us as a couple and see that we're legit and have been for a long time. Did you and your fiancee go to the interview together? Please spare no detail. I'm determined to get my love on this side of the ocean. Thanks again for your email and your generous offer to help!

Carm

Exactly. That's what I thought. I'm still hoping that the results of the AP come back and the consulate says he's got the happy stamp waiting for him. I'm visiting him in Dec. I'd love to be able to come back together. It will have been 8 months that we haven't seen each other.

So he tried to enter on the VWP and they turned him back?

Not normally a problem.

Once he was denied entry to the US, then he is no longer able to use the VWP. He would need to go through the embassy to get an entry visa.

I did the entire K1 process myself, (NO Lawyers) and it was easy. I was denied also and did the waiver on my own. Im now living in the US.

Point being; listen to the embassy they are the ones who will be giving the visa out and if he is to be given a visa then he will get it. Just do what the embassy asks. I he needs to file a waiver for inadmissability, then you can see a copy of my successfull waiver if you would like.

I know that it is frustrating but this is how they do there business.

If he enters on the VWP then he will be entering fraudulently and will it will make it even harder so just bare with the embassy you will get there.

Exactly. That's what I thought. I'm still hoping that the results of the AP come back and the consulate says he's got the happy stamp waiting for him. I'm visiting him in Dec. I'd love to be able to come back together. It will have been 8 months that we haven't seen each other.

So he tried to enter on the VWP and they turned him back?

Not normally a problem.

I was told by the consulate that he was under AP review because he had been denied entry. He was denied entry based upon, 212 a 7(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

I didn't think for a second that this would be an issue. We've been together 5 YEARS, this is insanity. I've heard of people who did jail time who had less complications getting their visas!!

This is a waiver used in certain cases where a visitor would be ineligible to visit the USA for many reasons covered under Section 221g, the purpose of the waiver is for things like humanitarian reasons such as medical grounds like not being able to get medical treatment in their country.

Intelligibilities covered by 221g can be found here: http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

GROUNDS COVERED BY THE WAIVER

A waiver under section 212(d)(3) of the I.N.A. allows nonimmigrant applicants to overcome many grounds of inadmissibility. Some of the grounds that are covered by the waiver include permanent grounds of inadmissibility, such as fraud or criminal conduct, as well as some grounds that are limited in duration, such as previous unlawful presence.

http://www.h1base.com/page.asp?id=311

This is not used for spouse or fiance to visit USA while petition is being processed.

http://www.visajourney.com/forums/index.php?showtopic=35924

I could (and probably should) write the book on terrible lawyer experiences. How about the one ex-immigration judge who sent me out of his office with a post-it of things IIIIII should look up on the internet regarding waivers. Between him and his idiot apprentice, they couldn't give me any answers and to add insult to severe injury to my wallet, he charged $250 for the consult.

I just want some straight answers and God help me, 3 lawyers, 3 different stories. How am I supposed to know what is the RIGHT thing to do?? The consulate told me to wait until the AP comes back....maybe all this worry is for nothing, but with my luck these days, I doubt it.

Sounds like you have been talking to some very dubious lawyers.

I consulted three lawyers (I get a headache just writing the L-word ) before finding one that had experience with the 212g. I'm still awaiting news from the consulate regarding my fiance's AP, but in the meantime, I'm investigating waivers. Here are my questions:

1. Is there a way to check to status of the AP investigation?

2. Are waivers filed only after AP has concluded?

3. My lawyer suggested filing a I-192 (Appplication for Advance Permission to enter as an Non-immigrant) instead of a I-601. Can anyone tell me about any pros/cons about going this route?

4. Can a waiver be filed concurrently with a I-130? The reason I ask is that my first lawyer consult said to hop on the next plane and get married and file the I-130. But I've read ( http://www.ilw.com/articles/2006,0323-ellis.shtm ) that this is bad advice bc I didn't respond to the inital AP investigation and therefore will remain on my fiance's record to haunt us for future apps. (Headache + nausea set in )

I'm looking forward to learning more. Thanks for helping a VJ neophyte out!

Carm

Karen!

You can tattoo LUCKY on your forehead cuz that's exactly what you are!!! I'm so amazed that I hopped on VJ just in time to see your post. I'm so happy for you! That is such incredible and wonderful news!

On my end, we're filing a I-192 Application for Advance Permission to Enter as a non-immigrant. I still can't find any info on VJ about it. Lawyer #3 says it may be 6-8 months from now before I'll be doing the party dance with you!

Abbraccioni!!

Look at your NOA's and that tells you what type of petition they are referring to in your email.

That should tell you that you don't need to call the misinformation line to confirm anything.

It took my case sat for a month at the NVC before it was forwarded to consulate. You can email the consulate and request the packet 3 documents in PDF fomat. It lets you get a head start!

For those of you who have recieved a packet 3 recently ... out of curiousity ... what was the time frame between your case leavning the NVC / CSC and getting the packet 3????? Trying to make "guesstimates."

Carm,

Do you know who this "alleged" employer is? If so, I suggest you have an attorney contact them and demand an affidavit substantiating their claim that your Fiance was employed there. If untrue, they can formulate an affidavit clarifying the mistake.

This approach, surmises of course, that this is the only sticking point.

You can then supply this document in your Fiance's defense.

FYI: The FBI does not investigate issues such as this. If the FBI is involved in some sort of investigation on your Fiance, their is much more information required here.

np-- the place of business was completely inept and most importantly, didn't even verify with their records about whom they were being inquired about. had they done that, they would have seen that my fiance was NOT in their records and also that they were not just vaguely answering a call for a reference (as if for a job interview). some people can be just flat out stupid and put their whole company's rep on the line for one rushed phone call.

