MrsP

Great to hear you finally got that interview. Wishing you both the very very best with the refiled waivers, I know this has been a very long, stressful process for you.

Thanks AW... nice to see things are working out for you, I took a look at your timeline.

Congrats

Hi

I haven't been on here for months, but I just wanted to

post that we finally got our fnal -130 interview at BsAs embassy

at the end of Feb

Of course we are now refiling both waivers

Thanks,

I have been away so long they changed the forums

I see now

P

Hey All,

Well finally we have finished our long wait in the NVC waiting room.

I got mail saying our case was forwarded to the embassy in Argentina on 10/12/06.

only 2 1/2 years after we filed the I-130 .

Does anyone know how long the embassy is taking these days to schedule intverviews.

I have to go help my mom in england on Dec 15th, and I want to go to Argentina for

the interview ......

P

Helloooo........

echo?

Hi all,

our case was forwarded to BS AS on October 12th, does anyone

have any idea how long it takes for the interview to happen. this

is an I-130 for us citizen spouse.

it took one month for the K3 but we don't know how long or how much

notice to expect for the I-130

we would be grateful if there are insights you could give us ???

P

does this answer mean that we are the only people ever to pass an I-130

through the embassy in Buenos Aires?

P

Hi all,

our case was forwarded to BS AS on October 12th, does anyone

have any idea how long it takes for the interview to happen. this

is an I-130 for us citizen spouse.

it took one month for the K3 but we don't know how long or how much

notice to expect for the I-130

we would be grateful if there are insights you could give us ???

P

Hey All,

Well finally we have finished our long wait in the NVC waiting room.

I got mail saying our case was forwarded to the embassy in Argentina on 10/12/06.

only 2 1/2 years after we filed the I-130 .

Does anyone know how long the embassy is taking these days to schedule intverviews.

I have to go help my mom in england on Dec 15th, and I want to go to Argentina for

the interview ......

P

I suspect that most everybody here is new, and doesnt remember our case but I thought I would just let you know that I finally got to send my hubby's DS230 back to NVC last week.

This means that we should have our interview (again) in a couple of weeks and we get to submit a whole brand new waiver.

I expect the waiver to take until spring next year to be decided, almost exactly 3 years since I got

married. let's hope this one isn't denied or we will have to start the whole process over again!!!

MrsP

Well,

here is something to consider, because this occurred in the workplace.

First of all, any behaviour that another worker finds offensive can be

considered harrassment. I hope you told her that it upset you and that

her behaviour was not welcome. If you did you are on the right track

to protect yourself from further persecution. Make a note of the

conversation and the date and keep a long.

Make sure that if it happens again you always remind her that her

discriminatory behaviour is unwelcome and upsets you. This must

interfere with your ability to work.

I would give her the benefit of the doubt the first time but if the

situation becomes worse I would report her.

Mrs P>

I don't think I have ever seen anything here that gave hope for MTR's. I think it is just a way to make money. Of course, I can't blame you for filing it but it is not surprising that you got no relief.

On the otherhand I have seen many cases where second applications and such things as the I 130 were successful. I think there is room for optimism on that one. The immigration legislation is also looking promising, at least in the Senate.

Have you been able to confirm that the waiver part of the legislation has remained in tact through these various compromises?

To me it seems bizarre the way this legislation has unfolded. Every "no" vote has been changed with some sort of draconian compromise. I think when we get the final bill it will be to let everybody stay that has been here over 2 years and kill the rest. I suppose that is the only way to make them all happy.

Mrs. P,

I don't think I have ever asked. Have you done all of this yourself, or do you have a lawyer?

Hi Sjoe,

We have a good lawyer,

however I filed the MTR myself because we knew it was a long shot and wanted to save our remaining money to refile new waivers with the lawyer rather than blow it on the MTR. Although I have to say that there is NO reason for them to deny what I submitted. I left them no choices and produced evidence amounting to even extreme and unusual hardship when the level we have to meet is only extreme hardship. The gentleman in the embassy in Peru simply passed it to the AAO office seemingly automatically. However I had enclosed original letters from multiple medical professionals stating that I could face extreme medical consequences if my condition is not relieved by my husband returning to the US so I do not have to separate from my daughters to be with him. I was referred to a psychiatrist by the psychologist that I have been seeing regularly for 2 years now. I was told just last week by the psychiatrist that I was in no way better, and I would have to continue taking the prozac for at least a year after she decides I am better. I believe this denial is truly an abuse of power. However the AAO office told me to call back in a year!!! Whether or not it was an abuse of power it would not address this medical situation in a reasonable time frame.

