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You need to contact an attorney and your wife needs to contact her Senate or House liaison. You have to take steps to try to get the petition re-affirmed and as long as you've waited, if you're not making a stir, they are going to assume things about your marriage. You need to get active.

It's time to hire an attorney to take a look at your case. You've waited too long for the first denial, an appeal takes more than a year. . . .usually a refile is the best option and you want Laurel Scott or someone else of her level of expertise to help you.

my husband and i knew one another 6 months before i went to get married. I was able to stay two weeks.

also we only have 24 yr difference. Look at our page our pic is there. When you see us we look about the same age because I look very young for my age. Also for his religon everything came back good the lawyer said and that our case looked very good according to these kind of concerns.

I am looking to all the options at this point. We may have to start again with cr1 visa.

This is not going to be an easy fight.

According to a prominent immigration attorney whose writings I've read a lot of, the CO asking for that form usually means they don't know what they are doing. It is *supposed* to be filled out by the consulate but a lot of the time they either send it to you and tell you to fill it out or tell you to find it yourself.

Her advice was to fill out what you can and submit it so that they can fill out the rest.

Good luck!

Anyone who believes religion has nothing to do with it is kidding themselves. . .my husband is Muslim, processed through Canada. . .underwent AP for 7 months. . . .Country does come into play too, Morrocco Embassy being among some of the worst. . . .

Do go for the CR-1, hope to get a different interviewer, make sure to take a ton of pictures and EXTRA proof above and beyond what you had at the last interview. Also, have your Senate or House liaison on standby. Let them know what happened to you last time and have them prepared to contact the embassy on your behalf. I would go as far as telling them about how rudely you were treated last time and if your husband knows the name (or if that officer signed the visa denial. . .) I would check with your hubby to see afterwards if it is the same interviewer.

Do you think you will be able to attend again (financially?)

On the I-94 did he claim to have never overstayed?

If you are certain he did not misrepresent anything, then you need to get an attorney ASAP so that you can get it thrown out. . .if he did, in fact, misrepresent something, then you will need to research and probably hire an attorney for the I-601 waiver. Misrepresentation can be overcome, though it will not be particularly easy.

Carlawala and Kathryn are both right. You will need a waiver and the Canadian Parole does not work for US Immigration, though you can use it as proof of rehab, etc in the waiver. . . and research is your best friend.

Immigrate2us.net is a good place to start and consults with an EXPERIENCED waiver attorney are a must. Believe it or not, Canadian waivers are the slowest in the world. Expect the waiver to take a year to process and you cannot file it until you get an interview at the consulate. It is a very emotionally taxing process, but it can be won.

Good luck!

Please go to www.immigrate2us.net and talk to member "D" she is a moderator there going through the same situation. She recently found another case just like hers and yours on the Juarez forum which was found eligible for a waiver after the 3 years and approved through the "pilot" program.

Good luck!

I don't understand what you mean "sign in failed."

They probably didn't give you the tourist visa because of the US PR link and the old asylum application. . .often they will not issue tourist visas if they assume someone has immigrant intent, which obviously she does. That is probably why she was denied the tourist visa.

If the CO is truthful and your story accurate, then probably she will not need a waiver, however, you need to do a consultation with an EXPERIENCED attorney so that they can review all aspects of your case. . .things we cannot see or evaluate. Since you had court cases and applications pending, there will probably be no illegal presence, but we cannot make that determination like an attorney can.

Laurel Scott would be a good one to consult about this case.

Before you leave!!!!!!!!

How long have you been in the US since your last exit? If more than 180 days past your 6 months allowed, DO NOT EXIT! If more than 180 days, consult an attorney and just do AOS.

Consulates won't always answer and usually take longer than the DOS line. The DOS line is for the super hyper of us who just cannot wait 7-14 days for a consular email. Consulates send their updates in "the system" to DOS as they make them or soon thereafter. You're getting information that may have a little bit of a lag, but is immediate "I just talked to a person" answer.

Definitely AP, but luckily it *usually* takes less time for India than other countries. The fact that they kept his passport is also *usually* a good sign.

