TracyTN

No, you're certainly not alone. Hubby has had the same troubles that your husband has had. He was a cab driver at Heathrow for the past 15 years - a job he actually LOVED - but as you can imagine doesn't 'translate' so well over here. He finally decided to start his own business repairing computers (something he always did 'on the side' over there) but as you can imagine, it's been hard building up a clientele.
We're lucky in the sense that I have a decent paying, stable job - but it has been really hard on him to feel that he doesn't contribute more than he does ($ wise). I try to tell him that cooking, cleaning, yard work AND the soon-to-be Mr. Mom role he'll be taking on is MORE than enough - but I know that has to hurt his male ego anyway.
I always knew him finding a job would be the hardest part of him emigrating - sometimes I wish we could warn impending immigrants of this because I think it's woefully underestimated. Feeling like you're contributing (esp. for a man) is important to overall happiness.

Band/banned (?) for life - I'm not sure what you can really do to overcome that. The fact that his ex 'forced' him to do it isn't likely to fly as an explanation. I'd seek an attorney and ask, but it seems like a dead end to me. This is something they take very seriously.

Band/banned (?) for life - I'm not sure what you can really do to overcome that. The fact that his ex 'forced' him to do it isn't likely to fly as an explanation. I'd seek an attorney and ask, but it seems like a dead end to me. This is something they take very seriously.

I never said anything disrespectful to you, that I'm aware of. If I did then I apologize.
You made a statement about a case for which you have personal knowledge, and that statement conflicts with what I've learned about immigration law. Further, it has the potential of scaring the ####### out of everyone who has been out of status and is now going through the adjustment of status process. I'd hate to see people lying awake at night in a cold sweat for fear that ICE is going to knock their door down at any moment and haul them away to jail. ICE simply does not do this with people whose adjustment of status is pending because, technically, they are no longer out of status. There is an anomaly in the case you described, and instead of explaining that anomaly you just insist that you are right and I am wrong. If that is the case then please point out how you know this to be true, because there are dozens of people on this site alone who are presuming that they are not at risk of being busted by ICE because they've submitted their AOS petitions and those petitions have been accepted by USCIS, in spite of the fact that they were out of status before the petition was submitted. This question comes up in the AOS subforums at least a half dozen times a week, and the chorus from the members is "Don't worry. You get temporary legal status while your AOS is pending". It now appears, because of your ex-husband's cousin, that we've ALL been wrong.
If I am wrong, then please prove that I am wrong. Show me the law or USCIS/CBP/ICE policy that makes what you've said true. I make mistakes on this site often, and I accept it graciously when people point it out. I'll do the same for you when you prove I am wrong.

An overstay of 8 years means he currently has a ban from the US of 10 years.
You're right in saying a 601 waiver must be filed (once the visa is denied) - that waiver must prove an extreme hardship to you, the US citizen, if he is not allowed to emigrate. Crafting that waiver in a way that will get it approved is tricky, and not something I'd do alone. I would find an immigration attorney with experience in 601 waivers through Columbia to help me. That's about the best shot you've got.
Whether or not that takes 2 years, I'm sure I don't know. Seems a bit of a long time, but I suppose each consulate could have different wait times.
Edited to add - I disagree slightly with the poster who suggested this could be easier on a CR1. You'll still have to overcome the ban and have a successful waiver no matter which visa type you pursue.

I don't mean to be rude, but it seems to me that if you had done even the smallest amount of research when you were filling out the initial paperwork you would have read somewhere that you need to show joint account information at some point. It does not matter how silly you think having two names on the bill is or not, it's what the USCIS requires for proof of a REAL marriage. This process is no joke and most of us have gone through the paperwork tirelessly to make sure that we did not make a mistake and waist time, loose money or god forbid get denied and have to live apart from our loved ones. Please, from here on out pay attention to all the requirements. I really am sorry you got a denial and I hope you do find some documentation to verify your marriage, like medical records etc. The records thing actually seems like a good way to go. I just had to give you some tough love here. Hope it all works out in the end. Let us know.

