BellaRose

My husband should have visa in hand by Monday....and then I can put him on the next flight!

Just an update for anyone who was following our case....his attempted assault in the third degree was not ruled as a crime of moral turptitude and his overstay waiver was approved last week throuh the lockbox. After over 4 years, my baby gets to come home!

You would need a consult with a lawyer. There is no set rules for what extreme hardship is considered. What has to be done is prove that you the US citizen will face extreme hardship that will out weigh the immigrant's complicating factors. Misrepresentation is up there on the list of one the worst complicating factors. Hardships can include multiple things such as unable to find work in mexico with you're qualifications, sick US citizen relatives you care for, emotional affects, quality of life, amongst many other things. Again your lawyer is going to need extensive amounts of hardship to outweigh the complicating factors. Moving to your spouses country is entirely up to you.....the waiver is always worth a shot and processing times at the lockbox seem to be around 4 months which isn't too long.

I don't have a lawyer. How would you go about addressing it. Some sort of formal apology? Or just stating that we are aware that complicates our case? I wish they would give you instructions on what to submit because I was under the impression that we only had to address our given inadmissability.

Ok...so at interview we were denied based on his overstay, waiverable 10 year ban....and his crime of a class b misdemeanor (attempted assault in 3rd degree) was not ruled as a CIMT by the consular officer. I sent in our I-601 waiver and I should be receiving an RFE. I heard horror stories of adjucators slapping on extra inadmisabilities at this stage of game in RFEs.

I would like opinions on whether or not this type of crime can be ruled as a CIMT or passed experiences of extensive RFEs. I just want to hope for the best but prepare for the worst...

Any advice, as always, is very much appreciated. Thank you.

I really feel the need to reply only because I have had a similar experience however looked at my situation differently. No one here knows your whole story so they can not fully judge your relationship as a whole, but can only give you their opinion from what little information you give. I don't know your entire situation but i can give you my experiences....and hopefully it may shed some light on yours. I am from an entirely different cultural background from my husband but i had the chance to live with him in the USA for a year before he left. He had two-three jobs at once...completely contributed to the household when needed, stayed home with our daughter when needed. He was exactly the husband i wanted. He had to leave, we start the process, in the beginning i was very apprehensive about sending him money because i know he gave money to his family meanwhile i was struggling here ( also a full-time student like you) ...i went to Samoa for the first time to see him and his family...total culture shock at the conditions they live in. So i told him to get an apartment and not live with his family so i know he is comfortable which i will pay for. I felt better but there were still times, many times that his mom got sick, or there was a funeral, or wedding, or water tank broke, or tsunami wiping out a family members house, that he was obligated to chip in money for....meaning i had to chip in money for. Anyway where IM going with this is his culture requires the entire family not just us to help financially for many projects. And him living with his relatives IR just being around gives him responsibility to pull his own weight, responsibility that he didn't have living here. I associate it with my grandmother who lives an hour away. My aunt is closest so she checks up on her every week day and i tertiary to keep her occupied on the weekend. It is like an unwritten law for our family of shift work to take care of my grandmother. In Samoa it's financial. Who's turn is it to pay for medications, diapers, wheelchair, doctor visit,....the list OS endless. There isn't any medical insurance and no one has a high paying job so it is a group effort to keep the family stable. I have learned this by visiting my husband and his family and watching, how things work. I would never ask him to send me money because he is only surviving there with the money i send...i finished school have a job. I only ask that he try to keep a job to offset the amount of money i send. That doesn't mean he was a bad provider when he was here. His environment changed and his hard work earns him a $1.50 an hour now and has his whole Samoan family to worry about. It took him three months just to get a signed paper to me recently due to financial issues but that doesn't mean he isn't praying for the day he comes back. Keep pushing your husband to get his papers done but also remember that he has tons of things to wrap up in his home country. Love conquers all things and if it's meant to be it will be. Don't get caught up in the time you are waiting. At least you know he is in the process of getting his documents together, i have been waiting four years now so consider yourself lucky. (Sorry for any typos, doing this on my phone)

We were denied in 2009. We were flagged for fraud,material misrepresentation , and a non-bonafide relationship. We received our action to deny a little more than a year latter. I overturned ever allegation without a lawyer and we were reaffirmed. We were denied after our second interview for an unresolved arrest, and the need to show proof that he didn't have any immigration proceedings against him for deportation. The required documents took me a year and one month to get. By that time our second interview was void. Our third interview is coming up on July 17th. We have all of the paperwork requested and are hoping to be denied only based on his overstay so we can submit the 601 waiver. We submitted our application in November 2008.....still waiting.

