positivity

Thanks for sharing your story. It's great that you didn't give up and that things turned out well for you.

So is Laurel Scott one of those 3? Anyone else you'd recommend?

The 2 times in 1998 when he was caught and fingerprinted, was he returned to Mexico? If this is the case, it is called catch and release. If he did not appear before a judge for a formal hearing for etiher of these, I am really surprised that the Consulate considered it a removal. Normally catch and releases don't count. It would have been wise to do more investigation into whether he was actually removed or not. The consulate may well have been wrong and a good lawyer would have been able to overturn the decison so he was eligible for a waiver. Now there's probably no point in trying since the ban will be up next year. Why was he removed in 1999?

Are you planning on using a lawyer for his waiver when the ban is up?

Ah yes, hindsight is 20/20 as they say. Fortunately we now have an experienced attorney helping us through the process.

How about you, Spookyturtle? What is your immigration situation/experience?

So he had two unsucessful attempts at EWI, was fingerprinted and returned to Mexico? No court, just processed at the border? When was his sucessful EWI and how long was he in the US before he got voluntary removal? The reason I am asking is 9C is not based on the number of illegal entries, but upon having a year or more of unlawful presence, leaving the US and then entering again illegally. Could you please be more specific about the dates in your case? Did he enter illegally, stay a year or more, leave and then re-enter illegally?

1998 - 2 EWI's caught and fingerprinted

1998 - EWI stayed until removal in 1999

He did not stay a year or more and then enter illegally (212a9ci-I). He was denied per 212a9ci-II. So at least one of the EWI's when he was caught they are considering a removal. He doesn't remember a judge, but he was fingerprinted. If the consulate officer was wrong, what is there to do - We are almost to the end of the bar with an approved I-130. Any suggestions?

212a9

C) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(II) has been ordered removed under section 235(b(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

Thanks for the info spookyturtle!

In brief, hubby had 2 EWI's and was caught & fingerprinted each time, then EWI'd "succesfully" but got a "VR" or removal in 1999. We have not been able to get the records for the first two EWI's, so the exact type of removal is unknown. We were given the 212a9cii decision from a CDJ consulate officer in 2004.

Have you or anyone else made it through a 3, 5, or 10-year bar? Please let us know!

Hello,

We are getting close to the end of my husband's 10-year bar per 212a9c, and I am looking for anyone who has waited out a bar and gone through the application process. It would be especially nice to hear from someone who has applied after a 10-year bar, but I've been told there aren't many because this bar started just a little over ten years ago. So if you have survived ANY length bar and can post something about it here, that would be great.

I would like to know if there was anything different about how your case was processed because of the bar, and anything else you think is important. Please share your story, or just post to let us know you are out there!

Thank you!

Hello!

I'm looking for some EXAMPLES of AFFIDAVITS that have been submitted as evidence of marriage relationship. I do not want to copy, I just want to help my witnesses and make sure they include everything!

I searched the forums here and found many discussions and one example, but I'm wondering if there are MORE?

Please let me know! Thank you!

Per I-130 instructions:

I. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage);

( http://www.uscis.gov/files/form/I-130instr.pdf )

Ok! Good to know all of this! Thank you all so much!!!

Hi Everyone,

I'm SURE this info is here somewhere, but I am just not finding it. Can someone tell me what you do to see "touches" on your case? Also, please tell me where that info is posted on VJ. It must be in one of the guides, right? I think I have just stayed up too late to be able to see anything.

Thank you!

According to Delicia's spreadsheet maintains by whisper2me, there is one March filer from CSC left - positivity, I remember her case was transfered to a local service center, but don't remember seeing anything about what happened next.

Yes I wonder what happened to positivity, she never really updated what happened at the local service center. I guess they summoned her to come personally, correct me if I am wrong.

hmmm...Looks like all original CSC march filers are thru (except positivity, who may not have updated her status).

CS

Hello! I feel like crying! Thank you for noticing my empty spot on Delicia's chart. Thank you for wondering what happened! I feel so alone sometimes it's nice to just see that someone has noticed.

