jpaula

If he has never had an approved AOS then he has been continually out of status (including now). Filing for AOS does not give him legal status. So, you have to proceed with this in mind. I am not sure how you overcome the past charge of fraud, but I do know that someone who has been found guilty of marriage fraud can NEVER AGAIN receive immigration benefits through marriage. Given this, I think you have to talk to a good attorney and find out how you get the fraud charge dropped before you try to do anything else. A lawyer should tell you this, but since we are talking about whether he (not his wife) committed marriage fraud, you will need not only to get her statements and those of her family, but find a way to prove HIS intentions.

One note about DCF. New ruled went into effect about two years ago and in order to do DCF you now must be a resident of the country for at least six months. This means not just living there, but having legal residency. So, before you make any decisions, be sure you know what is required to gain residency in Syria and how long that might take.

hi guys ... just easy there and dont make ur thought fly away .... what allah want gonna happened ... just relax ur mind there and focous on ur next step ( which is interview ..collect ur papers and pictures ...etc ) do ur best there and pray alot then every thing gonna be fine insha'allah ... and remember each case is different from othere ... good luck there .

I just have to say thank goodness for this advice, reading this thread and the link to Bumbelinas story made me sweat. My poor husband even had to get a phone call at work just to be able to know how crazy I am and tell me just sleep already and he'll see me after work.

As if it's such a major thing letting someone in this country, you think they're doing this for our safety and concern... to me they just want their ducks in a row for people here to make money, pay taxes and keep the federal reserve and bankers raking in their big bucks. BTW the terrorists have sponsors other than a pitiful american husband or wife with debt and possibly children to feed. They get in with money and student visas, it isn't half as hard. So much for protection, this is definitely all about money and discrimination. Shame. Shame. Shame.

If you approach this with a sense of entitlement, victimhood and a flair for the dramatic you have a long, angry road ahead of you.

If one story of a possibly fraudulent marriage has you doubting your own, imagine how seeing fraud cases day in and day out leads to skepticism on the part of the CO. The truth is that almost everyone in the MENA forum is dealing with high fraud countries and they need to be prepared for the process. It may feel good from time to time for everyone to commiserate and talk about how much they miss their husband, but they also need real information about the Consulate they are dealing with and the process at hand. You must understand that you are dealing with a high fraud region and that the burden of proof is on you (or more specifically the non-USC spouse who is the one actually requesting the visa).

As for the idea that allowing poor American women to sponsor poor MENA men for citizenship is done as a means of lining anyone's pockets, it is absurd enough on its face that I have no idea how to respond.

Are we going on the assumption that AP is for the purpose of making a couple sweat it out rather than giving either the Consulate or DHS investigate the relationship/security checks? I mean, I am pretty cynical overall, but I would be rather surprised if this is the case.

I only base this on reading VJ for a very long while, but I thought what makes Cairo unique is that, in addition to the DHS name checks etc, the Consulate actually investigates the relationship with house visits and the like whereas in most counties AP only involves the name check/security issue. So, in Cairo AP is not over until both DOS and DHS have done their thing. Are there other countries where the Consulate does independent follow up investigations either after or before the interview?

I think one thing you have to realize when dealing with this process is that the US gov't, in granting an immigrant visa or even the K1/K3, is not merely giving someone residency but also a path to US citizenship. So while it may be, from our point of view, a question of asking to be allowed to live in the US with our spouse, it is much more than that from the point of view of the gov't. When I applied for Algerian residency I got lucky and did not have too much of a problem (many do as laws there are applied capriciously and it is really just hit or miss). It was just the usual runaround, mounds of paperwork, etc. But, this residency gave me no future right to citizenship. When I really think about it, I am still surprised that someone can come to the US on a K1, get married, do AOS and then divorce and STILL get US citizenship. I wonder in how many other countries it is the case where a divorced non-citizen resident can naturalize on their own. The fact that you can do this in the US makes the scrutiny much more intense. Every country takes the right of citizenship seriously--as they should.

Depending on how long she overstayed she will likely have a bar (3, 5 or 10 years) against her return. However, if her only problem is an overstay she will be able to file for a waiver to list this bar. You should start researching the waiver process. The best place to do so is at www.immigrate2us.net. Good luck!

