moet72

thanks kitkat, so in other words it could take upto 1 1/2 years for him to get here!! is there a possibility that they might approve the waiver right away after the interview?? i am trying to find all i can because i might move to canada with him instead of waiting for this damn process....the reason our lawyer asked my husband to come as a tourist on the visa waiver progrmme was because he didn't want us to go through the pain of living aprt from each other.

Unless there is some exception based on the fact that the company failed to apply for his renewal, he will need a waiver and will need to wait out the waiver processing time. You can certainly move there temporarily during the process, but this could negatively impact your hardship arguements for the waiver letter, since you are required to prove why relocating to his country permanently would present extreme hardship to you.

No one wants to go through the pain of living apart from each other during this process. But that does not mean that it's legal or ethical for your lawyer to suggest your husband violates US law. In addition, you have the luck and luxury to be able to go there during the wait time. I would consult with another attorney and very seriously consider not working with the one you have. In fact, I would ask him why he thinks it's ok to advise you to do something illegal, for which is could very possibly be disbarred!

ETA: regarding disbarrment: "...two-year suspension for aiding and abetting aliens' entry into the United States and by advising clients to make misrepresentations for such entry. Such an act generally warrants disbarment"

thanks, the waiver time currently is 12 to 18 months as you mentioned.....you have been very helpful, take care

Thanks, he overstayed for 1 1/2 years because he had to wait for his canadian immigration to go through.

It certainly appears that he will need a waiver. At the interview he will be denied his visa and you as the USC will have to submit a letter proving, with evidence, extreme hardship to you if his visa is ultimately denied. Canadian waiver processing takes 12-18 months currently.

Best to consult with an attorney experienced in waivers like Heather Poole or Laurel Scott to find out if there are any exceptions based on the fact that his company failed to apply for his renewal after the first 3 years were over. Also check the 601 forum on www.immigrate2us.net for hardship letter samples and read through attorney Laurel Scott's 601 guidance memo on her website.

thanks kitkat, so in other words it could take upto 1 1/2 years for him to get here!! is there a possibility that they might approve the waiver right away after the interview?? i am trying to find all i can because i might move to canada with him instead of waiting for this damn process....the reason our lawyer asked my husband to come as a tourist on the visa waiver progrmme was because he didn't want us to go through the pain of living aprt from each other.

hey guys,

I am a little confused about our situation and would appreciate all your help, my husband and i met at work in 1998 when he was here in the u.s on an h1 (work visa)...the company we worked for failed to apply for his renewal after the first 3 years were over, due to which he overstayed and applied for his canadian immigration because we were not sure about getting married at that point and due to that reason he moved to canada but we stayed in touch...we got married in jan 2007 in india and i filed for his i130 which is in the process of getting approved, last month he became a canadian citizen and can travel to the u.s under the visa waiver programme, our lawyer is suggesting him to come here on a visit and apply for the adjustment while in the u.s.

I am too confused and do not want to take the wrong step......I could either go via the i130 route which is to wait for the approval and the whole nvc process or i could ask my husband to come to new york and apply for his adjustment from here....any suggestions will be highly appreciated

How long did he overstay?

Visa overstay becomes an issue when the overstay was more than 180 days. This requires a waiver. Has your lawyer discussed this with you?

I also don't think it's legal (or ethical) for a lawyer to suggest that a spouse use the wrong type of visa to enter the US and AOS. If I were you, I would consult with several other lawyers before you commit to working with this one as he sounds a bit shady.

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

ALIENS UNLAWFULLY PRESENT

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Thanks, he overstayed for 1 1/2 years because he had to wait for his canadian immigration to go through.

hey guys,

I am a little confused about our situation and would appreciate all your help, my husband and i met at work in 1998 when he was here in the u.s on an h1 (work visa)...the company we worked for failed to apply for his renewal after the first 3 years were over, due to which he overstayed and applied for his canadian immigration because we were not sure about getting married at that point and due to that reason he moved to canada but we stayed in touch...we got married in jan 2007 in india and i filed for his i130 which is in the process of getting approved, last month he became a canadian citizen and can travel to the u.s under the visa waiver programme, our lawyer is suggesting him to come here on a visit and apply for the adjustment while in the u.s.