So, I have not updated about the interview because I haven't had it yet! However, I did finally receive my notice of appointment! Here is my transfer timeline:

3/16/08 I-130 received

3/20/08 NOA1

6/19/08 Transfer Notice (to local office)

9/04/08 Notice of Appointment for petitioner interview on

10/16/08 !

So I am getting proof of relationship and marriage ready for that date. Thank you again for mentioning me and thereby getting me to post again. Your support is greatly appreciated. Good luck to everyone!

Hello,

We just realized that to bring my husband's kids to the U.S. we need to file individual I-130s for them. My husband has a lifetime bar with a waiver available after 10 years (which will be up in August 2009). In the I-130 process for hubby, we have received NOA1 and a transfer notice to local office for interview, so I am waiting to receive notice of interview appointment for me at the local office.

MY QUESTION is, if we file I-130s for the kids now, will they

1. process faster than hubby's I-130 and be allowed in before him?

2. get put together with hubby's I-130 and process together?

3. something else?

Your thoughts are greatly appreciated! Thank you!

Thank you for writing all that detail. I think that's what helps people prepare for the reality of the process. Congratulations!

Thank you for your replies! I have two more questions/topics:

1. If everything goes ok with my interview, where does the I-130 go after that? Back to California?

2. If anyone reads this who has had this kind of interview (local office for more info), I would like to hear from you about your experience.

Thank you all again!

Hello,

Somehow I guess have missed this step in what I have read about the I-130 processing.

Transfer Notice Reads:

Preliminary processing of the above application or petition has been completed, and it has been transferred to the USCIS office at: (TUKWILA/Seattle)

The office will notify you when they schedule an interview on the application or petition. Any further inquiries should be made to that office.

Questions/Why I am confused:

1. The processing times for Seattle don't show I-130 ????

2. Does Seattle schedule an interview for ME in Seattle or for my husband in Mexico?

3. If the interview is for ME in Seattle, is it because they need more info to make a decision about our application?

4. Is this normal? / Is a transfer notice "bad"?

I am so confused! I hope to hear from you soon! Thank you!

Hello,

Is there a forum where people are discussing how to change immigration law? I am interested specifically in discussing how to change the INA, even more specifically, the 10 year bar. Where do you think would be most appropriate to post this topic?

Thank you!

Hello!

So, I know about Skype, and I just found some web sites for free texting to a cell phone, but what about actual cell phone plans?

Does anyone know of a good cell phone or even calling card plan for calling/texting cell to cell?

What's best for calling/texting U.S. to Mexico?

Mexico to U.S.?

Any info is appreciated! Thanks!

Hello. This is kind of complicated so I will do my best to be clear.

Basic Timeline:

2003 - I-129F filed with FOIA record showing VR in 1999, APPROVED

April 2004 - Interview at Juarez, fiance didn't know exact dates for prior VR's so Officer sent us for fingerprints which showed that two VR's took place at the border in 1998.

Result: Visa denied per 212(a)(9)(C )(II) *law at bottom

Paper given to us - English side says nothing regarding a waiver. Spanish side says that "No waiver (lit. "pardon") is available until until 10 years have passed" and the office wrote "(2009)"

2008 - Now we are married and have filed an I-130.

MY QUESTIONS:

1. What kind of waiver is usually filed in these cases?

2. The law says "more than 10 years after the alien's last date of departure" - Does this mean the exact date (mm/dd/yyyy) or just the year?

I would like to hear from you if you are familiar with this, and if you have had any personal experience with this specific law. Thank you!

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

* Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(9) 12/ ALIENS PREVISOUSLY Removed.-

(C ) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(II) has been ordered removed under section 235(b )(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission.

Hello,

I am new so I have tried to read all the info and guides on K3 and CR-1. Most info points out that the processing times for I-129F (K3) and I-130 are currently very close. I just received the NOA1 for our I-130 which means I can now file the I-129F (K3) if I want. Does anyone have any opinions about whether or not filing K3 is "worth it" considering current processing times? Thank you!