Carm,

I am confused here. Why would a place of business claim that your Fiance worked there for 2 years, if untrue? This seems highly improbable. Please clarify that point.

In Dec 2005, my fiance came over on the Visa Waiver Program and they denied his entry in Philly after they ransacking his bags and took out all of his papers. They found a resume in italian which mention his volunteer experience at a company in FL. They called the place of business and the lady completely mistook him for someone else bc she said that he had been working at their company over 2 years (IMPOSSIBLE ON BOTH COUNTS!!). If that wasn't enough, they found the paperwork we were getting ready for the fiance app and of course they were idiots and wouldn't believe that either. He asked for a phone call, a lawyer, a interpreter, a call to the Italian embassy/consulate...and he was denied ALL of them. They told him if he didn't stop asking for a phone call (they waved handcuffs in his face), he would have to wait in jail for two days until the office re-opened (as if no one works on a saturday) or go back to Italy. He chose the latter, considering the treatment he was getting and of course being put in jail was not an option (he's seen too many episodes of COPS). I didn't find out until he was about board the plane that all this was happening .

DO I QUALIFY FOR THE AWARD FOR THE MOST UN-FREAKING-BELIEVEABLE, TOTALLY MESSED UP USCIS EXPERIENCE EVER??

Carm,

I am confused here. Why would a place of business claim that your Fiance worked there for 2 years, if untrue? This seems highly improbable. Please clarify that point.

np-- the place of business was completely inept and most importantly, didn't even verify with their records about whom they were being inquired about. had they done that, they would have seen that my fiance was NOT in their records and also that they were not just vaguely answering a call for a reference (as if for a job interview). some people can be just flat out stupid and put their whole company's rep on the line for one rushed phone call.

I would think that administrative processing is unusual going through Napoli. Is your fiance an Italian citizen, or does he happen to be a foreigner with Italian residence?

thanks for replying! He's all italian and even my lawyer didn't see the 221g coming. I was told main burden of the 129F was to prove we're are a legit couple...well after nearly 5 years together, i didn't think that would be the problem please see my other reply to get the full scoop.

Please tell that 10 months of waiting for a fiance visa were not all in vain!! My finace's visa interview in Naples, Italy was today and they attacked him on a (false) charge. Has anyone's fiance visa ever been approved after a 221g has been issued for Administrative Processing? One small misunderstanding led to this HUGE collapse of my dreams. Also, has anyone successfully gotten help from a senator regarding their 221g?

your mixing your information. you talk of Admin processing < 221g > then you talk of a charge?

if there is a charge its not 221g. maybe its 212. you need to provide more information as to what the letter

your SO was given.

I'm sorry for the confusion. My fiance had been denied entry to the US in Dec of 2005. In a sworn statement, he denied that he had worked while in the US and the Immigration Officer called a place of business and they completed bleeped up the situation bc they told the IO that he worked for them for 2 years, which is completely untrue and totally possible to prove otherwise considering the evidence is in his passport. He's never worked in the US and has never stayed more than 90 days. So in today's interview, they pounded the same nail in deeper, claiming that he broke the law while in the US so to sit tight until the FBI investigated the charge and got the info back to them. I'm getting a statement from the person they spoke to who screwed up not only his entry in 2005 but his fiance visa app. do you understand why I'm desparate to have some justice prevail in this situation?? It's a he-said, she said and they don't give a ####### about what my italian fiance has to say about it. how devastating one woman's words could be?

here's what box was checked off on the document given to my fiance today:

"Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the

provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following

remarks apply in your case:*

Administrative Processing. We will contact you when we have information from Washington, DC."

My laywer seems to think there's no way that the FBI would be bothered with such a menial investigation and that I should just apply for a 1-130, knowing that this situation could even pop up again in the future.

THanks for any info you can pass my way. Or just dip some sympathy chips at the pity party i'm throwing myself.

Please tell that 10 months of waiting for a fiance visa were not all in vain!! My finace's visa interview in Naples, Italy was today and they attacked him on a (false) charge. Has anyone's fiance visa ever been approved after a 221g has been issued for Administrative Processing? One small misunderstanding led to this HUGE collapse of my dreams. Also, has anyone successfully gotten help from a senator regarding their 221g?

Hi Kara!

I'm so excited for you getting your approval! It's been 141 days for me desparately hoping to get a sign of life from CSC about my fiance visa (NOA1 01/18/06). I was wondering what you meant by "touched". How do you know it's "touched" and where do you find that out?

Thanks for any and all help you can pass my way!!

Carm

Hi guys!!!

I'm so freaking excited right now! There is light at the end of the long, dark CSC tunnel! I just got 8, yes, 8 emails saying that our petition for our fiance visa was approved yesterday! Honestly, it's about time! I had recently emailed CSC and they told me not to contact them for another 45 days and I also contacted a senator but hadn't heard anything back. Needless to say, I wasn't really expecting this now but hey, it's really great! I know there are a lot of people still waiting out there - it took 125 days for this approval to come. Hopefully CSC will keep on moving. Best of luck to all and thanks for letting me vent along the way!!!!!!! Have a great day!

Kara

I've been waiting over 4 months to hear about my fiance's K1 visa (NOA1 was 01/18/06) and although the processing times chart for CSC show that they have been processing cases from FEb 3 for over a month and a half now...still NOTHING, NO SIGNS OF LIFE!!

I went to my nearest immigration office and found out about a G 731 form and was told that I could write a letter explaining why they should expedite processing (does complete emotional breakdown count?? ).

My question is simple...has anyone ever filed this form with success? Please give me your feedback!!

I was told by a lawyer that requesting any information about my application could actually cause it to go to the bottom of the pile (do we fiance's need anymore torture??)

I look forward to hearing from you out in Visa Journey land!!