My underlying gut feeling is that they carte blanche deny hardship waivers based on K3 visas and I am currently gathering hard evidence on such so that I can prove this. This practice is in fact not following the intention of the law since if the law meant automatic denial for K3 then it would not even make the waiver available on a K3, and there is absolutely NO specification in the law, of any different level of hardship for K3 vs I-130, ie: they are supposed to treat them both the same. If I was not in the position that withdrawal of the appeal was the best move then I would most certainly take further legal action for not following the law at the Embassy in Peru based on my research, however currently this would not be a good Idea.

P

PS: If the new law that passed the senate today is passed in it's entirety by the house and the president then the I-601 becomes a non issue, HOWEVER hubby will not be able to come home since he will still have to file an I-212 waiver (this was not addressed in the law). While the new law helps us somewhat, it is allowing those who are already in the country to stay, while still barring some spouses and parents of US Citizens from re-entering. Seems to me like, once they are out of the country nobody cares, and that really the new law has little to to with the american tradition of family values and alot to do with money.

That is a shame Mrs P,

The I 130 is still out there!! Right????

sjoe, if our I-130 gets to Buenos Aires before this we will withdraw the appeal and

submit new waivers.

OR.

If we get some relief from the new law passing we will file an I-212 right now...

i had three lives left, the MTR was one of them so now we are down to two lives.

P

If your evidence was too dated they should have sent you an RFE (request for info) so that they can update their files. This would have been the proper way to handle it.

I would certainly see if there is any legal recourse which would allow you to simply submit new proof now on the same application.

P

I hope your interview went well.

I just thought I would update. In March I filed a motion to reconsider on our waiver denials, it was not approved and was forwarded to the Administrative appeals office in Washington DC as an appeal. They were very nice on the phone but the inevitable truth is.... They told me to call them back in about a year!!!

P

When will you use the ticket?

I used the ticket and got back here on May 1st.

Guess what....

They approved the I-130 at the interview today!!!!!

...

now we get to pay again, do the medical again and file waivers again but

at least its a step forward

P

Hey Sjoe

I got a plane ticket to Argentina,

P

Regardless, there is not one person on the planet I would want

ever to be deported again.

Please help us get the Kennedy McKain bill passed. There are

two clauses in there that help put families back together after

deportation. They have not as yet been included in the specter

senate bill.

Not only is Jen suffering but so is her US Citizen family. We are

the forgotten Americans.

Please support the immigration advocacy demonstrations so that

people will stop being deported, It is the ultimate punishment.

P

Mrs P,

I thought you might get a laugh out of this one:

We finally got a letter today to show up for a biometrics appointment on 7 Apr 06 at 9 AM. They threw in a few gratuitous threats about not being there on time. It seems if you don't make this appointment on time your petition is considered abandoned and you must file all over again.

There is a slight problem. The appointment is in New Orleans. I have read on the internet and it seems that this office is more or less in the Gulf of Mexico. They haven't even been able to go in and see if any records are still there.

Of course this little complication takes a back seat to your problems and all of the others here that are waiting without the person they love. I just thought you might laugh at the fact that the insanity never stops.

My heart goes out to all of you that are waiting here. Trust me you are in the most difficult part of the journey. From here the craziness becomes laughable!!!

That's pretty stupid of them, but I have one of those as well just last week

I got a letter from USCIS which was received on about March 20th 2006.

It was in response to an inquiry I made regarding our Missing I-130. I made the inquiry in person using an infopass appointment in Miami!!!!

The letter states,

on 11/30/2005 you, or the designated representative shown below contacted us about your case.

it then lists our case info.

then it says,

The status of your service request is as follows:

UNABLE TO CHECK CASE WITHOUT ALIEN NUMBER OR RECEIPT NUMBER

if you have any further questions please call the National Customer service center at 1-800-375-5283

I can't believe this, it took them 4 months to tell me this, AND our receipt number is clearly listed on the letter amongst the case info I already gave them.

I thought this was the most incompetent thing I have seen so far, that was until I saw yours.!!!!!

Hi Sjoe,

no news on the MTR yet....

they processed it on March 10th, I have no clue how long it takes them to decide this stuff...

