Used to be broken

My husband is from Belarus and flew through Moscow with expired passport.

At the Moscow Airport my hubby was charged exactly the amount of money that he had in his pants pockets which he had been directed to place on the table. He had to concoct and sign a "confession" which they would read and tear up and make him write another one for a couple of hours. They did call his consulate and they had to come down there.

Never really sure if he got "deported" because they didn't do any other paperwork than the "confession". My take, they just need an excuse to shake you down, and like previous poster said they just want some cash.

Traver Tip for Moscow Airport... regardless of your docs in order or not ...don't carry too much cash on your person in case you get fined for something.

Hi all. My situation is as follows. I'm a US citizen in the military that just moved back to the US from Germany... my wife is German and is currently remaining in Germany to finish school and wait out our pending Visa application. I applied way late since we were married in early August, and I only mailed my I-130 application in February...

Brian,

Not sure about your wife visiting , its expensive if she gets turned back at the border and tough to get in if she doesn't have a return ticket. Did you use the Military assistance program to help with the paperwork? It seems I read some things about a faster track for military families.

Also I saw multiple posts from you on the same issue, this board frowns on that.

RE: Staying overnight in Poland. In our case we are an I601 waiver situation so he did not expect a VISA to be issued so planned on doing interview and leaving the same day on return train to Belarus. Interestingly the VISA person at the window told him when he asked about just getting a tourist VISA that he would have to have a pre-paid hotel reservation in Poland.

That is why I suggested the alternate route for the VISA appointment for citizens of Belarus to simply get a tourist VISA and have in hand the train, plane or bus round trip tickets and hotel reservation copies in hand. As I mentioned in the past we have had no trouble with Polish VISA or other Schengen country VISA's for tourism before.

Sadly we believed that a one day VISA with a stated purpose of attending a VISA interview at another Embassy would be sufficient evidence for the Polish Embassy. I think they are used to seeing the "old school" type of invitation letter from the US Embassy in Warsaw and not the NVC notice. My husband said they even made comments about the size of the paper which I have noticed in Eastern Europe is slightly different from US 8 x 10.

I am not sure why they would interfere or care what type of VISA he was interviewing for at the US Embassy it seems they simply do things the way they always do them and cannot psychologically accept a new process. They did tell him the US Embassy knows what they are supposed to send so it kind of ticks me off if they know that they don't automatically generate a Invitation letter for Belarus citizens since they know they will need it for the VISA.

I will update the new process for VISA applications for Belarus citizens once we figure it out since it is supposed to go online application next week.

Citizens of Belarus a little tip for you. If you have a VISA interview scheduled at the Polish Embassy in Warsaw you will need an "original" Invitation for the VISA interview in Poland at the Warsaw Embassy in Poland. My husband went to get his VISA using the letter from the NVC which was emailed to both of us and no hardcopy of invitation was ever sent to him from Warsaw.

After 3 days of standing in line he had no success with the folks who work the VISA window and even though he went back and printed out the document in color thinking perhaps they just wanted to see the logo of NVC in color they then asked him for the envelope. Also they want the invitation translated into Russian. I know its the Polish Embassy but that is what they asked for.

So you will have to contact the Warsaw Embassy and ask them to mail a hardcopy of invitation to your spouse/fiance in Belarus if they plan on making the trip solely for the interview. They state on the website it takes 8 days to hear back from them, although it took them four to answer my email inquiry. I have found it impossible to contact them on the phone.

In our case my husband was taking the overnight train and returning the same day after the interview. It takes 10 days from the day you submit VISA request to day VISA is delivered at the Polish Embassy. Since we did not know the Embassy would not accept the electronic documents we are going to have to request a new appointment date.. God only knows how that is going to work.

ALTERNATE PLAN: If you don't want to have this hassle plan a "vacation" and request a tourist VISA instead. In the past we have had no problem getting tourist VISA to Poland which requires application and return tickets plus copies of hotel reservations information and itinerary.

Oh and if things are not confusing enough they will be changing the entire VISA system and require applications online effective next week so good luck with that if you have interviews next month.