I am too confused and do not want to take the wrong step......I could either go via the i130 route which is to wait for the approval and the whole nvc process or i could ask my husband to come to new york and apply for his adjustment from here....any suggestions will be highly appreciated

I think you are right yodrak, i will have the i129 filed today so atleast i won't loose any more time!! my lawyer was actually suggesting me to come over one weekend to visit my wife and then file it form there...i should complain about this guy..

hey yodrak my file along with quiet a few people on this website got transferred to the csc today, any suggestions to what i should do now??? thanks for all your help.

Hi Folks,

After having my case sit at the VSC for 2 1/2 months, I finally got a touch and email notice that my file has been transferred to the CSC for processing since it has jurisdiction now. Does that mean it gets queued all over again as if I lived in California and just sent my I-130 in to the CSC yesterday?

"On May 11, 2007, we transferred this I130 IMMIGRANT PETITION FOR RELATIVE,

FIANCE(E), OR ORPHAN to our CALIFORNIA SERVICE CENTER location for processing"

Thanks for any info.

I can't beleive it!! they transferred our file also today, after 2 1/2 months of waiting they transfer the damn file!! i guess their employees are quitting on them, may be we should apply for a job at the uscis and our files will go through a lot faster !!!

hey yodrak thanks for all your help! just have a question for you, if i don't file for the k3 and wait for the i130 to get approved, how long does it usually take and what would be the next step after the i130 gets approved....thanks

I think you are right yodrak, i will have the i129 filed today so atleast i won't loose any more time!! my lawyer was actually suggesting me to come over one weekend to visit my wife and then file it form there...i should complain about this guy..

I am sorry but i don't know the termanology, do i need a lawyer to file for the ir1/cr1, is it a visa?? how does it work?? this lawyer actually asked me to come to new york, as a canadian citizen i can go to the u.s as a tourist and then a[[ly for a change of status..i am really confused because i paid this guy a lot of money..

thanks for replying yodrak, my lawyer very well knew that he had to apply for the k3 so i could possibly get there sooner!! but he put the blame on one of the girls in his office...anyways i obviously want to be with my wife asap, its really taking a toll on us...we want to start our lives together and have a family soon!!

As for your question of what to do next, I would fire the attorney. You don't need him. Then, forget the I-129F. It's really too late to expect it to do you any good and filing it COULD end up delaying your reunion. Then become very familiar with and use the following shortcuts.

http://www.visajourney.com/forums/index.ph...mp;#entry885374

Pay special attention to getting yourself named as agent of record.

thanks pushbrk! i will look at link and do the needful, i wish i could go get this lawyer!! he is in nyc though...

thanks singh, i really appreciate it! but what should i do next?? should i ask him to file for my k3 now??

thanks for replying yodrak, my lawyer very well knew that he had to apply for the k3 so i could possibly get there sooner!! but he put the blame on one of the girls in his office...anyways i obviously want to be with my wife asap, its really taking a toll on us...we want to start our lives together and have a family soon!!

moet,

Post your question in your own, new, thread.

Yodrak

Hey guys i have a question of my own, i would really appreciate some help....i am a canadian citizen and got married to my long time girlfriend who is an american citizen back in january of 2007, in february of '07 we filed for the i130 and my stupid lawyer forgot to apply for the k3 after getting the receipt of action...i am still waiting any action on my file...what should i do next..thanks

thanks, i just did...

Guys i would really appreciate all your suggestions!! i am a canadian citizen and got married in january 2007 to an american citizen, we applied for I130 back in feb'07 and received a notice of action on feb 21st stating that our application was pending....since then we haave heard nothing from the uscis and today i found out that my lawyer did not file for the k3 either!! any idea regarding what i should do next.........thanks

Hey guys i have a question of my own, i would really appreciate some help....i am a canadian citizen and got married to my long time girlfriend who is an american citizen back in january of 2007, in february of '07 we filed for the i130 and my stupid lawyer forgot to apply for the k3 after getting the receipt of action...i am still waiting any action on my file...what should i do next..thanks