I just received this:

We have received the Uniform Sentence & Commitment document that was sent by your attorney. When your husband was interviewed on February 10, 2011, he was advised (OF 194 Refusal Worksheet) if he failed to take the action requested within one year following visa denial under section 221 (G) of the Immigration and Nationality Act, Section 203 (G) of the act requires that his application be cancelled.  We are able to hold the  I 130 petition that you filed, but Mr. Faafeu will need to have a new interview at this office. Other requirements will be he must pay the $230 US application fee, provide all of the court records including the guilty plea and transcripts (not just the final decision). Please provide his current address so we can mail him the required forms to obtain an immigrant interview. 

Has anyone ever heard of a third interview?!!! And given that there were no immigration proceedings found against him from the FOIA........do we still need to submit the I-601 waiver after our THIRD INTERVIEW?!!!!!

I feel like this process is getting unnecessarily ridiculous.

We might be in the clear, thank you for this information. We can only wait for a decision on our case now.

I was in immigration limbo for a year because our interview wasn't completed Feb 2011. They were asking for a certificate of disposition from an arrest of my husband's from the States. The issue was that he was not physically here to attend court.

Well....... Long story short my lawyer was able to try the case without my husband's presence.....AND......WE WON........AND the charges were dropped from a felony to misdemeanor!!!!!

Does anyone know if Attempted Assault in the 3rd Degree, Class B misdemeanor.......is a crime of moral turpitude?

Finally back on track. We may have finally passed ourinterview stage, and submit our I-601 waiver for his overstay.

I've inquired about extraditing him, but the prosecutor has dropped his case to a class b misdemeanor, attempted assault in the 3rd degree, no jail time...just a one year order of protection and a 200 dollar fine. They won't extradite him for a case that small. We just need a judge to see the case with a waiver of appearance to get a certificate of disposition. We just happen to have a stubborn judge. Thanks anyways guys.

Ok, if I somehow get him here legally to be tried, and there is no jail time does he still have to wait in jail for a waiver to go through or can he just go back to his country. I have an interview Monday for an Air Traffic position in California but it is still going to take 5 years to certify to even think about moving to another country. I refuse to get him here illegally because this is a federal job I'm going for. I can wait to be with him in another country. But he has three other children here, and that is not fair to him or them. That's why I'm still perusing this at all and I figure that I might as well while I'm waiting to certify.

My lawyer just informed me that the judge (from a prior arrest in the u.s.) will not accept a waiver of appearance. My husband has to attend this court date in order for these charges to be dropped. These charges need to be dropped in order for him to come into the u.s. I'm stuck in immigration limbo. Is there anyway to get him a visiting visa to be tried in court? Or a day long layover on a plane, or any LEGAL means of getting him to this court date, so we can finally submit our overstay waiver?

I was just wondering, in my case..... Say I finally get past the interveiw stage because I provided them with the documentation they wanted. They will in tern give my husband a ban from the country for let's say 3 years (if they are that lenient on him). Do we still need to submit the I-601 waiver for his overstay if he has already been out of the country 3 years....or can he be given his permanent residency straight after the interveiw process is done.

Hey guys,

I haven't been on here in awhile because nothing was happening with our case. Just a brief background....my husband and I have been waiting officially 3 years now to get him back home. We had a second interview in feb 11 and we were placed in limbo ( no denial, no approval). We were told that that since he had an outstanding warrant in the US that was never resolved.

Main issue was he isn't here to be tried. Please don't get the wrong idea about my husband, because it was a stupid fight that he didn't start. Anyway...someone on here gave me hope by telling me a lawyer could petition for a waiver of appearance. I'm sorry that I haven't looked back in my previous threads to get this person's name, but thank you.

I found a lawyer that was able to reopen this matter in court without my husband being present for a trial. Once this issue is resolved, we will be approved for our interview and they will let us finally submit his overstay waiver. This is AMAZING news, being that I didn't believe he was ever going to be able to come back.

