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Nyla J

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  1. Nyla J
    Anyone submitted a FOIA request for their spouse's consulate interview? My husband's visa was denied this week bc of a possession of marijuana charge. We will request a waiver. After reading a number of AAO decisions for the same basis, it looks like USCIS obtains the notes from the consular officer when making a decision. I want to see my husband's notes so that we know exactly what that officer wrote before we submit the request. I do not want to fight this blind. Some AAO decisions have hinged on what the officer wrote during an interview versus what an applicant is submitting. Has anyone successfully obtained the consulate officer notes from their/ their spouse's interview?
  2. Nyla J
    Any updates?
  3. Nyla J
    A medical issue with my husband? No, why?
  4. Nyla J
    Husband was denied visa. Given blue paper citing violation of law (possession of Marijuana) and 601 waiver. I've been reading AAO decisions so that I can be familiar with the elements USCIS are looking for. I'm certain my husband falls within the criteria of being approved for a waiver: -Marijuana only - less than 30 grams - single incident - extreme hardship experienced by spouse (health issue) The conviction happened in 2011. He did not serve any jail time. Instead they put him on probation for 2 years and 8 months and he had to fulfill court ordered requirements: monthly probation officer check-ins and therapy. Those that had to submit a 601 waiver, anything I'm missing? anything I should be aware of? What was the processing time period? Thanks
  5. Nyla J
    Finally had his interview this past week. He was denied today and told he needed a waiver. So now we're heading up for that next. But I heard the processing time is 2 years. The really do everything they can to discourage you that's for sure. Anyway, the AAO link posted above in this thread has been immensely informative. I feel hope. I shouldn't but I do. How's it going for y'all?
  6. Nyla J
    Just coming back to say, we got married in 2021 and started the cr1 process immediately. He had his final interview today after spending a week in juarez and was denied. They have him the blue paper which states he needs a waiver. Looks like this step has another 2 year waiting period. Hmpf. The US system is grossly disappointing. Anyway, I ventured back to this thread and clicked on the AAO link you provided and I've been reading cases all evening. Seems like there's hope. We'll see. Thanks again.
  7. Nyla J
    Thanks. His interview was today. They didn't even ask about it. I submitted my 2023 w2 and most recent pay stubs. He was denied though, but for other reasons.
  8. Nyla J
    I filed an extension for my 2024 taxes then a few weeks ago we got notice that our interview had been (re) scheduled for June 4. My CPA is out of the country so I won't have my taxes done in time for the interview but i have the tax transcripts from previous years and the extension filing for 2024. Anything else my husband should bring to the interview? Thx
  9. Nyla J
    We had to reschedule our interview which was originally January 4. Now it's June 4! We got a copy of his criminal record which was a nightmare to get. I'll make sure to update in a few weeks.
  10. Nyla J
    Thank you for the thorough info, the link and the vote of confidence. The American attorney did mention asserting a hardship in the waiver but he did not say it could be submitted prior to the interview so.... this is good stuff. Fortunately, I haven't retained them so I may consider going elsewhere. Greatly appreciated.
  11. Nyla J
    I do not know what the maximum sentence was for this crime under the law but I do know he was sentenced to 10 months in prison which was suspended in favor of a 2 year probation which he completed.
  12. Nyla J
    Thanks. This is the full story. No more. No less. Fingers are crossed. And we've practiced, practiced, practiced. As an attorney I've drilled into him what I do all clients who testify, only answer the question that is asked. Listen carefully. Take a beat. Answer the question that is asked. Be natural but don't be comfortable.
  13. Nyla J
    I don't know if it will "fly." But what can be done about that? Nothing. It is what it is. He was 19 and it was 27 grams. No changing that. The Mexican attorney said its probably not showing up in Mexicos system because it's old and an indiscretion to them.. And the American immigration attorney said that this doesn't qualify for a waiver, that we have to wait and see what the immigration officer (in all their infinite discretionary glory) tells us at the interview, which can apparently range from No to 1 year of drug testing to Yes to whatever they creatively come up with apparently. If it doesn't "fly" what is the suggestion? Do nothing? Nah. He's putting the criminal record in their face and they'll just make a determination and whatever the decision is, we'll just live with it. I'm ready to exit this effing purgatory.
  14. Nyla J
    He requested a federal and municipal letter of no criminal record just to go through that motion, thinking it would state the simple possession incident and both came back saying he had NO criminal record. So then he went about tracking down his criminal record, which was not easy to do. He finally got it and we're going to upload it even though he has letters saying he has no criminal record. Want to be all the way up front about what happened bc we don't know what records Immigration has access to but the Mexican government issued not 1 but 2 police certificates saying he has NO criminal record. That's wild.
  15. Nyla J
    The criminal record is for my husband. Simple possession of marijuana, 12 years ago.
  16. Nyla J
    It's a criminal record.
  17. Nyla J
    We have a 72 page document in Spanish. The embassy pre-interview checklist says it must be translated to English but doesn't indicate whether it must be professionally done or if we can just translate ourselves. Any idea?
  18. Nyla J
    I don't see much about the beneficiary's criminal history being subject to review ... but here's my question : 11 years ago my beneficiary (Mexico city) was found guilty of simple possession of marijuana (27 grams). He did no jail time and had probation for 2 years thereafter and attended classes for drug use as part of his sentence. 1. Will this be an issue for him at any stage of this process? 2. Does he need to obtain documentation regarding his criminal history? 3. Is the beneficiary's criminal history a concern? 4. Will he be asked if he has a criminal history at the interview? Thanks
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