You need to go ahead and renew the passport. They are not going to issue the visa on a passport that now only has two months of validity. . . .I don't even know why she pretended, which is what it sounds like she did. Everything you read says they WILL not issue the visa on a passport with less than 6 month validity.

Call the Dept of State first and make sure it has not already been issued just in case she was telling the truth

202-663-1225

As they said, more than six months, less than six years!

six months is just the estimate for the waiver. As he said, the DCF (Direct Consular Filing) could take a few months and then possibly added time for Administrative Processing (AP) lots of applicants from Pakistan go through that (my hubby is a Pakistani with Canadian citizenship, he didn't get stuck in name checks but still had a different type of AP for about seven months.)

Just make sure to read about EVERYTHING beforehand. There are wonderful DCF guides here on VJ and wonderful waiver guidelines on www.immigrate2us.net

You should go ahead and file. Since you are there legally you will be able to DCF which is REALLY fast. . . after that, the waiver for ISL has been going through New Delhi lately and taking less than 6 months to process.

momof1 is right.

As for the other advice, DCF is definitely the fastest way to proceed, but unless you are considered a RESIDENT legally in Pakistan, you will not be eligible to do so. There are people who've lived in Pak for years and still were not eligible to do DCF. You can find information on that process here

The link they provided to www.immigrate2us.net will also provide priceless to you. There is a lot of information there, sometimes attorney authored, on the process and requirements in case you really cannot swing an attorney at all. Please do your homework while the I-130 is processing, you won't have to file the waivers until the interview.

If it has been more than 12 months since the medical exam was done, you are going to need a new one. . . police certificates too. . . . Did they call or write you for the passport or just tell you in the email? Have you received anything from them since the approval? The email is not normally the correspondence you get for the passport/medical exam/police cert request. . .

it varies.

Question: did you submit a waiver for the 221g?

I agree that her post is confusing, but it does not appear that she needed a waiver, just that her case was under Administrative Processing.

wow...

Honestly, you wont find too many happy people to see you eligible for a waiver when your SO came illegally. Especially when 95% of us took the time to go through immigration the correct and legal way.

She IS doing it the legal way, he is LEGALLY eligible for a waiver.

Good luck with the waiver.

Yeah, you definitely don't want to write/call the consulate directly every day because they do "slow down" sometimes if pestered. I used to call the DOS line several times a week and email the consulate every 4-6 weeks, until I got a congressional/senate liaison involved then I adjusted my times to complement their monthly inquiries.

Individual Congressmen do not have the final say in these matters. Congress makes the laws, DHS follows them. If something goes wrong with the case, Congressmen can help facilitate a correction.

There is usually no second interview. Sometimes you have to submit new police certificates/medical exams along with your passport.

You need to contact an attorney and get more information on what papers she was given when released by officials. It sounds like to me that she was given a notice to appear in court. Since she did not go, it is likely she has the five year bar from applying for not attending court proceedings. Additionally, she was probably deported in absentia when she did not attend. If this is the case, she will not be eligible to apply for the 601 until she has been outside the US for 5 years. This is not universally enforced, but I think Brazil is enforcing it. Please check out immigrate2us.net to find others who have gone through Brazil recently.

Seriously, get a lawyer.

If they've completed all of your checks, etc. and have re-requested the passport it usually takes less than 2 weeks to get it back.

You should consult an attorney because we ARE NOT experts and could have missed something that an attorney can help fix. The caselaw that allows a spouse to AOS even in obvious cases of immigration fraud like this specifically shuts out other relatives HOWEVER, I am not sure that it will shut out parents completely because they are usually considered immediate relatives. You need a GOOD attorney who is very experienced with this particular piece of caselaw to help you *in case* it can be fixed. I recently read an attorney's answer to an IR1 question of this nature who would probably be helpful in your case.

Lizz Cannon, out of Boston. . . immigration law is federal and it is VERY easy to work with an attorney who isn't necessarily in your city. She does a free consult, you could try that. . .

let us know what happens. . .good luck.