People do plan for this process. That's actually what the entire website is about.
I'm about to call you out now and I am sure you are not going to like it.
What you and your wife have done, in essence, is misuse the J1 visa she was granted. The purpose of her residency was to come here, teach, and return home.
So in essence, you and she are the ones who did not follow the plan.
However, even in that circumstance, the government allows her to file a waiver asking for forgiveness for having gone against the plan. Your problem is you are pi$$ed off about that. I actually think you are quite lucky to have the opportunity, given the fact you have broken a promise to the US government.
You are entitled to NOTHING from the US government insofar as your marriage to your foreign born spouse is concerned. So, the sooner you get that chip off your shoulder and do away with the entitlement mentality, the sooner you will be able to go about accomplishing the task at hand.

I'm not normally one to attack spelling/grammar in a post, but I have to admit that it's surprising to see
(rather sophisticated language, even if the spelling's a little rough)
in the same post as
Which is very difficult to parse.
I suspect it's far more indicative of your general state of being, considering that you follow it up with:
You're an angry, angry person, and I'd wager that it has almost nothing to do with your situation.
You ask us not to respond to a thread that you posted, unsolicited? Odd.
What's unjustifiable about policies that state "you must follow our rules to be in this country legally?"
The "melting pot" concept you toss out there doesn't include ANYTHING about whether there are rules concerning said "melting" or not, just that our country is better off for the contributions of the different cultures that are represented here BY THOSE WHO FOLLOW THE RULES.
I'm sorry you got your wife pregnant before you understood what you were doing. Like it or not, having a baby requires the parents to assume certain responsibilities, and you've clearly failed to understand those appropriately. That's not the fault of the US Government, or anyone other than you. Complain all you like about the "system" but the "system" didn't get you married or conceive a child without understanding the implications. Your wife SHOULD have known that she had a 2-year home residency requirement, and if she didn't disclose that to you, then your issue is with her. Or with you, since you didn't try to sort that out in advance of marriage, or childbirth.
By comparison, if you walked into a buffet-style restaurant, and just started eating the food in front of you, and then got angry when you were expected to pay for it, whose fault is that? The "dumb system that doesn't work"? Or the person who wasn't observant/careful/smart enough to figure out that there are rules about how things are done?
The good news is, there's a chance for getting the waiver. The bad news is, having a baby isn't normally a strong enough reason to get one.
You're clearly not interested in being reasonable or rational on this (what are the implications of letting absolutely anyone become a citizen simply through marriage/childbirth? You don't think, with regard to national security or anything else, that there's an element of danger or foolishness there?), which is fine, but don't then try to pretend that you're the only sane one, and the rest of the world is crazy.
Sorry you're in a bad spot - a lot of us here are. But ranting and raving won't fix anything, and you're not going to win much help here by telling us all that we're stupid for following (or even believing in the justness of) the rules that are in place...
Good luck. I suspect you'll need it, and not just with this...

Ok, this makes a HUGE difference! This is not the same as having the approval of the petition revoked. Your petition was administratively closed. There may still be a P6C marker in your fiancee's file, but at this point it amounts to only an accusation by the consular officer. It's not a finding of fact unless USCIS makes a decision, and it appears they've decided not to do that - at least not yet.
The California and Vermont service centers have a history of handling returned petitions differently. The California service center was routinely closing returned petitions without adjudicating them, citing that the petition had expired, and saying that the petitioner was free to file again. The Vermont service center was often adjudicating returned petitions and either reaffirming them or sending out notices of intent to revoke or deny the approval (called a NOIR or NOID). It seems unusual for them to sit on a returned petition for two years before deciding to close it without adjudicating it, but anything is possible. California has recently changed their tactics, and they've been issuing NOID's on the second petition, citing the consular officer's reasons for denying the first visa application. This is AFTER they sent the petitioner a notice that the petition had expired, and they were free to file again. So far, I've only heard of one case where a similar tactic was used by the Vermont service center. It's possible they may be standardizing tactics between the two service centers, though.
Anyway, there are a number of possibilities here.
The best possible scenario is that USCIS will not issue a NOID on the second petition, it will be approved and forwarded to the consulate, and your fiancee will get another shot at a new interview. Hopefully, there will be no P6C marker in her file, and no hardship waiver will be required.
You may receive a NOID on your second petition. The reasons cited on the NOID will be the consular officer's reasons for denying the first visa application. You will have a limited time to respond to this NOID, but you MUST respond to it. If you do not respond to it, or if your response fails to convince USCIS and they deny the petition, then the accusation by the consular officer becomes a finding of fact - your fiancee is found to have committed fraud, and is inadmissible for life.
Immigration attorney Marc Ellis has started a thread about this tactic here:
http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/
Another possibility, which is potentially much worse, is that the petition will be approved and forwarded to the consulate, but the consulate will refuse to take action on it because of the P6C marker left over from the first petition. They'll sit on the second approved petition waiting for a final decision by USCIS, and that final decision will never come because USCIS closed the first petition without adjudicating it. Apparently, some people had to actually sue USCIS in order to get out of this limbo state.
But, as was said before, an inadmissibility is an inadmissibility. It makes no difference what kind of visa the applicant is applying for. If there is a P6C marker in her file then it will eventually have to be addressed or a hardship waiver approved before she'll get a visa.