P

I wrote to them but I have some reservations about the wording of this bill. To me it reads like the only difference is you have to get a waiver and pay a $2K fine. I explained in the letter that I support the bill if the waiver is being replaced by a fine.

You know this whole thing is bullshit. If you ask around about 90% of the general population thinks that an immigrant is granted full blown citizenship if they marry an American. Nobody really has a problem with this except the government.

What has happened to you is insane. As far as I know America has never suffered an Argentine terrorist attack.

If they really want to avoid terrorism they ought to stop pissing people off. This government is completely incapable of solving any kind of problem. They ALWAYS screw things up completely.

Thank you for writing them Joe,

you are a good man.

P

Hi Sjoe,

Well...

It is written really poorly and everyone has been discussing the precise meaning.

this is the closest i have been able to come to definitive information. In addition our Lawyer

concurs with this analysis.

cross posted from immigrate2us.net (sorry for the crosspost)

I just got an email from american families united that confirms that the 3/10 year bar would be waived with just a fee..

All,

I spoke with Susan Collins from Illinios Congressman Luis

Guiterres's ofice today. He is a sponsor of McCain Kennedy which she

confirmed would waive with a fee the 3/10 year bars for familes of

American Citizens. She also said their legislation would reduce the

poverty guidliness for the avidavit of support and she seemed open

to ideas such as insurance.

She said in her area some simmilar stories have made the news and

more and more are supporting our issues for US Citizens

She also said that California Senator Diane Fienstein does not

support McCain Kennedy so please call her office and let her know

that at least she needs to support American Families.

She also said in the Chicago Area there were other groups supporting

simmilair initiatves such as the Asian American Justice Center at

http://www.advancingequality.org/?id=45

I also pointed her to our website and asked her to give it out to

any one who was intrested.

Congressman Guiterrez site is: http://luisgutierrez.house.gov/

Thanks for the thoughts Sjoe,

There are many many people who are in worse situations than us. Imagine if you are a single mom or dad with small babies and your husband or wife is deported, you have no way to support them and you are just lost in a maze of red tape, and once you have made a mistake the immigration nightmare just doesnt let go.

If you believe in family unity, the most effective way to help is to write to your congress reps

and senators.

Right now there is legislation on the table that can help people like myself, these are under

the items for family unity in the Kennedy McCain bill. (clauses 606 and 607)

yes there really needs to be a major concern regarding border security but it is so easy for the smaller

yet equally heartbreaking number of cases that are being lost and forgotten in the rush to worry

about the rest of the reforms.

If you want to help write to them now.

I wish you all the best of luck with your cases and may you never experience any problems.

P

Mary,

sorry yes I didnt realize that was what you were talking about, ...

P

no problem sjoe

My Motion to Reconsider was delievered to Lima Yesterday

I will be focusing on that small hope for a little while.

what a catastrophe this system is.

there will be no relief for us in the new immigration bill

i thought there might be but now I see it is gone. in fact

it may be made worse and we might have to pay a fine

as well as get the waiver. Nobody is really sure what is

going on, but all it seems to be doing is helping those who

are already in the country and doing nothing for family

unity unless you are already here.

P

no one knows how Liam managed to contact the embassy and get back in to see them when he had his problems? i feel we deserve to talk to the supervisor who arranged for us to be allowed to file the waiver. the matter of the wording of the charge was supposed to have been already sorted. we did not expect that part to be an issue.

mary

Guys

I do not believe that your CIMT is not waiverable, are you sure you didnt misread the letter?

even violent crimes are waiverable (difficult but still there is a legal right to try)

By the way, we just got denied too but in Lima.

To file a Motion to reconsider you need to show that the law was misapplied. I just filed one.

however if it goes to the appeals office in washington it will take a long time and probably get

denied, SO... if your MTR fails then withdraw it and file another brand new waiver.

you really need to check this out your options are not all exhausted yet

P

Hi guys,

last month my hubby and i heard that our waivers were denied In Lima, we have a reasonably strong case and we are both devastated....

i hold dual US and UK citizenship, and my family except for my daughters lives in the UK. I cannot go there either because our hardships remain exactly the same as they would be to go to Argentina. I cannot leave my girls.

I have been trying to figure out if I can have my hubby go through london. My mom needs someone to help her fix up her house and my hubby could go to the UK to help her because he has no job in argentina. then we can file a new K3 app for him with his address in wales.

has anyone had any experience trying to do this???