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edward toro

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Posts posted by edward toro

  1. I did not remember VJ to be this hostile. Anyway. You did get the wrong impression. I am not trying to get him to the States so he can become one more illegal alien. That's not the point. I am looking for legal ways for him to remain with his only family at least until he finish school and gain some tools for a better future (University diploma etc etc).

    He does not need to work. And actually, We are not even looking for a path for permanent residence (if that comes along the way fine but that's for another topic) Just trying to give him more time with his family.

  2. OK the problem is the following:

    I have a brother but he is not related by blood. My mother took care of him when he was a child after his biological mother passed away.

    My mother will travel to the states in few months and I he will be left alone. He just turned 21 not married.

    I was thinking to try a student visa. I have a very good income (thanks GOD) and I could be his sponsor.

    I am a partner at the company I work for. A work visa could work I guess.

    A tourist visa is a difficult one. He is a full time student. Any assets are under my mother's name and I don't see the embassy too happy with our story.

    Please any ideas will be highly appreciated.

  3. Hello my friends at VJ's

    Here is my problem.

    I am a US Citizen. My brother has been living in the states for the last 12 years. He entered with a tourist visa and applied for an asylum. The asylum petition was denied and well he is been living for all this years without a legal status. He is been Paying all his taxes, He also has a clean public record, not even a parking ticket.

    I want to petition for him but I don know where to start. Thank you very much for your help.

  4. It's very nice that you are trying to help but the majority of what you are posting is incorrect. A K-visa petitioner is also a qualifying relative, in addition to a USC?LPR spouse or parent, for the purposes of a waiver of inadmissibility...according to the 601 directions and form.

    Also, an inspected fraudulent entry is not considered an EWI under current caselaw. That could change, but right now that's not considered an EWI.

    The OP did not mention what type of visa he entered the US with or what his authorized duration of stay was. You're assuming that it was 6 months, but it was likely longer since the consulate didn't find him inadmissibile for unlawful presence.

    Lone 212's for fiance petitions are filed at the consulate abroad whereas lone 212's for other petitions are filed where the removal occured. It can be a "black hole" especially when filed in the US, but I've seen better results with lone 212's filed abroad bc they are waiting in a "line" with other waivers while the others just sit on some desk in the US.

    To the OP:

    As for the 212 waiver, I can't see why one is necessary if he wasn't removed. In a situation where enters fraudulently or misrepresents themsef a 601 saiver is necessary. I just don't understand why you weren't told about it...but the consulate makes mistakes all of the time.

    I wouldn't get discouraged if I were you. Honestly, lying to obtain a visa is a BIG DEAL. It's a difficult inadmissibility to overcome but it's not impossible. You need a very very experienced lawyer in dealing with this case as it's somethign you don't want to handle alone.

    From our experience, we needed the 601 and the 212. The 212 was because of my spouse's deportion while the 601 was for his fraudulent entry under the visa waiver program and overstay. It was approved in April 09 and my spouse was back home to our family after 2.5 years apart. Good luck to you!

    Well Some of your informations is also incorrect.

    Number one: Yes technically it is true that an I-601 can be filed by a fiance. But I have researched this before and there is NO evidence of an single approval on this scenario. So, NOT technically, It is impossible.

    Number 2: If the embassy did not give you a letter that says that your fiance has been found ineligible, you should proceed with the I-212 alone. If the embassy did a mistake, you will have some special treatment if you have to refile. It kind of happened to me. So I speak from personal experience.

    Go and follow the embassy instructions. If they did a mistake you will be in a good position. Oh and by the way if you end up needing to file an I-601 you have no chance at all of getting it approved as a fiance 0%.

  5. Thanks to GOD, Our Journey is about to end. We are about to close this long chapter in our lives. After a deportation back in 2006, the IR1 Visa for my wife and IR2 visa for our 2 year old baby was approved on Sept 22, 2010.

    I was helped by GOD in many ways. However, there's something I will never forget: GOD used someone here on visa journey to make all this happen: bocajr27, member of visa journey, not only he guided us throughout this difficult process, he gave us HOPE.

    bocajr27, GOD used you. We prayed to the LORD for help and HE used you.

    Thank you GOD. Thank you bocajr27.

  6. aahhh a clear answer......thank you, i truly appreciate :)

    and good luck to you too!

