bryan&nicole

MINE SAID "REFUSED" AND HAD TODAYS DATE YIKES!HOW WEIRD IS THAT

Well it’s been a couple of years since I have been on here. The last time I was on here I was a lot younger in the heart and mind, I was so interested in trying to learn how to get my wife and newborn children out of Mexico and unite my family. Now it just so depressing it literally makes me sick just to think about my life and my torn family and the absolute mess that the United States is. My newborns are now pushing 6 and 7 are marriage has been nonexistent my children do not know who I am and it’s a life I would wish on no one. That said I have a few questions that I really have not been able to find an answer to.

I think our I-130 was approved in 2008 but we never went to the interview because many lawyers, (including one that is often praised on the website) told that just going to the interview could be a violation of her 20 year bar, thus resulting in a lifetime bar. Well I can tell you now that this is not true, and anyone may go to the embassy that has an interview without fear of any ramifications. It’s a moot point now but I thought it was worth mentioning because it impacted our life until I finally thought to have my congressman ask the officers at the embassy, and I received an official letter stating there were no ramifications. I guess if we would of went in 2008 and not been scared off by misinformation, I would have had a better understanding of what I am in for now, by now, and thus the questions I have which are already a day after I was supposed to mail in the 212 & 601 waivers .

My wife had a few children and one was about to age out so I filed an I-130 for my step daughter and her appointment was 12-18-2012. Since we had to go to the place we had feared for so long anyways ( "Juarez", and I must admit, It wasn't bad, we met nice people and walked to the store every day no problems no issues), I had my state congressman make my wife’s I-130 appointment on the same day and time, just to go and see what would happen, she had given up on any hope of ever getting into the USA and did not want to go but I talked her into it. Turned out to be good news and my wife was jumping for joy. My daughter got her visa, she was mad she did not want to go to the US. (Teenagers?), then they said to my wife, and I quote, The Embassy officer said, “ that he had good news and bad news, the bad news is that you’re not eligible to receive your visa today, but we have looked at your situation, and the good news is that as of march 11th 2013 you will have been outside the USA for ten years, and when you file your pardon, the (I-212) we are going to approve it, mail it in one week after the day you were deported in 2003, call us before you mail it,- congratulations “. He instructed me to mail my application on March 18th this date reflects me being outside the USA for 10 years and 1 week" .

Well I wish the excitement of that day was still going but it’s not. I called Juarez Embassy last Monday on the eleventh, but had already had my congressman trying to get ahold of them to see what they wanted us to call for, I had not thought about it until a week prior, and then thought to myself “ call the Juarez embassy and have someone actually answer the phone, then tell them I had an interview on DEC. 18th and was told to call, I did not even know what I was calling for, my wife did not think to ask, “ why do we have to call, and what do we ask”, she was too busy jumping up and down according to my daughter. Well to try and shorten the story which you can tell by now I am not very good at, I actually got through, told them I had to call, and I did not know why. They took my wife’s info. And, bam punched in the gut. They said my wife had to file an I-601, yikes we were not expecting that, those are hard to get approved, this is not good news. My wife was under the impression at the interview she would have to file the I-212 and welcome to the US.

They went on to say, do not do anything yet, were going to send you and instruction packet you will get it in two or three days. I jumped in, mad, shocked, upset, is it instructions on how to fill out the I-212 and I-601, I said, I have that, the forms are filled out and ready to send. She would not say, she repeated herself please wait for the instructions. Well what’s another few days I thought; it’s already pushing a decade. So I and my wife are checking our mail boxes ten times a day and then OH MY GOD I cannot believe this email I get. I get an email one week later that says “Our records indicate that Ms. #### may proceed with the filing of her waiver applications. Instructions have been sent to the DHL office that Ms. #### selected. Please advise her to monitor her DHL registry at: http://mexico.usvisa-info.com in the next few days."

