notmrshamiltonnow

Greeting to all, I want to know how can I file for divorcee. Just to give the meat and potato's. My husband and I married In 2008 in Jamaica, he was denied his visa in 2009, and in 2010 I decided I didn't want to continue the marriage. I now want to file for divorcee. He is still in Jamaica. We both agree on the divorcee, we don't have any children or property together. How do I go about doing this? thank your for any help.

Short and too the point, me and my husband where married in Jamaica almost two years ago, he was denied for his k3 things didn't work out for us and now we are no longer together, we never lived here in the states together, we dont have any children, or property together, what is the cheapest way to file for divorce? and it will be a contested divorce?

He has to be clean for 3 years, with proof. Here are a couple of good links for you:

http://www.visacentral.net/I601Memo.pdf

http://immigrate2us.net/forum/forumdisplay.php?f=77

Thanks for the info, quick ? how is my hubby suppossed to show proof of being drug free? he has never had any run ins with the police, and his drug test was clean, so how would he go about proving he is drug free?

not to be the bearer of bad news ms. hamilton but me and mrs. palmer both did what the DOS is telling you and got no where.....i got a response back from the legal department of the DOS thru my congressman explaining that nothing could be done to overturn the situation (when we had some sort of hope that something could be done).....i am in no way telling you not to do it but i want you to not get your hopes up......the daily contact with congress/senate/DOS/lawyers, etc. had me hopeful and that possibly something could be done and i got my hopes high only to be shot down which made it harder to deal with.....i think you should still follow thru on trying to get it fixed to give you piece of mind but just giving you a heads up as to what i went thru.....

Thanks for keeping it real I was wondering about how things would play out, my hubby's hopes are a lot higher than mine, but I didn't want him to think I didn't even want to try... so I guess we just have to wait this ban out.. once again. thanks for letting me kow how things most likley will end up

I will continue to keep you in prayer Mrs. H... Don't give up. Hang in there. God will make a way.

I know he will, it just really hard sometimes, I know that we have to take this one day at a time.. once again thanks for the prayers, we need all we can get

Duh - I forgot something - my bad.

IF you receive back a 'Notice of Intent to Deny' notice via postal mail - then you __MIGHT__have a chance to appeal the decision - but you'll have to have solid legal evidence (depositions from the medical worker, and your husband ) to present on the case.

I think it's a big IF - I suggest talking with an immigration attorney in the USA that specializes in handling cases in Jamaica (but come on, others have already suggested that you - I had hoped that you have representation by now, and an attorney would mention how to handle an appeal - or even mention if your case MIGHT be appeal-able or not ).

Darnell - MrsHamilton's husband admitted to drugs in the past, that is the reason the doctor wrote yes (it was not a doctor's mistake therefore a lawyer cannot help her)

MrsHamilton - I am so sorry for your situation, but contacting a senator/congressman doesn't cost anything and it might help. It's worth a shot

Good luck.

C_W - Yah - but I read her report the 'other' way - When he was asked, he said 'NO' - but the medical screener put 'YES' on the form. I only read what she wrote - is always possible *I* reversed it..

My husband's family members have contacted an attorney on his behalf, I took it upon myself to call the DOS to see what could be done and to ask when would our paper work be returned, the embassy is still in posesstion of our marriage cert, his & his daughters birth cet and all of my finanical papers.

Duh - I forgot something - my bad.

IF you receive back a 'Notice of Intent to Deny' notice via postal mail - then you __MIGHT__have a chance to appeal the decision - but you'll have to have solid legal evidence (depositions from the medical worker, and your husband ) to present on the case.

I think it's a big IF - I suggest talking with an immigration attorney in the USA that specializes in handling cases in Jamaica (but come on, others have already suggested that you - I had hoped that you have representation by now, and an attorney would mention how to handle an appeal - or even mention if your case MIGHT be appeal-able or not ).

Darnell - MrsHamilton's husband admitted to drugs in the past, that is the reason the doctor wrote yes (it was not a doctor's mistake therefore a lawyer cannot help her)

MrsHamilton - I am so sorry for your situation, but contacting a senator/congressman doesn't cost anything and it might help. It's worth a shot

Good luck.

C_W - Yah - but I read her report the 'other' way - When he was asked, he said 'NO' - but the medical screener put 'YES' on the form. I only read what she wrote - is always possible *I* reversed it..

