tracymike

Thank you HelloWorld08.. doesn't seem like good news.. just talked with the lawyer.. "an uphill battle"..

What is the reason needed for a waiver?

We sent in our I-130 to California in Feb 08 and our I-129 in Mar 08. Our interview was not until Sept 08. It takes a long time. We are still not together as we have a waiver pending in London since Sept 08. Tracy

Montreal sucks. They send waivers through Vermont who takes anywhere from 10-18 months to process. Most typically we've seen it take 13 months.

Vermont is the USCIS Service Center in Vermont. You will possibly get a receipt from them in the next three months and can track it online on the website. If one gets approved, the other one will be as well.

Thanks for help. Do you know the approval rating? Al

I agree with PB and Jam, immigrate2us.net is where you want to go for better info on waivers. I can't answer your question, but I've seen questions a lot before on this subject at immigrate. Tracy

Guys!

I wanted to ask/find out how everyones I-601 applications are going/went?

I filed mine in September of '08 in order to seek the legal waiver on the vaccine requirments. All very straight forward and uncomplicated. I was told the application would take 12 weeks to review.

By January I had heard nothing so I sent an email off. I got an apologetic reply to say the application hadn't even made it to the relevant department and they would get it sorted asap.It's now june and the application hasn't budged from pending Limbo. I recently retained the services of a law firm to write to USCIS confirming my legal rights in the matter.

That letter arrived recently.We will see if it has greased the skids or not.I have further emailed to make sure this letter is included in the I-601 file.It seems important documents only make it to their destinations if one pushes.I am utterly horrified and mystified at the whole sorry process not mention how rudely ,and with what disdain I was treated with on the day of my Visa interview!

Hi Dooley, We are also waiting on London. We sent in our waiver packet September 08. They did not send it off to DHS in London until January 09. We also are still waiting in pending. I don't know why, but they have really slowed down in adjudication in the last year. Yes, yours seems like an easy one??? Ours is a 36 year old crime and a misrep charge because he came to America in the past without ticking a box to say he had a conviction on a spent crime. I'm all lost on it all. You may want to check out immigrate2us.net as that's where a lot of us that discuss this more. All I know is I've almost been married two years and have spent almost none of it with my husband. My life is a wreck these days and so are my emotions. Tracy

D

Sounds like you might be ok then.

Hi, It sounds to me like you'll be fine and not need a waiver. Even if you do, with what you've said it should be an easier approval. Try asking your questions at immigrate2us.net. They have a lot of people over there that talk about going through waivers. The site is great for finding out about "crimes" and waivers. a lot of knowledgeable people there, I must say. Tracy

"your visa has been denied under section 212(a)(2)(a)(1) of the immigration act A waiver of the applicable is available." This was due to convictions from 13 yrs ago involving thefts committed by the UK citizen when he was 19. (i am the USC).

It will be easy enough to prove he is rehabilitated but I have no idea how to prove extreme hardship. I read the pinned thread and those examples dont really apply to us (no kids, etc). I am so heartbroken I cant think clearly right now. Some people say get an attorney, others on here said the prices are outrageous and one doesnt guarantee anything. I have no idea what to do right now. I am beyond gutted! All my dreams came crashing down!

Has anyone been through this? Is there any hope?

Hi guys, Go to the website immigrate2us.net. A lot of people do their own waivers and succeed. It's not easy, but there is great advice everywhere on that site especially concerning waivers! Good luck and don't give up. They say it's all in the writing and the evidence to back it up. A lot of people succeed without children and near death hardships. But if you do decide to hire a lawyer and can afford it, make sure you hire one that is very knowledgeable about immigration. There are some horror stories out there about the lawyers some have hired that aren't good with immigration!!! Do not give up hope--that site is the one to go to for waivers. This site is very good for the beginning of the journey and immigrate2us.net is very good for the waiver part of the process. Tracy

I am the USC. My finacee is ready to make his medical appointment anytime. Only one problem though. He is depending on his mom to drive him to London for everything. She says the she cant take him for the medical until some time in April. Now, I'm trying to be as patient as I can be but this sounds completely unacceptable to me. He doesnt seem to want to make the effort to find other ways to get to this medical sooner. I'm sure the interview will be as difficult to find transportation as well. (A little background, he's not working currently and doesnt have a car of his own, nor would he drive by himself)

This situation has caused a huge fight between us, so much that we arent speaking today. To me, it seems that he doesnt care enough to get here and be married as fast as possible. He seems content to wait months and months. He hasnt even concidered an option other than his mom driving him. He thinks I'm being unreasonable for feeling this way. So I am I being unreasonable?

I know England has trains into London or some other kind of transportation. Anyone know of a link that I can look at to find the pricing? He lives south of Birmingham. I'm guessing maybe if I send him money, he'll get his #### on a train but who knows.