Some of you may know where this is going, I am still in shock. When we made her I-130 appointment we had to select a DHL location, we done a little research, we knew our daughter was going to get her visa so we selected DHL in Juarez. My daughter got her packet; my wife did not, done deal on with your life, right? Oh know I have found out, and believe I have been on the phone with everyone you can think of and a few you can’t. When my wife’s interview was over, and we were given a blue paper that was checked with all the laws she broke and on the bottom is said cant apply till march 2013. We thought that chapter of our lives was over, and we will see what happens in March. Wrong! I live in northern Indiana, my wife, southern Mexico, Now we have to fly to Juarez just to get are mail, and then again, every single time we have mail, for however for as long as this ordeal is going to last we will have to fly to Juarez just to get our mail, am I stupid, maybe, dose the government have a million legal ways to make it just absolutely and purposely difficult to prevent one more immigrant from making it to the USA, I think yes, they are brilliant, hats off to them.

Questions

1 what is this instruction packet there sending me, anyone know, do I really need it. If it’s a generic letter, couldn’t I just mail the 212 and 601 in?

2 I have been told since I am the petitioner I can fly to Juarez and get the mail at the DHL center with proof of relation to the applicant “my wife “, but if I had a nickel left, I would bet when I get down their, there is a problem and they will not give it to me, then I have to buy another round trip ticket to fly my wife there!

3 I sure there plenty of people who have been in my shoes, my wife had a 20 year bar I-212(a)(9)© as of 3-11-2013 she had been outside of the USA for ten years and the I-212 takes care of that, The I-601 will be for violations of course, The immigration officer told my wife congratulations were going to approve your visa when you file your pardon, as anyone ever been told this, is it normal to hear that. Has anyone herd that, then not been approved. Without getting into details of the 601 approval, because it will either be approved or it won’t so theirs no sense talking about it. What are our next steps in the process, is there a topic or forum already written for me to read. Right now I do not know what transition period I am in, I do not even know what these instruction I am going to be receiving at the DHL center are commonly referred to, thus I do not know what to start looking for, or what to start reading.

Thanks for the help

I Think there should be a big sign on the moon that everyone could see from the earth that says “ IF YOUR GOING TO JUAREZ AND YOU DO NOT KNOW FOR SURE IF YOU WILL BE GETTING YOUR VISA, DO NOT CHOSE JUAREZ AS YOUR DHL CENTER”

<!--quoteo(post=1804349:date=May 1 2008, 09:03 AM:name=Gaby&Talbert)--><div class='quotetop'>QUOTE (Gaby&Talbert @ May 1 2008, 09:03 AM) <a href="index.php?act=findpost&pid=1804349"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->So we understand clearly, has your wife gone back to Mexico yet? If the lawyer has told you her chances of getting a waiver are slim then why even try at this time?<!--QuoteEnd--></div><!--QuoteEEnd-->

my wife and kids live in mexico not sure how you thought she lived here i am applying to bring her here

she always was in mexico I met her there and I marrired her there

thanks guys me and our wife are not going to our interview wqe learnsd here on visa journy that my wife we not pass or be eligiable for wavior for prior deportaions thanks anyways

i emailed jaurez and asked these questions

WOW! I just got off the phone on that 900#! I called to see If you had received anything on my k3 visa cdj---------. I have been receiving letters on my I 130 but nothing on my k3 so I called and WOW, what a shock, not only have you receive my papers, I have a interview date of June 6th. They did not say what time, I need to know that as well. They say that they mailed a packet on April 1rst, and another one on April 8th, I have never received anything at all! Now since one of our kids will need a tuberculosis test, I guess we have to be there four days early, and since our appointment is on Thursday will have to be there 7 days early in order to be ready, to go to the doctor on Friday is this correct? So now I have 23 days to get ready for something in which I received no papers to tell me how to get ready. I have several questions, I was born and raised on a farm in northern Indiana and do not know much about big cities, to make matters worse, while on hold on the phone on your pay number, they warn of a lot of violence and robberies in your area. They say not to show up before 6;30 as you do not open until 7:00, yet I read often that people have to show up at three or four in the morning to be able to get in to there appointment. The people on the phone somewhat agreed. If I have an appointment on June 5th will I get in on June 5th? I will have been in your town a week by this time, I here people say that it takes days before they get interviewed. I am told you have to sit on the street to wait to get in, and once in there is no food allowed, and you may wait inside almost a entire day. We have three children, one baby ten months old, and a 9 and 13 year old, if my wife needs to feed the baby, will she have to go out side? Will she lose her place in line if she goes outside? Should we even bring our children? We really have no one to watch them we are unsure of what situation we will encounter there with all the kids. My wifes neighbor said they were at your office getting some kind of visa and they were there untill 12 at night how late are you open? Also to pay doctors and visa fees may I use a credit card, as the 900# recommends you carry as little cash as possible.