I know we all want to defend our chosen partners--as we should. But I think that in the urge to defend we often overlook some real truths. You can take the attitude that you will ride this train while it lasts and pick yourself up should it have been a rouse. BUT, if children are involved or if you move to his country, you need to consider some factors other than your ability to pick yourself up and dust yourself off. You have to be realistic about your rights and those of your children. You can quote the Quran and describe your doting spouse, but the truth is that your rights in many Muslim countries are not equal, not as a woman and not as a foreigner, to your rights here.

I never understand why people here get so riled up about Not Without My Daughter. Granted I have not seen it in a very long time (saw it once in the theater when it came out), but the point that you, as an American mother in your husband's country, will not have the same rights over your child as you do here is a pretty important thing to know before you decide to take your child abroad. Maybe it is the Political Scientist in me, but what I remember from that movie is not scary abusive Muslim men, but the international political morass of custody laws. Yes, American men sometimes kidnap children and yes American men can be abusive. But you have MANY more legal rights here in those situations than you will if your MENA husband or your children return to his home country. Different point entirely.

I have no children and still researched like crazy before we moved to Algeria to know not only what my rights were under the law, but also how that law was or was not enforced and what kind of recourse I had. Most of this I could not know until we got there. It has nothing to do with how kind my husband is or the faith I have in our marriage. It has to do with the laws of his country. Yes, many of the more offensive laws (to me) are those based on Islam and thus ones many are quick to defend. To be honest, I have no horse in that race. I simply want to know the reality of my rights there and to make decisions based on that. Know the Family Code. One small example--I can neither own nor inherit property in Algeria. You can bet that changed our plans to buy an apartment.

Be smart.

First, welcome to the US.

Have you been assisted by the International Rescue Committee? They should be able to help you through the process and put you in touch with organizations in your area that can help you. If you do not have a local contact for them, call their Headquarters in NY and ask who can contact locally.

Here is their contact info: http://www.theirc.org/about/contact.html

My husband just passes his medical boards the first part of the year. I'm currently working part-time as an instructor at the college here. It's not an illusion that we could possbile be making $200,000 a year. Why, because we've worked very hard to be where we are today. I don't see anyone spreading the wealth to help us pay off our thousands in student loans though.

If you took subzisidizes student loans, your loans themselves are an example of all of us collectively spreading the wealth to help you finance your education.

We have, and would keep had either McCain or Obama won, a progressive tax system. I regret that this election saw the watering down of a real debate over tax policy to one that appears to be about "spreading the wealth" or not (and the BS about socialism was beneath McCain). The real conversation we need is 1) what constitutes a fair taxation system and 2) what do we/should we rely on taxes to fund? Certainly people will have different answers to these question, and there is a large spectrum, but unless a candidate is calling for getting rid of taxes entirely (and neither was), they both would spread the wealth, the question is only how much, from whom and to whom.

http://algeriawomen.forumcircle.com/

A little heavy on the convertitis for me, but I know it has been a good community for many. She should have a look.

I am of little help re: Cairo as I went through Algiers which is a much easier Consulate. But, I am a Jewish woman married to a Muslim man and so I at least want to voice my support and outrage. We addressed religion in our original petition and had many letters from family and friends. It was easy for us to write strongly about it as it was something we had talked about extensively before marrying (and continue to talk about four years into our marriage). It was not mentioned in our interview and has not come up at any part of the process. Had it, I would have been furious and had our Congressman on the case immediately. Now, our case is different in that we met and married in the US where such things are not as odd and I was living in Algeria at the time we applied which made it very dificult to doubt the validity of our relationship. Still, while it mignt put a higher burden of proof on your case only because it is something unusual in Egyptian culture, visa issuance follows US law and denying based on religion is not OK. I am going to guess that they never stated this as the reason nor will they. They may be running in circles trying to find other reasons and, to be honest, the Orfi issue may stick. But, I hope you have a Congressperson on your side and that they are willing to press the issue.

I guess all of that is just to say that there are other Jewish/Muslim couples out there and that some of us have strong happy marriages. I wish the same for you.

Henia,

My husband has a very good friend who has a store in Charaga that sells only baby stuff. All the knockoff brands from China, but also some better quality imported products. We will call him and see what he has. I wasn't paying attention to details (ie looking for butt cream) when we visited, but it seemed realy well stocked. We also sent my SIL a big package when she has her son a year ago. There was def a sling in there, a Baby Bjorn, alot of onsies and much more. I'll ask her if she still has any of it (could have been dispersed to neighbors). That would be very easy to get to you.