This is a case of "entered without inspection". Your friend entered legally and overstayed. It's like night and day, not even similar from an immigration process standpoint.

Even if she had gotten it, it is no longer valid proof that she can accept employment. She actually needs the physical EAD card now for an employer.
This thread may help:
http://www.visajourney.com/forums/topic/180237-is-a-k1-authorized-to-work-without-an-ead/

Well if you had prepared a sponsorship packet, you would remember, yes? You have four or five days to get everything you can, for both your own packet and for your joint sponsor's packet. Contact your joint sponsor and see if he can find his tax returns and w-2s and anything else on the list and ship them overnight to you. You both need to print and fill out a I-134. Your joint sponsor also needs to include proof of identity--a copy of his passport bio page is fine. Get researching this right away and make sure everything that needs to be in that envelope, that you and he are able to gather, gets in there.
Your fiancee likely won't pass the interview without the sponsorship materials. I don't want you to freak out more than is necessary, but in my opinion it may be necessary to freak out a bit and turn into a one-pointed-focus, fast-moving sponsorship packet machine. Right now.

I work for one of the biggest corporations in the world so I support corporations and business and also hated my time in the public sector. It doesn't mean I think corporations shouldn't be accountable when they screw up.
I also invest in the stock market and have a pension fund - I accept the risk that comes with such investments. Do you?
When Toyota went to congress earlier this year, they apologized....prefusely.... Is a British company (or not a British company depending on how you want to spin it) "better" than a Japanese company that they should not do the same when they screw up?

No my dear. What's ridiculous is your incessant need - in this and nearly every other thread you post in - to remind us how all America and Americans are this way. Pompous, arrogant nationalists who refuse to find fault in anything that goes on here. For you, there's no room for debate, doubt, black/white/grey - that's just 'how we are.' And you, as a Brit, are better because you have a more 'tuned in' world view than ALL of us. Even those of us with foreign spouses who might actually be more naturally inclined to be a tad more aware of the world beyond our shores - WE'RE the ones you're insulting whenever you get the chance. Honestly it's mind boggling. Yet, sort of like a train wreck I must stop and watch. If you would read at all closely, you'd see that most of us dislike the things you dislike, but yet you get stroppy with us when we don't want to agree with EVERY single bad point you hammer home about America.
We know you dislike nationalism - hell, I think most of us do, to a point. But you somehow jumped the shark from disliking that to disliking Americans/America, because again, that's just 'how we are'. You did that on your own, without any help from me, Trompe or Bunny.
Nowhere did I imply that about your wife. She may well know how contemptible you find us and doesn't care. That's her choice.
I'm not seized by anything, thanks though for your concern. And if you want to talk going over the top - well Mr. Pot, meet Mr. Kettle....
*edited for typo*

I'm sure the bolded portion is pointed at us. I thought we were actually doing that quite well, namely Lisa was - until you started having a go at her which is when all of this deteriorated.
It wouldn't be very wise of me to pin any alien as the 'enemy', particularly a British one, seeing as I'm married to one and bearing the next generation.
But you've made it pretty hard to want to be warm and fuzzy to, Alan. Let's at least agree to call that spade a spade.