I hope you can inform me on some of my concerns, hopefully tell me its all false!

Sorry for so many questions but I just learned I have a lot to figure out in 23 days thanks for your help!

and there only response was this

You don’t need to be here one week early, if your appointment is on Thursday, you can be here taking the medical exams on Monday or Tuesday. If you take a taxi do not let them take you to any Hotel because they usually scam the people charging a lot for a dirty room, we recommend that you stay in a hotel that belong to a chain, like Holiday Inn, Holiday Inn Express, Lucerna or Fiesta Inn. You also don’t need to be in line at 3:00 or 4:00 in the morning, you should be here at 6:30 a.m.

kind of odd isn't it they ignored most of what i asked who else can i ask inn the goverment?

So we understand clearly, has your wife gone back to Mexico yet? If the lawyer has told you her chances of getting a waiver are slim then why even try at this time?

my wife and kids live in mexico not sure how you thought she lived here i am applying to bring her here

Never ever determine a major life descion based on what is said on a bulletin board.

You have been recommended at least one very good lawyer who is very familiar with this sort of issue.

I have met many Americans and Canadians who live and work in Mexico. It's not a third world hell hole.

i know that i have a house and family there i just add long term investments here like my farm and bussines ill have to cash out when i move there it is a life changing descion i dont live in town with a two car garage i have thirty years woth ot tools and machinery i have to sell everythying i was told by laywers and the goverment was this day would never happen well it happened in the last 8 day ive learned my lifew will take a different path

foolishly optimistic? desperate? riding it out to the end? feeling lucky? hopeful of a miracle? I'm ignorant?

thanks for your advice

P.S. As to your retelling of the matter that involved the IRS, I believe that this could be fought. There are services available to make an "Offer of Compromise" to the agency, if and when a taxpayer can demonstrate that a penalty and interest have been mounting due to an error made by IRS!

thank you ill look into that tomarrow

ps. I just learned today that I have to nvc numbers one for k3 one for I 130 I called the nvc they said chose the one you want and don't pay the other that said and you obviously being very educated what are your thought on choosing--- copied from another forum...

Which visa do I want I would pay someone to figure that out! as you may know if you read some of my other post, excited as I was, as I figured that my wife would be here in a month or two per my k3 visa I always figured that I would fail the interview but it was the advice of all the people I'm about to mention that I go through the process once denied file 601 hardship and 97% of the time you win it was here only a week ago I learned on visa journey after a 3 year quest seeking help from consulates, senators, governors, immigration lawyers and embassies that my wife will not be able to come here at all! I will not be eligible to apply for the 601! my baby boy now 10 month's will have no father unless I move there and I will not be able to return here to my country ever unless I choose for him to be fatherless at some point in time! where I would need to come home and earn an income for a year or two to meet the poverty line restrictions, as living there I would have no income here, I guess, unless some how I got a job at an American company over there which is highly unlikely as I am not a top ceo here, no one here would want to send me there lol, they have plenty of labor there already. since my wife as two deportations and will not legally be able to apply until 2013 I'm told that said dose one of these visas the 130 or the k3 provide a greater chance for a loop hole or a greater chance for a one in million long shot of going through the system and getting passed I will appreciate help in determining the answer to this thank you Bryan

your right i guess im looking at my pappers abd i do have two differebt cdj case #'s is this normal?

No, it's not normal but it does happen. I think some of the new employees aren't aware of the Nov. 2006 policy change to hold the I-130 and only forward the I-129F. On the other hand, maybe they've gone back to the old way and just not told us.

Which visa do you want?