You can try a couple of things: ask politely if they could expedite the process at the Polish consulate, obviously they do have a lot more work now since Poland is in the Schengen zone; if they ask for the "original" present them with what you have, obviously it is the original...and if they still have doubts check if your case number is listed on the US embassy in Warsaw website (under immigration visas) as scheduled for the interview. It should be a proof enough that he is going there for an interview....Hope you get a reasonable person to deal with at that consulate.

Thanks , he was there today and to put it politely they are not "reasonable" , and they insisted that he needed the original so I told my husband to find a color printer and print it on that. Our case number is not on the website it still lists May appointment dates.

I emailed both consulates the Polish in Minsk and the US in Poland and attached the packet I got from NVC. I asked the US Consulate in Poland to Fax a copy of the appointment letter to the Embassy in Minsk.

*What kind of ticks me off is that I asked NVC to schedule him in Moscow so we would not have this problem with VISA's.

Having visited this part of the world several times I can say they love their bureacracy. spl?

My husband went to Polish Consulate in Belarus to request a VISA for his interview at Warsaw Embassy on June 8th. The person there asked for the "original" of the Invitation /Appointment letter. The entire Packet 4 was emailed and we never got a hardcopy. Since there is no "original" what do you folks suggest? We need to get the VISA in the next couple of days apparently the person at the Polish Consulate says the VISA's they are working on this week are for first week of June.

My husband went to Polish Embassy in Belarus to request a VISA to Poland to attend his VISA interview (spouse) on June 8th. The person at the counter asked for "original " of invitation for the interview. Problem is Packet 4 was sent to us via email from NVC and there is no "original" to submit.

Any suggestions?

Thanks a lot guys for information and advises! Alla, big thanks to you-your posts are very hepful and very informative! I have one more question. My wife didn't use fake ss#, didn't worked illigally, but she did watch one family's kids occasionally for some period of time and they paid her. Do we have to mention this on interview if they'll ask her if she worked while being out of status?

Newbie,

First of all welcome. I always advise anyone with stakes this high.. two kids who could be separated from parents to GET A LAWYER that is a specialist in this. This weeks NY Times had a story about a guy who was detained while waiting for a green card. It appeared to me the couple did everything correctly. Be advised that once they know she is here, it could go either way.

strict reading of VISA rule trips more couples

They do continue to ask and it does sometimes correlate to an approval, but not always . . .sometimes they are just preparing and have no idea of the outcome. Really, you can't read into it.

I601's take anywhere from 3 day approval in CDJ to a year or more. I would look on bright side and presume if its been 6 months that it is getting close to approval time. :0

i called today and they said to call back after 30 days because they have so many cases . and the congress office turned me down , i want the whole world to know my story

I am not following the "story" so I don't know if that is the problem. You have mentioned 4 years in i130 processing? Have you contacted an attorney? It appears from your time line you submitted 2 different petitions, 129F and I130. Maybe that is part of it, and hate to mention this possibility but the person you are trying to bring here might be on a security list, and cannot be cleared ?* Submit a FOIA (freedom of information act) request and contact an attorney so it won't be another 4 years.

Good luck

*or has the same name as someone on the security list that cannot be cleared

I think if you plan a long term relationship which we assume to be true if you plan to marry, then it is advisable to marry anywhere but the US. If she leaves and you marry outside this country it takes much of the "heat" of the perception of fraud off of her and consequently you.

You then have to deal with the bar, it will take at least a year maybe more to process your case because if the heightened scrutiny and her overstay. If she worked here it will be a negative as well. Be sure to carefully document your relationship for "evidence" that will go in the waiver packet you will have to submit.

The standard for the waiver is "extreme hardship to US Citizen or LPR Spouse or parent. Might want to look into the parent angle if one of her US Citizen or LPR parents is old and needs daily assistance, or is extremely old or ill, it could be a hardship that is approved. You have to take a realistic look at your overall situation and ask, "is something in my life or my spouses's life a significant burden? Are your finances a wreck? Are you in the middle of career training, or in some special job category that benefits the United States? Seek a lawyer and get to be familiar with what hardship approvals are most commonly approved at your wives countries Embassy, or NOT approved to assess realistically what you are dealing with.

