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The waiver will be needed at the interview. . .it cannot be filed before then. Sounds like he was here >5 years illegally and has a 10 year ban. You are going to have to work very quickly to compile an approveable waiver package before then. . .or you could postpone the interview.

Check out www.immigrate2us.net for more information on what a waiver package entails. . .You are looking for the I-601 for which you must prove that it would be an "extreme hardship" for you the US Citizen if you had to either relocate to live with your husband/fiance or remain in the US without him. . .

Congressman cannot increase your chances of approval in this matter.

A lawyer (GOOD lawyer) is a good idea in a situation like this. You will probably have to go to complete the petition, but you need to confirm this before you leave, as it is quite possible that you have accumulated illegal presence and will have to file a waiver to waive a ban you will incur if you leave the United States. I would try Laurel Scott for a consult.

Extreme hardship is a difficult thing to prove, just don't let him take the parts out about not conceding that you are ineligible in the first place . . .as long as he is sure you do not meet the criteria.

Good luck!

If you did not actually meet the criteria of a CIMT, then your attorney should have documented that well in the waiver, and should probably also appeal the decision of the CO to a supervisor at Montreal. . .they should not require a waiver if you do not meet the conditions. . .this was how I kept from having to file an I-601 even though the CO thought I needed one. . .

No, I'm sorry, the renewal of the I-192 is the only chance unless you have an "emergency" situation. I have heard of another person managing to get humanitarian parole while the waiver processed for an emergency. . . but seeing as the 601 takes a year or more to process, I would say you should go ahead and get another 192 while you wait. It bodes well for your case that you've had 192's in the past and have respected the terms. . . .did you document any of that in your waiver package?

Nope, the time isn't reduced or helped at all by the I-130 processing time. . .completely separate.

My problem was opposite. . .they thought my husband needed an I-601 and it took a while to convince them they were incorrect. . . .we had to file an I-212, and luckily it went through a "good" district office that only took 6 months. . . .unfortunately, Montreal didn't know what to do with that. . .so after five months to get an interview (after 130 approval) seven months of AP, and a few months to get the correction. . .it took them another few months to recognize the 212 approval. There are a few recent Canadian 601's over on www.immigrate2us.net

I am very sorry to have to tell you this. Montreal is one of the absolute slowest waiver consulates in the world. Canadian waivers are sent to the US for processing (Vermont) and take usually just over a year to process. They are also very disorganized and this includes in assesing whether or not a waiver is required or whether someone is eligible for the waiver. Additionally, once the waiver is approved, they are quite slow and disorganized in requesting new materials and issuing the visa.

I wish you luck in the process, and hopefully the processing times will improve for your waiver.

You are going to have to file an I-601 hardship waiver. You should go over to www.immigrate2us.net for more information and attorney recommendations. . . you need a GOOD attorney, this will be a difficult case.

I'm sorry. They tell you that because it is probably going to take quite a bit of time. Did they check mark any boxes on the 221 g? Did they ask for any information? Did they give any time estimates at all?

Did they tell your fiance anything?

Just means that it was reaffirmed after Administrative Processing. . .

The lawyer sounds like a lying crook.

Getting a divorce would prove what the USCIS is asserting (to them) that you marriage is not real. You need to change lawyers and address the reasons that they denied your case in the first place.

Star--

Question. . .my husband is Pakistani and Muslim. Are you Muslim? I am not and it was very difficult to find a mosque that would perform our wedding. . .didn't know if this was something the consulate was counting on. . .

Do contact the Senator, this is a much different kind of AP. They cannot speed up security checks, but abuses of power are more their line of work. Also, do contact the Consular Affairs office at DHS about it. . .I used them more than once too and they were really helpful once you finally got someone who would listen.

never too late, we are still celebrating

and will be for years! I can attest to it! You never forget a succes that is this hardfought!

The military usually has lawyers available, you could try one of them too.

What I told you comes from a lot of research. . .and my own consultations with attorneys.

Clarification: I-212 can be filed:

--(for immigrant visa) with local office over area of deportation if they DO NOT need an I-601 even before interview

--with consulate when filed in conjunction with I-601 (during or after interview)

--(for k1 or k3) with consulate at or after interview, with or without an I-601

It is probably a bit of both. Hind shight is 20/20, but I would not have even tried a k1 (though you may still be approved. . .) a CR-1 would have been more likely to be approved with this history.

As others have pointed out, AP can easily last this long in Pakistan. It is time, though, to start getting on top of things with a Senate/House liaison to do inquiries. Do not let them think you have lost interest.

If he is the applicant and applying to bring his wife here, would he be asked about his convictions?

yup, I misread. . .

Disclose everything, they are going to know anyway(they run fingerprints more than once in the process as well as state certificates. . .) and if you lie you get charged with Misrepresentation and that is a lifetime ban. . .

Not only do they often not know what they are talking about, but also, being the immigrants' advocate is NOT their job. . .always contact a KNOWLEDGEABLE attorney before acting, because none of us here are attorneys. However, having read attorneys' opinions, the adjudication process and anecdotal forum experiences. . .this is how I would advise you.

Run it by Laurel Scott or another attorney too. . .

The decision being "final" means on the FIRST I-212. . . there is no way that an appeal will help your case, because of the lack of 601 issue. . . appealing the decision will do no good, because it was a legally sound decision. You MUST file a new 212 WITH the 601 and hopefully your 601 will be approved, and thus the 212 can be approved.

The 212 was automatically refused based on the fact that there was no 601 with it (even though it says it needed hardship. . .)

The adjudication process for the I-212 is online at the www.immigrate2us.net along with more information on the I-601. . .You are going to have to file another 212 with the I-601 and as long as the 601 is approved, the 212 will be too. Please contact a good immigration lawyer (Laurel Scott, Heather Poole, etc. . .) to help you with this or at least consult.

Good grief. That is nothing short of ridiculous. I'm afraid I would be on the phone with my congressperson with that foolishness.

I agree! You are instructed to not plan anything or buy tickets until you have the visa in hand. I would DEFINITELY be contacting your House or Senate immigration liaison. . .additionally, I would write them a letter telling them about what plans you do have. . .if you have a dress or have reserved invitations, or have someone who is going to perform the marriage, etc, you could include receipts or letters for that too. Maybe they are telling the truth and will go ahead and issue the visa if you submit it, but the congressional rep can help with reminding them you're serious.

Congratulations!!!!!

Interesting question, though I agree with lucyrich. It would be a worthwhile question to confirm with a reputable attorney, possibly a "chatworthy" question for Laurel Scott.

If you don't know what you're talking about, don't give advice that is only designed to scare the ####### out of her.

YES she needs to talk to an attorney. . .

NO he cannot Adjust status without leaving (but she already knew that)

NO she doesn't have to be "in a wheelchair unable to move" to get an approved waiver, in fact, Mexico is one of the easiest (and fastest) consulates to get a waiver from

YES she probably does need the I-824, but only if the I-130 is old and hasn't been worked with in a while. If it was just recently approved, it will automatically go to the NVC, as long as you noted that he was not applying for AOS. If it was recently approved and correctly filed, it will AUTOMATICALLY go to the NVC and to CDJ.

www.immigrate2us.net is the best place for information about waivers, espcially waivers going through Mexico. There is a ton of information on how to get a waiver appt, how to prepare the package, and recommendations on attorneys who have a lot of experience with I-601 waivers. You will need to figure out if he is eligible for a waiver before he leaves the country, don't do have him leave until you know for sure. 601's in Mexico have the chance to be approved in under a week, and it is the only country where that is possible.

I mean re-filing the I-601.