Which visa do I want I would pay someone to figure that out! as you may know if you read some of my other post, excited as I was, as I figured that my wife would be here in a month or two per my k3 visa I always figured that I would fail the interview but it was the advice of all the people I'm about to mention that I go through the process once denied file 601 hardship and 97% of the time you win it was here only a week ago I learned on visa journey after a 3 year quest seeking help from consulates, senators, governors, immigration lawyers and embassies that my wife will not be able to come here at all! I will not be eligible to apply for the 601! my baby boy now 10 month's will have no father unless I move there and I will not be able to return here to my country ever unless I choose for him to be fatherless at some point in time! where I would need to come home and earn a income for a year or two to meet the poverty line, as living there I would have no income here, I guess, unless some how I got a job at an American company over there which is highly unlikely as I am not a top ceo here, no one here would want to send me there lol, they have plenty of labor there already. since my wife as two deportations and will not legally be able to apply until 2013 I'm told that said dose one of these visas the 130 or the k3 provide a greater chance for a loop hole or a greater chance for a one in million long shot of going through the system and getting passed I will appreciate help in determining the answer to this thank you Bryan

In the end, had it been me, I would have gone the legal route to have my children returned to me, and lived in my home country.

These are just my opinions, not meant to offend anyone.

*steps off soapbox and returns to the work she SHOULD have been doing in the first place*

hindsight is 20/20

i appreciate your response and you certainly have not offended any one nor am i ever offended by any ones comments i welcome the onions of all and learn something from someone here or there everyday

That might be true occasionally, of course, but in the instant case, (notwithstanding the needless days in jail, mind you) were the CBP agents really all that wrong? They, rightly or wrongly, determined that the OP's wife was/had intentions to remain in the USA beyond the duration of status as indicated in her first visa. In point of fact, the CBP agents were right. For whatever reason, for admirable reasona or not, she chose to break the law and get here at all costs!

According to the story, the officer claimed it was not she in the passport and ripped it up. . .that is wrong on any level. I do agree with you that she cannot blame the officer for the actions she took afterwards. Those were definitely illegal and she knew it.

Border Patrol DOES believe itself to be above the law, more often than any of us want to believe. I have been in the situation where my husband was denied entry and it was not done according to the border patrols own rules--which were conveniently posted on the wall only to be disregarded by the officer on duty.

The other "above the law" that they are referring to is the fact that there is NO judicial review for that officer's decision. While most CBP officers, I am sure, are extremely level-headed and fair-minded, their decision should not be above judicial review, and neither should that of the consulate. The system is purposefully beaurocratical and difficult to navigate, which is illustrated by the fanatical addiction to reasearch about these laws, that I and other forumers have adopted over the last few years.

There are well educated attorneys, consular officers, USCIS employees, and border patrol agents for whom it is their life's work, and THEY can't all seem to understand it either. I don't think it is fair to assume that someone in a state of emotional crisis--separated from their children, without passport or any means, in their estimation, of legal reprise, to be able to figure out or afford, all of the channels they would have to go through in order to reverse such a decision.

In the end, had it been me, I would have gone the legal route to have my children returned to me, and lived in my home country.

These are just my opinions, not meant to offend anyone.

*steps off soapbox and returns to the work she SHOULD have been doing in the first place*

your “change your tune remark” made me laugh as I recalled a unrelated issue that happened to me this year. I owed some money for my 2005 taxes. So in 2006 I get a letter for a amount I owe, send in a check and pay it done deal right,--- they send the money back, I pay again, the third time they send the money back I get on the phone because buy this time there already sending me penalty notices. I have them launch an investigation that department then sends me papers to sign and tell’s me irregardless of what I receive do not pay anything until investigation is complete! One day I get a notice of levy, so I call in, hey what's going on, they say that they have conducted there investigation and the letter is on it’s way, don't worry! A few days latter I open the letter it says we sent this money back for theses reasons ------- followed buy it was there fault and then they apologize for any inconvenience, but the last sentence is what made me laugh when reading your post "although we regret any inconvenience this matter may of caused you, the penalties accrued are law and can not be removed, you must pay all accrued penalties and interest as we cannot be held accountable or liable for Our mistakes IRS."

