ChePipa00

Good Evening! Ok got more info after talking to the lawyer...tell me what you think (and you're right...its I-212 and I-601A) Shortened version I-601 A Form: 1. wait until USCIS sends email of approval to the NVC to continue to #2 2. Based on the fact that you didn't leave when the judge ordered you too...we have to fill out I-601 A ($6k plus $930 fee for document) 3. we right letter about how I will suffer in extreme ways from her absences, etc, etc. to file this waiver (I-601A ) we need first immigration services to notify NVC that they have received approval to make a $325 and $120 immigrant visa application fees. We include these receipts with your I-601A "For this form we will need all of these for possible consideration": A. Copies of husband taxes for 3 years filed single or married doesn't matter B. Proof of retirement letter/payments from pension etc C. Copies of all house expenses, car leases, insurance, all other main expenses for the month D. health hardship considerations for husband E. Medical Reports of Husband F. Copies of Health Insurance G. Psych Eval from a therapist stating emotional hardship for husband for wife to leave H. Husband & Wife write out a letter of emotional hardship being apart I. Police report for wife for all counties she's lived in while being here in the US. J. Letter on why the wife did not leave the country when asked too K. Wife Taxes for 19 or so years paying taxes in the country L. Birth Certificates of Husband and Wife..certified M. Birth Certificates of All Husbands Children's and all of Wife's Children's...certified N. Birth Certificates of all spouses above children's. (example...husbands sons wife would be require to provide a Birth certificate) ...certified O. Birth Certificates of the children's of those children's ( the grandkids) ...certified P. If any children of the husband and Wife have any spouses that are perm residents with green cards, copies of those are also required (copy of the green card) Q. Bank Statements for past 12 months That's everything for I-601A - we do and submit this while she's here still in the country, after we submit she packs her things and goes back to her home country and wait until she hears from the embassy about an interview (just her alone) I-212 Form "Although this waiver can be filed at the same time as the I-601 A Waiver, it is most likely that the Immigration Service will not approve it until you leave the US and the Consul requests it. That is, after having an I-601 Waiver approval, and you present yourself at the Embassy, the Consul can ask you for this waiver. I mean, it is not known if USCIS would accept it since you are still in the US. You can still file, but there is the possibility of having to file again, and pay the $930 twice. Or if you prefer, you can start with the first waiver, and if you are approved, then file this second waiver so that you are outside of the US when they review it. As we speak, it is very difficult to know how long you would have to be away waiting for the decision of this second pardon." exactly to the T what lawyer said The fee for this form is $6k + the $930 Now...my question and concern from the procedure on I-601A are... 1. G 2. K 3. N 4. O 5. You or someone mentioned Stokes interview...so i'm assuming now there will be 2 interviews? ( i honestly forgot to ask this question). The first one in her country is a regular/somewhat normal NVC interview like when you file a I-129f?? and then more grueling Stokes interview is after the I-212 gets approved and she can come back here to the US for the 2nd interview?

Why are you mentioning to me about users being able to edit their posts? Was my original posts asking the community whether or not if users can edit their posts?

This is what they told us is next: I-130 was approved this week The lawyers will send in 2 pardons (lawyers specifically used that language) if they're approved/allowed then NVC schedules an interview in her native country Interview will be scheduled in Brazil (at that point the lawyer will request by the court specific days to travel and return) - i'm assuming this interview is the one about adjusting. to me there seems to be holes/gaps in this plan. speaking from small experience among friends, i would think some sort of I-485 as a request TO adjust is needed, yet nothing was mentioned in this timeline with the lawyer. I also think that requesting days by the court is simply just that a request, one that can also be denied. I would think that making sure you're at this interview is top priority even if there's a chance she would have to wait there in Brazil through the decision making process (which is something we would prefer didn't happen). When she went to the court, they did approve her to stay but that further work on her case is needed....i forgot to put the approved part in my original post.

LOL you're definitely the angel on my shoulder @Family i had to re-write that previous comment 5 times. I find walking away and coming back to the computer helps to calm my rather smart butt personality. Working in I.T. for over 40 years working with users definitely didn't make it better. lol

You edited and deleted the comment asking me if she's working illegally, if you scroll up you edited it 11 hours ago, your comment is 100% gone for me. the only way i knew you wrote that was because i got an email about it and saw your comment before you decided to remove it. Short answer....original posts states she's not supposed to be in the country anymore, at this point she shouldn't be living or working here...HEY but here we are 2022. She's still working under her EIN and submitting taxes every year on time and for the last 3 Joint returns with me. I'm in my 80s...i've been around long enough on this earth to know that there should always be contingencies. Brazil is beautiful but if i had my choice i'd still stay here if i could, lot more family and friends for both of us here in the states. And one of my concerns is that...if she has to leave the country for an interview, what's to say she won't be allowed back while legal is doing their thing.... her legal team is mentioning that it is the ONLY way we could proceed. but 2 members mentioned that it might possible she would NOT have to leave the country for the interview...i understand everyones situation is different, again as stated in my original posts...i'm not looking for exacts.

I am a US citizen but i never claimed she was...she has/d an EAD and was continued to be renewed until they didn't renew it anymore. having a SSN is not the only way to work in this country...you can work under an EIN. If you have read the original post, we already have a lawyer. Hopefully you're helpful in other posts...there appears to be nothing here that you can contribute, please move along.

Already stated in original post not looking for exacts...i know this place isn't for legal advice but rather possible individuals that share the same path...and just possibles...that's it. Information shared by @Sara16 @Family @Misscloud @Jorgedig @belinda63are what others come here looking for and Not what @pushbrk comments...i do not know the right questions to ask...which is why i'm here! And the users stated above gave me enough information in less than 24 hours then my experience with her legal team for the last 3 years. Attorneys get things wrong all the time, sometimes it takes others with experience to either push along your legal team or come to a realization that they're not fit for "your" job and time to seek other legal help. I'll give you a thumbs up for the good luck @Crazy Cat Exactly! Thank you again @Family! i will continue posting as i have more information.

Thank you!!! I will post when i have more info...thank you for being helpful! Thank you again!

She has been paying taxes the entire time...does your question really even matter? Be helpful...thats what this place is for.

We're not sure on the good lawyer part, seems like it's just money pot but the same lawyer was used for relatives of hers so we're hoping for the same positive outcomes. yes she's been working in the country and paying taxes for more than 20+ years while she's been here. she's from Brazil.

yes she's been in the country working for the past 20+ years....she was ordered the first time probably after the first 5 years of being here. 2007(around this time)

Thank you!

ok so does that mean when she went to court and the judge said she does not have to leave...now the waiver/pardons she has to fill out are for the termination of removal proceedings?

Ok wife said...the day she went to court, the lawyer said to her...if they say NO today, she could be on a plane back to brazil the same day. The Judge (or whatever they're called here) approved the stay, so they said the case can continue and wavier/pardons would now need to be filled out.

I'm not sure if there's a time table for the actual removal proceedings but we were married 2 years (almost) prior to any court being assigned to her) OR if that makes a difference when you say it's impossible to adjust based on marriage.