Its not easy and its life changing as one poster has said, bottom line its not picnic, its expensive and lengthy and so not-romantic. If your relationship is not rock solid, don't enter this process on a ####### shoot, its way too emotionally taxing for that.

I don't know much about voluntarily entering into proceedings while you are in the US, however it carries risk that should be carefully weighed. In these cases it is not uncommon for the interview appointment day to be the day they detain and prepare to deport your loved one. Be fully prepared and take an attorney with you to any appointment with USCIS or any other department of homeland security or embassy entity. Expensive but they can arrange a voluntary depart on the spot vs having someone in the slammer who is being shifted to a half dozen detention centers across the country. If you think getting an answer out of USCIS is tough try getting one out of ICE.

Be careful, do not make any decisions on this matter without talking to an Immigration Attorney, and you don't need a "good immigration attorney, you need a BRILLIANT Immigration Attorney.

Good Luck

You can't e-file if your spouse doesn't have a SSN.

Thanks for playing? Nobody is playing here tough guy.

There was a post that said something about e-filing without having a SSN. Now it is gone.

Maybe I should have elaborated more, but I was simply saying this late in the game, you can't e-file without a SSN. The form won't let you. ITN is another story.

If I or someone is incorrect or missing some information, then just bring it up.

We are trying to help each other get the correct information. Not trying to look cool with smart #### replies.

Who said I was a guy? I am hardly tough... and now you are saying I don't look cool?

I spent a lot of money on these shades.

I was trying to too, try not to take me so seriously

I would say that it is generally true you don't need the I601 on AOS because its a wavier to return not cancellation of deportation, however that would be only if you have never been on DHS or ICE radar before. If you are in any type of proceedings ...get an attorney it could be bad. For example have you tried to extend your VISA since you have been here?

I came to US in 1995 on a tourist visa when i was 11 years old. Later on my mom filed paperwork asking for asylum. I don't really know what happened with our papers but apparently my mother didn'up for our hearing and they issued an order of removal on us. I was a minor and had no idea what was going on. In 2002 i voluntarily left US. 5 years later i married a US citizen in Kazakhstan and we filed for the CR1 visa. A year later we had a child. On the day of the interview the consul told me that i can not enter the country and i am banned for 10 years. So we came to file for the 601 waiver when they told us that we don't need it, cos they made a mistake and i don't have a 10 year ban i have a 3 year one and it's past already. But i need to file for the 212 waiver. So that's what we did. We filed the 212 on November 9th 2009 and 5 months later no answer. My husband is currently in US cos he has a job there and i am in Kazakhstan with our child.How long does this process take? Do i even have a chance in getting an answer? We stated in all the paperwork that i was a minor and didn't even a have a passport of my own. I call the embassy and they tell me that i need to call the office of detention and removal in NYC. My husband called them several times and they say that they don't deal with this kind of papers. How do i find out the case status?

Thanks in advance

Start by you husband emailing the Embassy where you filed the I212 paperwork.

Your husband should consult an Immigration Attorney on his end and ask for an "advisory opinon" on the I212, and he should also consult his State Representative if you attorney says that you should not have a bar. Seems there is some confusion as to how you left, removal in abstentia which can cause a bar, but if you were under 18 it might not have the same legal effect as an adult.

i am from india and my fiance from England

If the ink isn't dry on the divorce certificate, and the new fiance is connected in any way to the old fiance or the same marriage broker it might raise eyebrows. I think the best way to gauge the problems one might encounter is to ask yourself, "if I was the consular officer would anything in this paperwork packet raise a red flag to me?" If the answer is yes, be prepared to answer the questions you would be asking if you were the consular officer.

The question in my mind is if you are asking as the petitioner, then you must think its too soon or something else might raise a red flag? Is there something you have left out of your post?

You can't e-file if your spouse doesn't have a SSN.