No my dear. What's ridiculous is your incessant need - in this and nearly every other thread you post in - to remind us how all America and Americans are this way. Pompous, arrogant nationalists who refuse to find fault in anything that goes on here. For you, there's no room for debate, doubt, black/white/grey - that's just 'how we are.' And you, as a Brit, are better because you have a more 'tuned in' world view than ALL of us. Even those of us with foreign spouses who might actually be more naturally inclined to be a tad more aware of the world beyond our shores - WE'RE the ones you're insulting whenever you get the chance. Honestly it's mind boggling. Yet, sort of like a train wreck I must stop and watch. If you would read at all closely, you'd see that most of us dislike the things you dislike, but yet you get stroppy with us when we don't want to agree with EVERY single bad point you hammer home about America.
We know you dislike nationalism - hell, I think most of us do, to a point. But you somehow jumped the shark from disliking that to disliking Americans/America, because again, that's just 'how we are'. You did that on your own, without any help from me, Trompe or Bunny.
Nowhere did I imply that about your wife. She may well know how contemptible you find us and doesn't care. That's her choice.
I'm not seized by anything, thanks though for your concern. And if you want to talk going over the top - well Mr. Pot, meet Mr. Kettle....
*edited for typo*

The USA has 300+million living in it. I put it to you that if you think 'Exceptionalism and Nationalism' is 'the norm', maybe you are basing your assumptions and stereotypes on the people you are associating with; and painting everyone else here with the same brush......?
I am wondering why you even want to live here. You have identified the worst this country has and applied it to all; you've complained that Americans are too proud/too stupid/ too insulated; and you give the impression that your observations and conclusions about where you are are a source of unhappiness to you.
People who just openly admit that they prefer one place over another actually get my respect. Why? Because they don't blame anything or anyone else for their preference ( Homesick American was tactless in her wanting to be back in the USA whilst in England, but at least she was honest. ' I just want to go back to the US').
It's also rather amusing that you target France as some sort of unNationalistic unExceptionalist Utopia should you find yourself unwilling or unable or unwhatever it is to commit to either the USA or the UK. Viva La France and have a glance at some French history.
In the meantime, do please stop painting us all with the substandard, uneducated, unworldly paintbrush you have come to know and dislike so much.

I'll defer to Lisa's reply on that first point.
Again with the blanket statements, Alan!! How do you know that ALL USCs could never do it 'the other way round'??? It may shock you to know that I - a USC by birth! - am quite bitter that I'll never be able to be a British citizen (or even a subject) and carry a UK passport. (Well, I believe I could get a passport if we lived there for a period of time, but as we don't plan on that - it likely won't happen.) My child will be able to but I can't. So don't paint us all with the same brush just because your wife couldn't bring herself to do it.
I would have no compunctions taking that oath because I *personally* don't view it the same way that Lisa does - and that doesn't make me right and her wrong, or vice versa. I feel I can be loyal to both countries and uphold what they stand for. In fact, even as it stands right now, I do feel some loyalty and fidelity to England, and the only 'connection' I have to it is my husband and his family, whom I love dearly.
If it happened to come to pass that the two nations were to go to war - well, I'd decide for myself which nation I felt was on the right side in that conflict and live/act accordingly. That may not be the US - which would be sad to me and unfortunate, but the fact that I was born here wouldn't change that.
*edited for clarity*

Exactly - why is it ok for you to do it, but we can't? I guess because we're nationalistic Americans.
I'm quite happy to criticize the US whenever its warranted. The fact that I'm having trouble finding fault in this situation - other than O's bumblings (which I believe I larfed at previously in this thread), and some stupid comments by congressman here or there - isn't my fault. I suppose I don't find the victims on the rig or the Gulf Coast residents feeling the effects as having done something wrong - sorry!
What we 'guys' get homeland security about is someone like you who sees fault around every corner and a conspiracy of sorts every time you turn around. But what I'm starting to comprehend now is that this is due to how you view America and Americans - in very low esteem. Frankly I'm shocked that you ever married 'one of us'. I still contend she must have no idea how contemptible you find us to be.