My husband's family members have contacted an attorney on his behalf, I took it upon myself to call the DOS to see what could be done and to ask when would our paper work be returned, the embassy is still in posesstion of our marriage cert, his & his daughters birth cet and all of my finanical papers.

Also when my husband was asked when was the last time he used maraijuna under or over a month, he replied 2 years & 2 months, the medical examiner only put the 2 months.

The difference between the K3 is for the fianc'e and the K4 is for the finac'e children, and no you can't work with a K3 until you do your AOS... hope this helps.. Blessings

Hello there every 1.. hope all is good. I have a question, I spoke to the DOS last week to find out what if anything can be done about my husbands k3 denial, just to give a quick history, he was denied in 8/09 because he answered yes on his medical exam that he had used maraijuna in his past, even though his urine test was clean, and he had a three year ban placed on him. The question I have is, I was told by the DOS to contact my senator & congress and they could contact the chief immigration officer, I was wondering if anyone has had any experince with a similar situation.Thank u for any help provided.. Blessings

CONGRATS!!!!!!!!!!!!!!!!!!!!

My Fiance's K1 visa was denied also. During his Medical process he admitted to smoking "weed" marijuana and as a result his K1 visa was denied. they held onto all the paper work.

can we appeal? how can we circumvent this?

please help

is your fiance from Jamaica?

Oh I am so sorry to hear that, the same thing happend to us, they still have all my husbands's paperwork, when I called the DOS the other day, they stated that in 2012, my husband will finsih the process, I guess that's when he is supposed to get his paperwork back, well I hope he dosen't need his daughters birthcerts before then

Sorry. they are not.. I sent 17 e-mails to the Jamaica Embassy.. no reply that is just the way it is.. Blessings

The embassy does not respond to my inquiries regarding status of the case. Do they break any law or my constitutional rights? I'm a US citizen.

Sorry to say, they don't.. I sent 17 e-mails to the embassy, and I didn't any reply.. that is how it goes .. Blessings

Are the procedures different for k1 and k3 once they get to nvc.i see all this stuff abbout paying fees and forms .i thought forr k1 all u file is the 134 at your nterview.im lost...and confused...glad i have an attorney...lol

The extra fees that come with K3 is once ur spouse gets to the US, u have to do the AOS and that is addtional fee, I am not sure if u so the same route with the k1. Blessings

You REALLY want to go for the CR-1 visa, it is less expensive than the K-3 and is far superior allowing for immediate work and green card

Most def.. go with the Cr1.. it is worth it in the long run!!! welcome to VJ, I pray that ur jounery is a swift one

My friends.....I just got Cory's call. She got the visa. Oh God....I am so happy I think I will burst. Thank you God....and Thank you VJ and its members for your valuable help. Because of this Cory and me made a commitment of staying here and help others. As soon as she tells how it went I will update the timeline and put write a review. Thanks again my friends. So if you excuse me I think I need some time to cry and thank God for his help.

PEACE!!!!!!!!!!!!!!!!!!!!!

CONGRATS!!!!!!!!!!!!!!!!!!!!!!!!!

Good luck mi friend !!!!!!!!!!!!!!!!!!!!!!!!!!

HELLO EVERYONE!!

I JUST WANT TO SCREAM IT TO THE WORLD: WE GOT OUR INTERVIEW DATE!! It is schedule for November 3rd!!

So that makes me think... Do you guys really think interviews are only scheduled the first 2 weeks of each month??

Anyway, I am so happy right now and I encourage everyone who's done with NVC to call and see if you have an interview date. THANK YOU SO MUCH TO ALL MY FRIENDS HERE ON VJ: PARIS, you are the greatest.. thank you so much for all your help to me and other... you are an angle, HISGIRL, TNGIRL, GUNDAS, QQUAKER, Christee, LGG, Malrothien, everyone!!!

CONGRATS!!!!!!!!!!!! I hope the rest of your jounery goes as smooth. Blessings

My visa got approved today and thanks for the informations you share with me.

Good luck to all of you.

CONGRATS!!!!!!!!!!!!!!!!

Just got a touch earlier today then tonight as my husband is on his break from the military break we were chatting online and there the email came at 7pm tonight.

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: WACXXXXXXXXX

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

On September 22, 2009, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

Were so happy, I had to cry tears of joy. Thanks for all your support to you all. To all those waiting I wish for yours to come soon.

