Nena

Sorry, I don't have any advice except than writing a letter to inquire about your case, and mail it via Fedex or registered mail w/return receipt. They will usually answer, although it will probably take them a month or more. If this doesn't work, contact an attorney.

Good luck!

Nena

Many Mexicans would prefer to live in their home states and work seasonally in the US but we don't have an easy mechanism to make this happen. These Mexicans tend to come from a cluster of states some way from the border on the eastern side of MX, and they're people who have traditionally been migrant workers. Not all illegal immigrants are Mexicans and not all Mexicans are illegal immigrants. Mexicans are a special case because, like Canadians, they're neighbors, so there's a need for some kind of expedited border crossing permit. Many Mexicans would be happy to flow back and cross the border working seasonally and then returning home with a little jingle in their pockets, and any immigration policies should reflect that reality.

Any thoughts of busing or flying illegals back to wherever they came from is logistically ludicrous - assuming 12,000,000 illegals, and buses capable of holding 60 people, it would take 200,000 bus loads to get them to the Mexican border and then to El Salvador, Guatemala, etc. - assuming Mexico would allow them to cross its territory legally (illegally, heading north, is OK from the Mexican standpoint, but south, legally, is a different matter!!). Assuming you could even locate the illegals, and had enough law enforcement officers to actuall put them all on the buses.

And why would any USA citizen want to change our lack of immigration, when he or she has a part-time gardener and maid he or she could never afford if they were legal. It seems to me that the country is (almost) hopelessly messed up. Considering what kind of people we have had running the government, that shouldn't be surprising. It isn't likely to change soon. The United States will continue to be a pain to itself and a plague on the rest of the world until we see the next American president. I have spoken.

I also wanted to add that, no doubt that this is a tough, almost insoluble issue. I am clearly pro-immigrant, always have been. On the other hand, when you see that the "law is an ###", as in this case, surely more humanity is needed? The US is one of the few developed nations in the world (Switzerland would be another example) that offers no merit-based opportunity for immigration. The only way to get in is either to be related to someone already there, or to get a job with a US employer ahead of time (and even this offers only a temporary right to remain, maxed at 7 years). Therefore, the only solution is to stop overloading immigration through family channels, AND provide some type of rationalization, both for the ones already here and those who would like to come in future. This must be objective and merit-based, and hopefully show some humanity i.e. not make them all second-class citizens. Anything else just smacks of "I'm in, now shut the gates!"

US citizens who scaremonger that "everyone wants to come here" are simply misled. All developed countries are dealing with major immigration headaches, this is just the result of globalization (favoring the already-strong) and wealth disparities. They all need to find a way to deal with it, and locking the gates for all will not work.

My parents, brother and sister, even friends would not like to live in the US. They are not rich, but are happy and satisfied where they are. Especially my parents, I can't see them here! They like to visit once in a while, but at their age they would never be able to adjust! It would be too much of a culture shock. We travelled quite a bit and lived in different places though, throughout my childhood, but it was a different situation then, and French was spoken in most of the places where we stayed (my father had to move around a lot because of his work in construction). Another thing is that they live in Western Europe (France), thus have less economic reasons to want to come and live in America, as compared to people from poorer nations.

Thank you for your responses. I don't know for how long was his student visa valid, he had it for a few years, but it must have expired automatically when he finished college... I guess all we can do is file for AOS and see what happened.... Just worried because of what happened at the POE. He is afraid to travel now. I am going on vacation to see my family who lives in France this summer, but alone because we are unsure whether or not he can go and come back....

If I'm correct, they is no interview for those who have been married for at least 2 years. Is this correct?

OOps, in fact you are married already ? Sorry, I misundertood. You'll have to get a divorce attorney then.

"Once a cheater, always a cheater" If he is already fooling around just after 5 months, then he is not serious about your relationship. In fact, you should consider yourself lucky to have found out now, rather than after the interview! If you leave him now, you save yourself the headache and the money of a divorce. Get rid of him. He is a joke!