An aside for those thinking of shipping to Algeria, my experience has been hit or miss, but mostly miss. Once had things get there safely in a month, but egnerally had packages arrive a year later with half the contents missing. USPS insurance can't do anything about it as they can only track that it arrived in Algeria and are not responsible after that. We now only ship with DHL which is expensive, but less expensive then losing the package. Their Jumbo Box ships internationally for a flat fee.

W, I'd like to send you something as well. Can you PM me your info? And, do we have a count as to what has been sent and what is still needed?

Maybe we need to institutionalize this--MENA baby showers as a new tradition?

I must chime in here if only to say that I know many a sweet natured Algerian man, my husband first among them.

I do not discount the violence this generation witnessed nor what it means to grow up in poverty and severe insecurity. But, Wharania, please do not use this as an excuse to let someone treat you badly. Cultural critique aside, in the end a marriage is between two individuals and you must expect him to show you the respect and support that a true marriage requires. I wish you strength and health. Please take care of yourself.

I have been told different things by different lawyers on this so, in an effort to steer this thread toward a reference of useful info for those of us who might be in a similar position one day...Do non-USCs have the right to contact a lawyer when placed in secondary inspection (and thus not yet given entry into the country)? I am not so sure that they do.

While it may be clinically presented, I think this info is very important. People are denied entry every day, often detained. When we say "how can they?" we should be prepared for the answer. The law gives them alot of leeway and if we are really horrified at the treatment of people like allousa's FIL, we have to be able to make a distinction between abuse of the law and bad laws. How do you protest the treatment? Do you have a case that it is unlawful? Or, do we have to stand up to change the laws themselves? That is a big strategic difference. Understanding what the law allows is critical to making that choice and also for the arguments we then make. The fact is that we can be angry at the treatment and still see that it could fall within the law. I personally feel that way about much of immigration law.

You will want to look into waivers through Manila specifically as each office is different in term of response time and approval rates. I believe Manila is one of the toughest so do your research and be prepared.

To repeat advice already given--go to immigrate2us.net and look for couples who have been through Manila.

Maybe someone else can clarify better, but as I understand it if you are ever denied based on marriage fraud you are inelligible to ever get a visa based on marriage (even through a different marriage). So, I strongly suggest he consult a good lawyer before leaving the country as you want to be sure that marriage fraud will not be an issue. It does sound as if he was denied due to a credibility problem which sounds a little fishy to me. If he is married to a USC and his only ineligibility is an overstay there isn't a real reason to deny the AOS. So, I just feel like there is some info missing.

I do not think marriage fraud is waivable. So, if they have given you the I-601 for an overstay, I would guess they have not counted marriage fraud into the equation. BUT, I would definitely read your denial over very carefully, preferably with a lawyer, to determine the exact grounds for your denial. Did they actually deny you for not being credible? Or did they just say, in passing during an interview, that you were not credible? Did they mention the marriage issue in passing or in the official denial?

I would recommend getting a customs broker on this end. They don't charge alot and they could really help you get things through customs and also to be sure that things are correctly marked and invoiced so that you can get them in duty free. Also, the paperwork gets much more complicated when you are shipping a variety of things rather than, say, x units of the same item. Having gone through the immigration process I am sure you are used to the paperwork involved in these kinds of things (same government agency, after all), but documenting a shipment of many different items can be time consuming and easy to mess up. You will have to classify each good according to the HTS (http://www.usitc.gov/tata/hts/bychapter/index.htm) and this often requires expert assistance. Talk to them now so that they can advise you on what to document in terms of the invoices on the Morocco end and for the Bill of Lading and how to pack things as making sure that is all done well will make things MUCH easier when it comes time to enter through customs here. It is worth calling a few borkers and pricing it out. In general, you may also want to snoop around CBP's website. http://www.cbp.gov/xp/cgov/trade/basic_trade/

Good luck to you!

Curious JP, what is the trade agreement in Algeria? Even thou, with all the corruption I doubt the laws would be followed. We were thinking to ship some of my "stuff" here ... but not even sure if it would be worth due to this. Thanks!