Sandra

CONGRATS!!!!!!!!!!!!! I hope you have a swift and wonderful journey

My case was completed on June 15th and am waiting for my interview, anyone here got interview for OCT ??????????????

CONGRATS!!!! I pray that all goes well

CR-1 ? first time ive heard of this , ill google this and just read about it , thanks for the reply guys

CR1 is the I130

I'm planning on moving to the US asap. Should I quit my job a few days before the interview or should I wait until I have the visa?

I would wait until u have the visa in hand.. then quit or give a notice.. Blessings

Wtih mi & hubby's situtation, would we be able to apply for a I 601?

I don't think so MrsH

Because he ADMITTED and because they wrote specifically that he was not eligible for a waiver...

I really would contact a lawyer, but at this point I don't think even that will do any good.

The only other thing I can think of is if you can prove that it will be a hardship to you if he cannot come to the US and get a statement from your children's father stating that you can't move to JA.

This post is from the waiver section, it may give you an idea of the things that qualify for hardship:

This is some advice from Laural Scott ( Immigration Attorney who specializes in I-601 waivers) for writing your own hardship letter. I have copied it from www.immigrate2us.net

DO NOT OVERWHELM THE ADJUDICATOR WITH LOTS OF WEAK ARGUMENTS.

You want to give the adjudicator your strongest three to five arguments for hardship and PROVE your hardship with documentation. Don't 'bury' your stronger arguments among lots of weaker ones. Start with the strongest arguments first and include weaker ones later in the brief. Same thing with supporting documents. Support your points, but don't overwhelm. If you have a doctor's letter explaining your medical condition, you don't need 20 pages of lab reports.

SUPPORT YOUR ARGUMENTS WITH EVIDENCE

If you say your mom has a medical condition, supply a doctor's note. If you say you have unusual job skills specific to the US, get a letter from your employer. If you say your ex-wife would not allow you to take your mutual child abroad, get a letter from her if you can. Getting supporting documents can be a pain in the ###, but DO IT! If you ask the doctor for your records and he doesn't return your call, CALL AGAIN! If your mom's psychiatrist says he needs a release form from your mom, get her to sign one! If you're embarrased to tell your boss that the reason your performance has been slipping is because your wife was deported, bite the bullet and tell him and ask for a letter. Note: if you have a very strong argument, but you absolutely cannot get evidence - e.g. your spouse was the victim of a hate crime in her home country, but never reported it - include the argument anyway and give LOTS OF DETAILS. Telling a very detailed story with names and dates can sometimes substitute for lack of evidence if it is credible that no evidence would exist (e.g. you had a surgery ten years ago relavant to your current state of health, but the hopital has purged the records).

KNOW YOUR STRONGEST ARGUMENTS

Below are just examples of various arguments on a scale from 1 to 5, with 1 being the strongest and 5 the weakest. It is not an exhaustive list.

Level 1 arguments:

(a) you have a MAJOR medical condition (e.g. brain tumor, multiple sclerosis, cerebral palsy) which makes you unable to move abroad and for which you really need your spouse in the US to help take care of you,

(B) you are caring for an elderly, chronically ill, or disabled relative who needs constant care and whose condition is bad enough that you either MUST live with the relative or you MUST spend at least an hour a day assisting the relative with things like hygiene or physical therapy, and this makes you unable to move abroad and makes you really need your spouse in the US to help you care for your relative and manage your other responsibilities, or

© your spouse's country is in a state of war or major political upheaval (e.g. Liberia).

Level 2 arguments include:

(a) you are the primary caregiver for your child(ren) from a prior relationship and the child(ren)'s other parent will not allow you to take the children out of the country AND the child(ren) have formed an emotional attachment to your new spouse or fiance(e),

(B) you have a serious medical condition that makes it very difficult for you to move abroad and you need your spouse to come help you (e.g. you need to have major surgery sometime in the next year, with an expected recovery time of several months),

© you are caring for a moderately disabled relative who normally can care for him/herself but occasionaly has episodes in which he/she needs a lot of help from you and during those time you, in turn, need help from your spouse,

(d) a relative is unusually financially dependent on you (e.g. your mother has just gone through a nasty divorce with your father in which she got nothing and because she has never worked, she doesn't qualify for social security, so you are supporting her in the entirety for the rest of her life),

(e) you have a child that you are putting through college or are about to put through college, or

your spouse's country is on the verge of major political unrest (e.g. Boliva) or negative political change (e.g. Iran) or the country is known for oppression of one sort or another (e.g. you are a Christian woman and your husband is from Saudi Arabia), or it is in the infant stages of post-war recovery (e.g. Afghanistan).