And by the way, there are still many nice guys out there!

Kitkat, Yes he had overstayed his student of a few years... But was not required to file a waiver at the interview. Is it at the discretion of the consular officer to decide, maybe?

The officer actually asked why my husband why he had actually not stayed in the US and waited to apply for AOS...

I was also in an abusive relationship, years ago. Please don't stay with this man! Trust my advice because the abuse only gets worse, not better. It is something the abuser can't control. Perhaps some therapy can help, but it did not for my ex, who took anger management classes but still ended up beating up the girlfriend after me (she called me crying). Perhaps your partner needs you now because of the greencard, so chances are that he will become even more abusive after he gets what he wants. His immigration status is not your problem. Let him deal with it, you seem to have done enough for him already. Be strong and get support from friends and family.

I wish you all the best and take care.

Nena

Hello to all of you on VJ!

I figure that you guys on VJ are far more knowledgeable that me on the subject of immigration, so you can probably answer my questions. I am clueless.

My husband currently is in the US on a K3 visa. He had however overstayed a student visa previously, before returning to the US last year. A the time he applied for his K3 visa (last year), we were fearing and were expecting to be asked to file a waiver by the overseas consulate. But no waiver was asked at the time of the interview, and his K3 visa was later issued. I guess that he was very lucky! How this happened is a mystery to me. The consulate was well aware that he had been in the US before...

The POE officers however, were well aware of his previous overstay and not so keen to let him in the US again. They almost denied his entry when he arrived at the airport. My husband told me how horrible he felt, when two immigration officers took him aside and questioned him. He was put in a "waiting room" with other people, where he waited for more than 1 hour. He said that two immigration officers argue. One was for letting him in, but the other was against it. Anyhow, he was finally allowed to enter and he is here with me now.

The question is. If he files for AOS now, what are his chances of his AOS being approved? Will he need to file a waiver here? Can he even be deported?

Thank you all for your advice. I really appreciate it.

Nena

We filed his EAD on 05/15/06. He did his fingerptints on 06/21/06 and the EAD card arrived on 09/16/06.

Again i made an err: the !-765 was approved on 06/08/06 (last year!) The validity of his EAD starts on 06/08/07 (this year). :blink:No sense at all.... !!! We wrote a letter asking for some explanation and received this obscure response from Missouri : part of their letter is what I cited in my first post.

He just applied for his SSN # last month (after waiting one year ) on 06/11/07, and still has not received the SSN card. Everything for him has been a nightmare.

Yes in fact he received it rather quickly (I think in a few weeks, but I must check the dates again). He applied for his SSN on June 11 this year, and still has not received it...

I think I posted this message earlier in the K3 section by error. Perhaps people familiar with the I-765 process will more able to help me. My husband arrived here with a K3 visa. He received a letter from the Immigration Services in Missouri regarding his employment authorization stating: (your) "I-765 was approved on 06/08/07 with a validity date to coincide with the end of your I-360, Petition for American Amerisian, Widow(er) or Special Immigrant"

What does this mean? Has anyone received such a letter? Is this normal? It doesn't seem to make any sense to me... I don't remember ever filing filed a I-360 (what is it?)

Thanks for your help and/or advice

Nena

Correction:

The letter states: "your I-765 was approved on 06/08/07 with a validity date of to coincide with the end of your I-360, Petition for American Amerisian, Widower or Special Immigrant"

My husband arrived with a K3 visa. He received a letter from the Immigration Services in Missouri regarding his employment authorization stating: (you) "I-765 was approved with a validity date of on 06/08/07 to coincide with the end of your I-360, Petition for American Amerisian, Widower or Special Immigrant"

WHat does this mean? Has anyone received such a letter? Is this normal? It doesn't seem to make any sense to me... I don't remember ever filing filed a I-360 (what is it?)

Thanks for your help or advice