I quoted the best I could as I am at home and that letter is hanging framed on the wall were I work and I encourage all to read especially the ones who don’t like my tone at times

I was in the united states last in 04/2003. I was ordered removed because I had no papers. This was only because of my attempted entry in 1996. In 1996 I arrived at the border with proper passport and visa, but based solely on my looks, a officer tore my passport up and through me in jail! Once out, I was faced with the fact, that in California where my husband and my four month old daughter. My husband had no money for day care, or time, or even experience to tend to our baby. I had no money for layers, with fear, anger and indescribable worry about my daughter; as any mother would, I did not think to seek help at the Mexican embassy! I thought only of my daughter, and I went for her! It was the most traumatic experience of my life! I latter retuned to Mexico on my own. In 2003 I was single with two kids, and I made a mistake. Fueled from desperation, and a dream to better my life, I chose to return to the United States, and I regret it! It cost me dearly, I received sever penalties, but I was penalized for something that was not a mistake, something that was not my fault . Mexico would not give me a new passport as they did not believe what had happened, and you could imagine what I thought of American immigration! So in 2003 a combination of being young and ignorant, I tried to return with out papers and I was caught. In 1996 the United States made a mistake, but all they can say now, is their sorry! I have no recourse for that, as immigration law is above the law, it cannot be taken to court! Now I not only pay for my mistakes in 2003, I pay for a mistake the United States made in 1996!

While I can *feel* for your dilemma, assigning blame to CBP or the Immigration Service for your situation is not only improper, but will get you nowhere. Every tourist entering this country is presumed to have immigrant intent. That is the law. The fact that you were not able to overcome that is not a fault of the border agents, it is your issue. You had a husband and child in the USA at the time. Entering the country with a tourist visa in hand, yet your immediate family already in California shifts the burden of proof to you to demonstrate that you were not using a visa inappropriately. However, I do wonder if there would not have been a way for you to appeal their actions after you were released and get your documentation back. But, I suppose that is water under the bridge. The problem is that after such an unsuccessfuly attempt, you chose to circumvent the law and enter again in 2003. Once again you were unsuccessful.

Immigration law is not above the law. There are ways and means for aliens to hold the Service to task. I think in view of the fact that the USA is the palce your family chooses to reside, you might wish to change your tune as to how you perceive American immigration law, and the manner in which you allege the United States is inclined to evade facing mistakes made on its part! Good luck.

The Supreme Court has stated that the Bill of Rights

does not apply to immigration cases. So, the right

against self-incrimination does not apply.

In regard to the false imprisonment, while the guard's

behavior may have been inappropriate, there's no false

imprisonment charge as he has the authority to hold

aliens for several months on the allegations he had

against your wife. There is no standard of proof that

he has to meet. His personal suspicion that she was

intending to enter on fraudulent documents was

sufficient. He should not have torn up her Mexican

passport, which is property of the Mexican government.

You have a valid complaint for the destruction of

property.

All of these issues are problems with the law that I

recommend you bring up to your Congressman.

this was sent to me from a very very very highly recommended immigration lawyer frequently referred to or quoted on this website

your right i guess im looking at my pappers abd i do have two differebt cdj case #'s is this normal?

how could I have a cr1 for one I don't believe they exist in Mexico two I received a letter sating that the nvc as received an approved 129 petition followed by our records show that you have filed for a I 129 petition followed by your spouse will soon receive a packet from the consular on how to apply for a k3

I was in the united states last in 04/2003. I was ordered removed because I had no papers. This was only because of my attempted entry in 1996. In 1996 I arrived at the border with proper passport and visa, but based solely on my looks, a officer tore my passport up and through me in jail! Once out, I was faced with the fact, that in California where my husband and my four month old daughter. My husband had no money for day care, or time, or even experience to tend to our baby. I had no money for layers, with fear, anger and indescribable worry about my daughter; as any mother would, I did not think to seek help at the Mexican embassy! I thought only of my daughter, and I went for her! It was the most traumatic experience of my life! I latter retuned to Mexico on my own. In 2003 I was single with two kids, and I made a mistake. Fueled from desperation, and a dream to better my life, I chose to return to the United States, and I regret it! It cost me dearly, I received sever penalties, but I was penalized for something that was not a mistake, something that was not my fault . Mexico would not give me a new passport as they did not believe what had happened, and you could imagine what I thought of American immigration! So in 2003 a combination of being young and ignorant, I tried to return with out papers and I was caught. In 1996 the United States made a mistake, but all they can say now, is their sorry! I have no recourse for that, as immigration law is above the law, it cannot be taken to court! Now I not only pay for my mistakes in 2003, I pay for a mistake the United States made in 1996!