Level 3 arguments include:

(a) you are the non-custodial parent of a child from a prior relationship and you have an actual relationship with that child and the child's other parent will not allow you to take the child out of the country but your spouse or fiance(e) does not have a relationship with the child at this time,

(B) you have a significant condition that makes it inconvenient for you to move out of the country (e.g. severe asthma and your spouse lives in Mexico City),

© you have been diagnosed by a licensed psychologist/psychiatrist with clinical depression due to your spouse's immigration problems (I've argued to the Administrative Appeals Unit that this condition should be taken more seriously by adjudications officers, but at this time I am listing it as a 'moderate' argument),

(d) you and your spouse have young children together or you have full custody of your child and can bring him/her abroad and your spouse's home country has bad public health conditions and bad public education,

(e) your job requires a license in both the US and abroad and it will be very difficult to get licensed abroad (e.g. attorney),

you have job skills that are very specific to the US (e.g. a tax accountant with extensive familiarity with US tax law),

(g) your spouse's country has a very bad economy (e.g. Chad),

(h) you have a close relative who is partially dependent on you financially (e.g. your mom gets social security but needs your extra $500 per month to stay in her present apartment) or physically (e.g. your mom pretty much gets around ok, but her health has been declining and you expect her to need more of your help in the near future).

Level 4 arguments include:

(a) you have debts you wouldn't be able to pay if you moved abroad,

(B) your spouse's country has a high unemployment rate,

© your spouse's country has a high crime rate,

(d) you've been depondent since your spouse left the country, but haven't sought professional help,

(e) your parents are getting old.

Level 5 arguments include:

(a) you got a high score on the Holmes-Rahe scale,

(B) you and your spouse want to have children in the future (but are not currently pregnant) and either the wife is getting older or the foreign country has a high infant mortality rate.

Don't get discouraged if all you have is two Level 3 arguments and a couple of Level 4 arguments. While one Level 3 argument by itself might not make a strong case, a few put together can be very strong in the aggregate. Just present your case in the strongest possible light. If all you can think of is a couple of Level 4 and Level 5 arguments, I recommend that you pay for a consultation with an attorney to at least see if you can brainstorm some stronger arguments.

Note: whenever you claim that a relative is dependent on you either for direct care or for money, you must explain why no other relative such as one of your siblings can provide the same care or support.

_________________

I have highlighted the things I think may apply in bold

The fact that they actually WROTE that he was not eligible for a waiver concerns me tho

I hope your time with him will help to heal the heartbreak you are feeling.

I wish I knew more about these things and could help you more. You are in my prayers

Thank you so much!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I read over the list but I only have 1 level 3 argument & 1 level 5 argument.. but I am going to take your advice and consult with the attonery.. I am praying it helps.. I don't know what we are going to do if we have to wait the three years out, since $ is really tight now, and I can't go and vist every 90 days like the previous years .. I will let u know how the attorney thing goes.. chat with u later

Culture

ask him to return with police certificate box checked and at the bottom handwritten: I-601, 2 G325a forms, hardship letter "suggested joint sponsor earning 70K+"

Sounds like you might be eligible for a 601 waiver???

http://www.uscis.gov/files/form/i-601.pdf

http://www.visajourney.com/forums/index.php?showtopic=319

I am praying for you.

Wtih mi & hubby's situtation, would we be able to apply for a I 601?

Mrs H...all I can recommend now is that you two continue to be open and honest with each other about how you want your relationship to be. You're going to have to work out a visitation schedule that works for you all, and just to be honest, it's going to be SOOO difficult emotionally, especially the 1st year or so--but rest assured if the love that you two share is true, it can be done! IMO this will be a testament to the validity & strength of your relationship. And to be real with you, taking a break from VJ will do wonders for you emotionally. Well, it did for me. I took a break from here for almost 2 years...seeing the approvals and adjustments can be extremely difficult and make things worse IMO...I don't know, you'll just have to figure out what works/doesn't work for you. TTYL

Hey Cara! How are the wedding plans coming? How's Richard and the babies?

Thank you so much for all the advice, this is the morning after, and it still seems like a bad dream, at least the crying has stopped for now, this morning I am planing a trip to go see my hubby... I need to feel his touch, and to hold him to tell him it will be alright.