No I dont think you are being unreasonable at all. Its easy to get to London from Birmingham, loads of trains and even coaches. I live in London and it has been a while since I travelled by train to Birmingham but I'm sure its not very expensive especially if you book your ticket in advance. My guess would be £10. Even cheaper is to take a coach, again very frequent service to Victoria Coach Station. I have to say his excuse seems very feeble and certainly hard to understand! Mike

Under no circumstances can you get married now. We did and we had to start over from scratch and are still waiting to be together. Tracy

Hi sweetheart, I'm so sorry a serviceman has treated you so. We'd like to think that being in the service makes an honorable man, but, men are men the world around. There are good and bad ones everywhere. You are going to have to follow these ladies advice and move on. Yes, it's horrible what your heart has been put through. Yes, you've invested your soul into this relationship. But, darling, you can't make a man love you and quite frankly, like others have told you, you are better off finding these things out about him now. I have heard of women here who have been married with children to men that begin to treat them dishonorably. Someday, it'll be a story you'll tell your grandchildren and it will be a blessing because you'll have met and loved whoever his replacement is, the grandkids' grandpa!!! Love, Tracy

Hi all, Yes, they're are fundamentalist Christians just as she describes that aren't Amish or Mennonite. I have known about these types of believers for a while. Sorry, I can't help, but I'm so sorry for this dilemma. I can tell you one thing though--He's not living as one of these believers--that's hypocrisy in any religion!!!! Tracy

Hi, If someone lies about non important things and with seemingly no reason, that would definitely scare me. I don't trust liars in the first place, but why lie about such an insignificant thing. Trust is so important in a marriage. Good luck to you as only you can decide this situation. Tracy

Nobody's ever bought me one.

Somebody buy me one!!!

NO(, but I want one!!!!!!!!!!!! Middle aged nurse here

Nita, please stop telling them to just get married and start all over again. 130's are taking forever, and these consulates are just plain wrong, and not doing their jobs correctly. If each person who gets screwed over by a crappy CO who doesn't know their job gets the problem corrected. . . then all those poor schmucks who don't find this website, and don't know any better, will stop getting screwed by crappy CO's who don't know their jobs.

Imagine all the poor people who are wasting an extra YEAR, getting married and re-filing and THEN having to wait on the waiver to boot! People who know their rights must fight for them. The law is behind this couple, they need to fight.

HI, Yes, we did this very thing. We did the fiance and then the I-130 both. Takes forever, no quicker. If emt is right, and they've made a mistake.... But, then again, emt, I always thought that Homeland Security are laws unto themselves. Can you really fight them? Anyways, good luck to you and your in the right place for advice here, as, together, we've been through it all!!! Tracy

Tammy, There are no words to express how happy we are for you. God bless your marriage. Tracy and Mike

London has updated the list today and despite entering our 6th week, we are still not on it. When I call DOS, I'm just told the last update was beginning of October and is some sort of AP????????????????

I answered more thoroughly on your I2US post. . .but AP is usually very different from waiver processing and can add a bit of time to your processing. Did they give you any idea of the type of AP?

I've tried every way I can think of to get them to tell me more. They just say that they don't know why or what for, but to ask London. Well, we all know that London tells you nothing, and also, the USC cannot contact London. Yes, Mike has already tried!!!! One told me the last update was October 6th-and the latest stated that he couldn't tell what date, just early October.

London has updated the list today and despite entering our 6th week, we are still not on it. When I call DOS, I'm just told the last update was beginning of October and is some sort of AP????????????????

We're still waiting...

We're now in our 18th week since filing our waiver and I'm very disappointed that they haven't updated the site since 9/26. I'm now in London visiting my husband for my birthday, but I leave tomorrow. I was praying that we would have heard something positive as a birthday present.

Good luck, it's a long wait.

HAPPY BIRTHDAY!!!!!!!!!!!!! Oh, I wish I was in London. Haven't seen my hubby since the day before last Thanksgiving. Funnily enough, when we get to the same timeframe as you, I will have a birthday too. My birthday is near the end of January. I will have some vacation time by then, but will need every dime I have saved (hopefully) for the rest of this process. Yes, that one waiver that they've been adjudicating since the last update must be a doozy! You should hear any time now. I haven't heard of any yet that take longer than twenty something weeks. (have you?) Much good luck sent out to you. Make sure you let us know. Tracy

Hi, we sent our waiver off to London on the 17th of September. They received it on the 18th. We have not received a postcard yet and are not on the list yet. Is anyone else out there with a waiver waiting from London? We just would like someone to wait with or talk to and compare times with.

Life is filled with inequities that will never be resolved.

very true

Deja Vu.

Come on people, stop trying to convince us of your sincerity. People don't fall out of love and back into love within what, a week? This reeks of premeditated fraud. Move on, you won't get illegal advice from us. My husband was denied a visa, and it took him an additional 15 months for us to fight and win the system. This is because of people such as yourself that makes it hard for bonafide relationships to prove their sincerity.

i used to do that at topless bars

Charles! You never fail at lightening the moment. You are too funny!!!

This is getting ridiculous...London updated their site today after more then 2 weeks and moved the Under Review cases to Completed, however there's now only ONE listed in Under Review!! We've been on this list now for 15 weeks and haven't moved. When they told us it would take "up to 15 weeks to review" we thought ok we can wait and patiently we have. Now we're entering our 16th week...when is this going to be complete?