While reading on the DS230, I ran across a caption that got me thinking; I read The DS230 is practically an application for the immigration visa, where the applicant, a non-U.S.C., is a petitioner or I guess you could call it a incrimination sheet because here is where you have to tell on your self if you have been in the U.S.A. illegally so after reading that, i thought Isn't this a place where you could attach a page for answering question #25 dates and residence of previous visits to the States, EX.

I was in the united states last in 04/2003. I was ordered removed because I had no papers. This was only because of my attempted entry in 1996. In 1996 I arrived at the border with proper passport and visa, but based solely on my looks, a officer tore my passport up and through me in jail! Once out, I was faced with the fact, that in California where my husband and my four month old daughter. My husband had no money for day care, or time, or even experience to tend to our baby. I had no money for layers, with fear, anger and indescribable worry about my daughter; as any mother would, I did not think to seek help at the Mexican embassy! I thought only of my daughter, and I went for her! It was the most traumatic experience of my life! I latter retuned to Mexico on my own. In 2003 I was single with two kids, and I made a mistake. Fueled from desperation, and a dream to better my life, I chose to return to the United States, and I regret it! It cost me dearly, I received sever penalties, but I was penalized for something that was not a mistake, something that was not my fault . Mexico would not give me a new passport as they did not believe what had happened, and you could imagine what I thought of American immigration! So in 2003 a combination of being young and ignorant, I tried to return with out papers and I was caught. In 1996 the United States made a mistake, but all they can say now, is their sorry! I have no recourse for that, as immigration law is above the law, it cannot be taken to court! Now I not only pay for my mistakes in 2003, I pay for a mistake the United States made in 1996!

what do you guys think could you get a sympothy vote with a 230

i recived DS-3032 well my wife saturday and mailed it in allready so now i am confused or nervous as to what is going on it as my cdj case number on it i payed the aos i-864 bill to allready $70.00 should i be asking somone somthing now im worried?

is there any shortcuts for the k3 visa

shortcuts like James's shortcut are not for k3 or k4, so just wondering if there are any thanks

also I was wondering dose matter who sends the ds-3032 example if i mail it or email it will bare my address obviously so they would no or think if they paid attention that she never saw it or signed it

she's hounding me about the email she doesn't believe I guess that it should take a week or two for a response and before I have her load up the kids for a hour commute to the fed ex office to mail the form over night the old fashion way to set her mind a ease I thought id ask the people her

married in Mexico took 6 trips it was very frustrating I have three children and a wife in Mexico. wife 30, daughter 13, sons 10 and 10 months. Two sons are citizens when my last boy was born before he was 3 weeks old, I had is S.O.S card u.s.a and Mexican passport and birth abroad certificate it was easy all though you have to be firm! First line of offense in the American embassy in Mexico is to considerer all you say to be a lie, and worse read on ! When my wife spoke they distrusted everything she said, they conveyed this with body language and verbally, they said the papers needed were not present and they implied that her request could not be met. When I became irritated and offended by the gross discrimination as I speak both English and Spanish. I intervened and low and behold none of the additional steps where needed when I said in English to the council when you spoke in Spanish to my wife you told my wife she needed to acquire papers and complete some more steps but every thing you wanted, everything you asked for, every requirement is in your hands, she became very red in the face she remarked to my wife in Spanish "he speaks Spanish"? very irritated she remarked yes! Then she acted like she flipped through the papers but she never even looked at them she stared at her desk I watched her eyes, she said oh yes they are here and rushed us out of the office! We had everything in two weeks with out me my wife never ever would of got the things she and I where legally entitled too it was a very embarrassing day to be labeled a united statesmen

I did all my papers in San Miguel Allende in Guanajuato Mexico

oh you must be talking about the American immigration officer who tore up my wife's passport and visa then threw her in jail yes those where poor choices also when the united states decided that immigration laws can not be tried argued or challenged that was a poor choice I doubt there is a moron alive who would say they would abandoned their husband and four month old daughter just because some dumb idiot immigration guard broke the law

poor choices you must not of read the post?

has any one had a spouse pass interview and recieve visa whith a prior deportation mexico/usa

it was 96 then in 2002

riceved 5 year ban in 96 and lived those five years in usa in 2002 only here a few minutes

first deportation was in 96 received 5 year ban same day she entered us and lived there from 96 to 2000

second deportation was in 2002 she was only in the us for a few minutes