Oh, and if I had a penny for *every time* I heard 'The British Empire was the best in all of the world' I'd be a wealthy woman.
There is NOTHING wrong with being proud of your country! Sheesh! Yes, many Americans are not fully aware of what goes on around the world, this is true. But look at the mass size of America. Look at the mass of other countries. Do you not think that if we were the same size, instead of hearing on the news about something that happened in Minnesota (when you live in FL or elsewhere), that we'd be hearing more about neighboring countries? We are easily picked on for this because of the stereotype of the 'ignorant redneck' who doesn't see past his dirt road, but compare him to the chav family in anywhere, UK who only cares about Kappa tracksuits and fake Burberry. They are on par with one another. The difference is, we simply have more of them. Percentage wise, I'd be interested to see the comparison though.
Of course, this has all been mentioned before, but at the same time...we're supposed to apologize for the amount of flags people wave? Where patriotism is a bad thing? Are we awesome? Yeah we are!! I am proud of my country, warts and all. You can come here with nothing and make something of yourself. Happens all the time.... I don't hear of that so often elsewhere.
I remember when I lived in the UK, there was this Muslim scholar or so living in Leeds who preached about how ####### the UK was. You know what the Sun did? Went to his house with a plane ticket and said 'if you hate it that much, leave'. I see no difference to how Americans react to people bashing our country. Why shouldn't people be proud, think they are born in the best country in the world? I would expect any citizen of any free country to feel the same. But, if we are loud and proud Americans, we're 'crass' and 'ignorant', 'rude', and the like.
SOOOO offensive:
. I see more charities and the like for other countries all the time here. I see missionaries, protests for foreign injustice...hell, when I was in college, we picketed outside Toys R Us because of the unfair working conditions in China where the toys were made. Countrywise, we're in a depression that's incredible, yet we send relief money everywhere, even when our own country men and women are starving. Yet, 'we don't care'. Where did this ridiculous notion come from???? And WHAT THE FUQUE, I say!Alan, I do have to point out that in this thread alone, you've contradicted yourself. Yes, I'm being a bit pedantic, but at the same time, you have said several times about how we go on about 'free speech' and how it's no different than other countries, but then go on to say that you are shocked that there are not enough hate-speech laws. I'd like to know how you can ride both sides of the same argument.
I am tired of the America bashing, and it needs to stop. And yeah, you don't like it....there's the door!

The idea that the British press is some kind of genteel and respectful institution compared to the American press is pretty ridiculous when you consider that one newspaper's anti-pedophilia campaign once lead a pitchfork-wielding gang to protest a pediatricians house in Wales.

1.) No. You will have your fingerprints taken (at what's called a biometrics appt) and your criminal background will be checked that way for AOS.
2.) Never send USCIS an original birth certificate. A photocopy of your original will suffice.

Your statements above conflict. They would know because you were both truthful in filling out the necessary forms to begin the process. Only if you lie would there need to be any other way for them to know. The forms ask where she's been the last five years. To leave the USA any by air or sea, she'll need a valid passport, so there will be a record of her leaving unless she travels overland illegally entering both Mexico and Guatemala before presenting herself at the border of Honduras, essentially retracing the steps of her illegal entries to Guatemala, Mexico and the USA.
Your question itself indicates you contemplate illegal activity.
The legal way is to file the papers truthfully, have her obtain a Honduran passport through a Honduran Consulate in the USA (unless she already has one) and then at the appropriate time she goes home an takes her medicine with the understanding she may never be allowed to return.

So my comment meant I didn't care how others view us? What I actually meant was perceptions aren't always reality, no matter how many people have them.
It irks me that some Americans are this way, but what can I do to change it? All I can do is NOT be that way, and try to encourage a better 'world view' in those around me. But I certainly can't control what other people do or think, or certainly how our government is run (other than vote against those whom I perceive to be that way). I can't change that anymore than I can change the perceptions of those around the world (and on this board apparently).
I truly do not know why you're here if this is such a piss poor country with annoying #### people in it. (Aside from your 'my partner is here and it doesn't rain as much and it's easy to park and the cars and houses etc are cheap' answer.) Really - you must stay miserable.
I'm convinced that you SHOULDN'T apply for citizenship. Why would you want to be a citizen of a country you hold in such low esteem? I wouldn't. So really, this thread should die it's own death now, as we seemed to have solved the original riddle within.

More flags than St. George crosses during the World Cup - I find that hard to believe!
I'm not saying that's not true, but what I get from a lot of what Alan says is that Americans are the sum of our worst stereotypes which he bring up again and again. If you go looking for them, you will find them, but you risk losing out on a lot of what makes America unique and special (and I mean that in a non-exceptionalist, non-nationalistic way)
It's absolutely true that there is a drinking culture in England and it can sometimes has dire social consequences. Drinking is even more common than flags on American streets. Should outsiders reduce to its worst cultural stereotypes? They would miss out on a lot if they did.