Please, does anyone know the inner workings of the I-601 review process?? How many people do they have working on these cases? How long does it really take to read a waiver packet and make a decision??!!

Hi, Mike and I just sent our waiver in on the 17th of September. They took my money on the 18th of September-according to my account. We have received no official notice and are not appearing yet on the list. You'd think we'd learn after being in this process that nothing ever seems to make sense! But, we hope that this time it will be different I guess. lol You are sooooo close. Good luck and let everyone know please. Tracy

What about DCF in London if she's been there legally for 6 months??? You might want to look more into that option if it's possible.

We looked into this. The London rule is that you must have your indefinite leave to remain, not only reside there legally for six months. This generally takes two years to obtain.

If your calculations are correct and he left the US having been here less than 180 days, then he has not incurred a bar.

He has however invalidated his VWP privileges and can never use it again. Even if wants to come visit you he will have to apply for a visitors visa.

You cannot simply marry him in England. The UK will not issue a marriage license to an international couple without the foreign born individual having been issued a fiance visa.

This is true. I got one. Very easy to get and fast-like a month-but over 1000. dollars

What does the 2007 income have to do with the situation?

What are your present numbers?

It does matter what you made in 2007. We just got turned down and need to find a co-sponsor and i make great money as a nurse. In 2007, I was with my husband in England for over 5 months so my tax return only reflects 61/2 months of wages well below the necessary for three people. I have already made well over the 125% of the poverty level this year. I sent all the proof and a letter from my employer. We were told it did not matter. He was looking only at 2007 taxes and I needed a co-sponsor. Tracy

We finally made it to the US. It's been a long and heart wreching journey. You can see from my timeline that we petitioned for the K1 visa, and failed. We also petitioned for the K3 and almost failed. During the time that I knew my wife I went to vietnam a total of 5 times and have countless evidences, but still recieved the blue paper everytime my wife went to the interview. The only thing that helped our case was that we had a baby and that's about all they looked at. We were required to have DNA testing on my son to verify that he's my biological son. The DNA testing took about 2 months to complete. I went to the consulate and personally turned in the DNA paperwork myself after it was completed, but to my disappointment they issued us another blue slip and told us to come home and wait. It took about another 2 months for them to email us saying that our case has been approved. During that time it was Tet so we had to wait an addition 3 weeks for the visa to be issued. I talked to an Asian American consular officer while I was there, and she basically told me that there's nothing to worry about if there's a common child between the petitioner and beneficary and that I should enjoy my stay in Vietnam. My love is genuine and I did almost everything I could to bring my wife home to live with me.

I know I should have wrote this a long time ago. it's a post that I owe to everyone in here, but to tell the truth everytime I come in here it brings back a lot of depressing memories and heartaches. I remember there are some nights that I post in here where I dont have any energy left for life because it has been so disappointing. I hope you guys can take it from me and be persistent, knowing that if it's true love then the visa will come eventually.

I know what you mean. We are just denied again after a second round also. And they've come up with an additional reason that didn't come up the first time. It becomes so disheartening and feels so futile. I do believe that we can get there, just seems like you have to be able to keep fighting and outlast "them". Neither one of us are young, and most think we're crazy. I have been at the "just give up" point so many times. Then, I get a good night's sleep and remember why I wanted this so badly in the first place! It is so very hard to watch precious time go by when you already know your time together will be limited by age. Anyways, WE're very happy for you!!!! God bless and enjoy!

Hi all. I appreciate all of you in VJ.

Let me cut to the chase here. I applied for the K3 Visa for my wife. Sent the I-130 and I-129F. Got the NOA1 on both and am just waiting for the next steps to come. With the financial support stuff, I have a 2007 tax return, but it is short of the poverty line. I have a letter prepared for my employer to put on company letter head, already talked with her about it, and she will do a good job of it. My pay last year was not good because of some breaks in employment. But now I have a solid job and my base income IS above poverty line this year. In addition, I work a lot of overtime, which almost doubles my income now, and in my letter she will also note that.

My question is, even though the tax return from last year was below poverty line, will my income this year and letter from employer stating it is well above poverty, and my pay stubs I submit as proof be sufficient to override the poor tax return of 2007? I am anticipating wife being approved to come here possibly before I get a tax return for 2008. I just have been worried sick that since last year was insufficient income, that they will only really look at the tax return, and not even consider what I am now earning for this current year. I cant do a joint sponsor... dont have anyone who I can ask that of. Am just hoping that they will see that even though last year was low income, that this current year I am going to have a tax return that will be sufficient.

Thanks for your help.

I also do not meet the poverty guidelines on my last two years taxes, mainly due to the fact that I spent so much time with my hubby in London. Don't worry about it, as long as your current job pay stubs and letter from employer show you as making enough. The real proof will be needed when you adjust status in the states-unless you are going for the CR1. I still think you will be okay. I don't have a co-sponsor, but I make well above the poverty line as a nurse. Tracy