    Well, Not really. If you are 110% sure of what type of waiver you need, you could -in some cases- file it after the I-130 is approved. For example: If the only waiver you need is an I-212, you can file it right after your I-130 approval and save a lot of time, since waivers usually take several months to be approved. On the other hand, if you need two waivers like an I-601 and an I-212 there's no short cut. You have to wait until the embassy interview. I will go to see a very, very good lawyer on this one.

  7. I am defeated and devastating.

    This past March we had our i-130 interview. The embassy requested an i212 because my wife lived here for some years with a pending asylum. 4 years ago I married her, We hired an expensive lawyer who misguide us and now I am feeling dead inside.

    The embassy request an i212 to be filed at my local USCIS office in Fort Lauderdale FL. The consular officer did say that my wife is consider as deported. However, the C.O did not request an i601 just an i212. I don't know why maybe she is going to do it it one day when we get the i212 approved. I filed this i212 form but it is not moving at all.

    As you can see my situation is traumatic and on top of that we have a 2 year old baby. I want to be with my wife and my baby.

    My question is: What can I do ? Some say that she should move to the Bahamas so I can visit her every week. Others say move to Canada. Traveling to Canada is cheaper than South America.

    I need some help I am losing my mind I am in deep sorrow. I feel dried inside. PLEASE HELP ME!

  8. First interview March 23, 2010 my wife and baby were put on AP.

    Second interview, April 9, 2010, my wife still on AP. My baby was out of AP but no visa for him because he needs to wait for his mother visa result.

    What can I do? What am I supposed to do now ?

    I need more advice in how to deal with AP's

    I already called DOS and they don't have any other info than the March interview. that's all what they have.

    Please any advice will be appreciated.

  9. OK this is where we are at:

    March 23rd at the interview for baby and wife the C.O said that my wife was deported and she put us on AP while they investigate her case. We showed proof that my wife was under legal status while in the States but it wasn't enough. On top of that she said that she didn't "like" the birth cert. for our baby so she also gave us a 221G for that and said that we need to get a new one.

    For my wife she said to wait 2 weeks and they will let us know what they will do.

    they gave us a white document that has a large red stamp that says: 221G EXPEDITED.

    *Birth Cert. Original for Joel (my baby)

    *Others: You have been put on AP. (the document is in spanish I'm doing a simple translation)

    Now this is what I'm doing:

    I already send an e-mail to the embassy explaining my wife's case how she was granted voluntary departure. (no answer yet)

    Tomorrow I have my infopass appointment where I will see what immigration have to say about all this.

    Also I will contact my congressman tomorrow to seek for their help.

    I AM WILLING TO DO ANYTHING UNDER THE LAW .

    What else can I do ?

    FYI:

    We have a 19 months old baby nor USC because I was an LPR and he was born.

    we have been married for almost 4 year.

    My wife lived in the States for 6 years from 15 to 21 years old. Her family applied for an asylum and latter for voluntary departure. She didn't leave by the deadline because we filed a motion to reopen. This petition was denied and she was granted an extra 14 days to leave. She left by the deadline.

    She's been outside the U.S for 3 years and 5 months.

    Any advise will be highly appreciated.

    THANK YOU!

  10. I was at the interview with my wife and baby. The CO didn't talk to me AT ALL. She only talked to my wife. She was asking about the time my wife was in the U.S My wife was always under status we had all the documents supporting that. Besides, she denied my baby visa no reason at all.

    The white sheet only says that a birth certificate for my baby is require. We had one and original one.

    She also told my wife that she will received a call telling her what to do. This is very unusual.

  11. OK I did one really stupid mistake and the embassy interview is just 3 days away.

    the mistake is that I put that my wife never had a job on all the forms we filed and here's why I did it:

    My wife lived in the States for many years; she studied for modeling and she only worked for the agency as part for her training. She did get pay for those jobs but she never filed an income tax because her earnings were only 4 to 5K a year so she didn't need to file one. Then when we got married her temporal status was over and we moved to her country. I opened a business there and she helped me in the company. She was not on the payroll. She just liked to help me.

    So now she just had her medical and the doctor asked her if she had ever worked. She answer that she worked in our company. So How can We approach this problem at the embassy? If she tells the consular officer that she had worked in the pass they are going to have a different thing on their file.

    I am right now in Bogota Colombia with my wife waiting for the interview.

    Any advise will be highly appreciated.

    Thank you VJ's members.

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