We do not have a bilateral free trade agreement with Algeria. Most goods originating from Algeria and shipped to the US have reduced or no tarrif through the Generalized System of Preferences (http://www.ustr.gov/Trade_Development/Preference_Programs/GSP/Section_Index.html). But, this is not reciprocal so goods coming into Algeria are taxed per Algerian law which I do not know. I do know a transitaire there, though, if you ever wanted to ask someone.

I would recommend getting a customs broker on this end. They don't charge alot and they could really help you get things through customs and also to be sure that things are correctly marked and invoiced so that you can get them in duty free. Also, the paperwork gets much more complicated when you are shipping a variety of things rather than, say, x units of the same item. Having gone through the immigration process I am sure you are used to the paperwork involved in these kinds of things (same government agency, after all), but documenting a shipment of many different items can be time consuming and easy to mess up. You will have to classify each good according to the HTS (http://www.usitc.gov/tata/hts/bychapter/index.htm) and this often requires expert assistance. Talk to them now so that they can advise you on what to document in terms of the invoices on the Morocco end and for the Bill of Lading and how to pack things as making sure that is all done well will make things MUCH easier when it comes time to enter through customs here. It is worth calling a few borkers and pricing it out. In general, you may also want to snoop around CBP's website. http://www.cbp.gov/xp/cgov/trade/basic_trade/

Good luck to you!

I've done a lot of research into this and have found a few interetsing bits of info.

Firstly, we have a pretty strong Free Trade Agreement with Morocco which means you should be able to import Morocco-made good free of duty. Make sure they are marked as made in Morocco and that the Commercial Invoice states as much.

There are not great shipping lines from Casa to the US, but the best I have found is here: http://www.cma-cgm.com/ click on "routing finder" and see what options they give you. An agent will be able to give you a price quote. I 20' container (you may need a 40') was running me about 5,000USD to the West Coast (requiring both shipping and then rail across the country). This includes alot of fees (port fees, pick up, etc) in addition to the flat shipping charge.

I think if your husband is there he could ship it without the help of a Moroccan feight forwarder so long as you have a customs broker here who can do the paperwork at this end. Or, if you are really detail oriented and willing to fill out lots of forms you could even do it yourself. But, if you do want a freight forwarder there, here is a list: http://www.freightnet.com/country/c93-Morocco

Please be aware that filing a successful I-601 requires much more than filling out the form. You have to provide a strong, well-documented arguement showing extreme and unusual hardship to your USC spouse should you not be granted a visa. It is a difficult, but doable, process. But, please, please, please do some research to know what it entails. A very good place to start: www.immigrate2us.net

And, in the case of AOS I think the day you filed your I-485 is the day you applied for your visa.

It may also be worth contacting an attorney as the charge of misrep seems like a stretch and an experienced attorney may be able to give you some ideas as how best to fight it. Good luck!

Many congrats W!!!

FYI even with a green card he will need a visa to go to Europe as visa requirements follow the passport (exception is Canada and Mexico where LPRs can travel without a visa). Of course, it is easier to get a visa for France (including transit) when you have a green card than it is without one. So, you have to jump through the paperwork hoops but they will say yes which is a pleasant change. And, you will not need AP if he is arriving with a CR1. The CR1 in his passport is, technically, a green card and he can use it as such until his actual card arrives. When my husband arrived with his IR1 we went straight to the French Consulate in the US, got a visa and flew back and forth to France before his card got here. (All to avoid dealing with the Fr Embassy in Algeria.) No problems.

I know it was a wait, but relish the fact that he has a CR1 now. You are home free!

W,

If you are as interested in Algerian culture as you claim to be you will realize that you have something to learn from Algerians who have a different experience than you do with it. For those who are Algerian, including Algerian-American, French-Algerian or Tibetan-Algerian, they know their culture because they live in it not because they read about it. Culture is not an absolute and it is not a history quiz.

I have read extensively about Algerian history. I married an Algerian. I lived there. Should I read every book ever written on the country, travel to every corner, have a child with my Algerian husband, eat nothing but cous cous, have Kateb Yacine on my bedside table, convert to Islam, mutter Camus in my sleep and bathe in olive oil I will still not be Algerian and will still have something to learn from those who are.

I know you think you sound knowledgable here and I for one think your interest and studying is admirable. I like your videos. I like you. But, berating Algerians, regardless of their age, about what their own culture is or is not is neither admirable nor knowledgeable. It is embarrassing.

Pick up a book on how culture is transmitted for your next reading binge.