You can file E-file if you spouse doesn't have a SSN and they do have an ITN. Got my refund check already. But thanks for playing

Also if your spouse is not a resident alien you will not get any stimulus checks or rebates.

Sorry, perhaps I should have given my comments broader context.

We already tried Canada earlier this year, but her tourist visa application was denied. So for me, it's $200 and that's it.

What was the issue with the Canadian Tourist VISA if you do not mind my asking? I am tired of going to Europe and thinking Canada might be an easier choice for me on my end. Share your experience and what you sent in on the tourist request if you do not mind, and reasons if any they denied the VISA.

Hi all,

After much reading, and getting the K1/I129F package out seemingly correctly(NOA Feb 22, VSC), I'm trying to get us prepared for the next steps.

I know what I will need to get to her - copies of our entire package, and she will bring some added 'evidence of relationship,' although I will most likely be there myself as 'proof', etc, but...I'm finding it a bit vague regarding the contents of Packet 3 and Packet 4. I know she will have to get a police report, which she has done previously for work, and the Embassy site says 'recent' - no qualification. Is 3 months 'recent' enough. or does she have to wait to receive packet 3?

I *think* that her medical will actually be done in Warsaw - is that correct/can anyone confirm?

Is it better to have her just go ahead and get her vaccinations in Belarus now, or will they offer them at her medical?

Basically what I'm finding is it seems each consulate makes their own somewhat arbitrary 'rules,' which seems pretty bizarre. She has had plenty of Visas before for work, so much of it isn't new to her, but obviously considering the fact we'd like her to be coming home without issue or delays, I'd like for us to have as much of the work/papers done before she receives the Packet 3.

Also, what the heck is Packet 4?

Last one - is there some arrangement of some sort regarding a Polish/Shengen Visa once her interview is scheduled, or does she go through the usual process for a Schengen with the Polish (or other EU) Embassy?

Thanks - it seems there aren't many here with their other halves from Belarus, but I'm hoping..

At the point you pay the fees in the NVC process tell her to go ahead and request her Police Certificate. It takes a couple weeks and she can mail them to you with all the other civil documents she needs on the checklist, then you can mail it all together to the NVC.

Would not worry about the medical until you have some word from the Embassy in Warsaw , there is a doctor in Belarus listed on US Embassy Website in Belarus and Poland. Getting medical in Belarus makes sense since presumably she will have easier time getting around Minsk than Warsaw. Not sure about vaccinations she probably has a immunization record from Belarus and might not need any.

As for VISA same hassle as any other EU trip, and might be tricky timing since Poland is a bit of a pain, and you will likely not get sufficient notice from Warsaw to apply for VISA in time for interview. There is additional problem in Belarus as during summer line for VISA for Poland is very long and can take a couple days to even get an application for appointment. Might want to use a travel agency for this to stand in line for her, but you need to be clear in the application that she needs to go there for US VISA interview at consulate not tourism to Poland.

You really have to keep an eye on this. Maybe you can request a VISA for a general period of time covering the 60 day window you think your interview appointment will fall into. There is some information on the WARSAW website regarding this situation. It suggests getting mulitple entry since you might have to go back more than once, however in reality we have found its hard for Belarus citizen to get a multiple entry VISA to EU but have been successful in getting single entry.

I am very sorry for your situation, but sadly you have no constitutional right to family unification. Simply put, the consitution does not state that you have that right.

I suggest you consult Laurel Scott, she offers free immigration chats on Wednesdays to figure out what, if any, your options are

Also, immigrate2us.net is a great site for inadmissablility and bans

Good luck

I would disagree with this statement, the Constitution and the bill of rights does address free association and there are court cases that support a right to family unity.

That said USCIS and the State Department do not recognize this and Congress has put laws in place that interfere with these US Citizen rights. Some day we might see a court case to deal with Mixed Status family rights. In the meantime a good attorney would be the best route to family reunification.

Hi There,

I received a letter (i-272) approved I-212 the other day. All it mentioned was I need to present this letter each time I apply for addmission at a US port of entry. (No Timeline- or any further info) . I have no criminal record, But I got a removal order in my absence (I had already moved back to Canada before overstaying my visa but unfortunately I didn't inform USCIS, stupid of me thinking they will know when I crossed the border) making long story short, judge bared me (in my absence) from re-entering USA for 10 years!!!! I am thinking of hiring a lawyer and appeal my case. But meanwhile my application I-212 waiver got approved . Now my question is : Do u guys know how long it is good for? and if I want to cross the border do I need any other documents? Where should I contact to get this information before crossing the border.

Thanx alot!

P.S. If anyone knows any good Immigration lawyer located in Vancouver in regards to my removal order , I'll be gratefulllll

Not sure what you are asking. If the I212 is approved you should be able to apply to re-enter. Is this for an immigrant VISA or a non-immigrant Visa that you want to come here?

I am an U.S citizen for many years. .............. All i have to is doing the paper work in the U.S and she will get her paper over a period of time, 6 months or so.?

Read this article before proceeding on your own ...

My link

This is short excerpt;

Immigration attorneys have an obligation to ask the proper questions before beginning a new case. I recommend that immigration attorneys have potential clients complete a multi-page consultation form before interviewing them. The attorney and the client should discuss the case in some detail before formulating a strategy. Attorneys should remember that we are the immigration experts, and that our clients do not always raise the right questions. We are not merely paper pushers. We are professionals charged with fulfilling our clients' wishes to the best of our ability.

- This article originally appeared as "Practice Pointers: A Good Attorney Asks a Lot of Questions - 15 Bender's Immig. Bull. 201 (Feb. 1, 2010)"

If you have a data plan, and your phone isn't an iBrick, download Nimbuzz. You can haz Skype with that

Maybe I am operating in the dark ages, but I bought a Skypeout plan and can call Belarus cell phones with it and like other Op mentioned it goes to my spouses cell phone, and then if he is home can choose to call me back on computer for Skype to Skype free calls,

On my end I have a Skpe-in number about 30 bucks a year and it pushes the incoming calls he makes to me on Skype to my cell phone so I am not tethered to the computer.

If you have a computer you leave on all the time you can also get a gadget that lets you install a normal landline phone and use Skype as a home phone as well with the Skype-in number.

which is overall better K1 or K3 (CR-1?)

What are the advantages and disadvantages of each?

Thanks

K3 Spouse, less steps, quicker employment authorization and less expensive, appears processing time is the same.

Hello Again,

Each time I call the embassy in India to get update on my wife visa they tell me that our case is pending waiver approval from New Delhi. However, we have submitted them a copy of waiver approval from N.Delhi and then embassy gave us letter asking my wife to bring require documents(medical, police report, etc) and come for interview which she did, and bcz of the missing affidavit(I-864 & I-864A) she was ask to submit it at local VFS with passport which we have done so. However when I call the consulates the officer says that there system shows that they are waiting waiver approval from N.Delhi, I am told the officer that we have submitted copy, have been through the interview, and have submitted our documents with passport to local VFS office...she then only tells me that our case is pending.

Is this normal? How can we ask the consulate to fix it? Can we also ask the embassy to issue visa on the passport at earliest because I wish to take my wife back with me to the USA and my visa are going to expire along with my maximum six month stays. Is it possible to request embassy to issue visa on her passport so we can travel together will they accept the request?

Thank you all.

No they will not honor that request. She will get the VISA in their own sweet time. You may have to go back before your VISA expires and your mate will have to wait and follow you.

Yes, the waiver has been approved. However, when we called the local embassy they told us that they are waiting for second approval. What do they mean by "second approval"? We are not getting any clear response.

I don't think they can officially approve an application that is missing documents. So the waiver sounds like it is approved and the financials they requested have to catch up to the file for final approval.

Email the consulate that approved the waiver and ask if they got the documents you submitted locally. When they complete it they should send the VISA to the consulate in the home area. This is going to take some time. Don't let it go too long, stay on top of it but don't freak out.