I know this time of year is especially hard to be apart from loved ones, but if there is even a little hope for my husband to watch our four children grow up again, then that is better than any Christmas present that can be given to us.

God bless, and Happy Holidays to everyone.

Don't ever give up on your families, because they are the only ones that matter.

For the beneficiary. I interviewed with my husband in feb and they said that it was up to us to prove that he wasn't deported and there are no immigration court procedings pending against him. The lawyer said we can obtain proof by requesting a certification of identity. My lawyer sent it out three months ago and no word since.

Where do I send the certification of identity? I sent one three months ago and no response...... Is this normal?

First... CONGRATULATONS!!!!

Second.... Don't listen to Betsy, you DO NOT have to defend yourself or your situations. What you have done is a wonderful example to all those that need to be inspired. I too recieved a little help when I needed it. There is no shame in that, it is what programs like that are meant to do. I wish more women like us would find a solution rather than see it as impossible. You didnt make excuses or feel sorry for yourself, you got out and did something about it. Betsy can be rather prickly at times, usually during those times I tend to ignore her. She does offer some good advice at times, but mostly you just got to look the other way. Good luck and best wishes as you look for a job and begin your new career!

Thank you!!! You're right...I was just trying to help. I don't take any responses personal though, as I have a tough skin, but I just can't resist responding to ridiculous statements.

Gee not sure I would be posting this around acting proud of the fact. Kind of insulting for those of us who go to work every day so you can enjoy the amenities of life at our expense.

Thanks for the rude comment and jumping to conclusions when you don't know my situation. And I am absolutely not ashamed of getting help when it is needed. My husband and I were fine when he was here. Then once we started this process he was unable to stay in the U.S. I used up all my savings to maintain our rent and did not look for governmental assistance until a year later when everything was used up.

I also happened to be a full-time college student on a fast track program for Air Traffic Control which I graduated yesterday by the way at the top of my class.

I will be making a 6 figure salary by the time I'm 25 years old and I will be happy that my taxes will be going to good people that are less fortunate than I.

There are people who use the system to sit on there fat asses all day and collect child support but on the contrary I have accomplished more in the past year and a half then most of those stereotypes will in their entire lives.

This thread seems to have ignited a large debate. I live in New York and I am on public assistance so I would like comment.

Section 8 is not a quick fix, as one said earlier there is a long waiting list. Public housing is another unreliable option as they normally take only those in immediate need (i.e. those homeless, evicted, with children or domestic violence cases). That being said there are other alternatives.

If I were in your situation....

I would supplement my losses from rent increase by finding other programs I qualify for. Right now, just by applying for public assistance, I am receiving food stamps, metro cards, medicaid, paid child care, educational grants, free cellphone with monthly minutes, paid electricity and heat, and get a little pocket money every two weeks. This is all while I am in non-subsidized housing of my own choice.

If you are making an income of any kind then they will take into consideration your income...your expenses...and from that they will formulate what you are qualified for. You will also have to comply with them when it comes to going to all of there appointments and may even place you in a back-to-work program if you are ever out of a job.

If you could get an extra 75 dollars a month for food stamps alone....your rent increase will no longer seem so daunting.

UPDATE: My waiver case will be going to Bangkok (I'm not sure if this is good or bad)

And we are given a year to respond to the Auckland consulate before they cancel our application. This is plenty of time!!!! I'm seeing the lawyer Thursday and already have the funds together.

They didn't get rid of me yet.

They have off-campus housing apartment units that are mostly paid for by the program in Oklahoma, and his ticket will be paid for. You can go with him lol no worries. And he will already be on a trainee salary. If he chooses tower then he goes to the Academy maybe six weeks...no big deal even if you don't accompany him. I was hoping my husband could accompany me with my daughter but that doesn't look like that is going to happen being I graduate the program in two months.

I'm sure he will be fine but nothing he can't handle with the help of you reminding him to eat and shower once in awhile. It will all pay of in five years when he is making 6 digits.

O the offers to middle east employment are usually military related and you are still working for the U.S. government. I'm not sure if that means you can relacate your family with you on a visa. Even then you can't apply for those positions until you become a CPC and have been actively working traffic for 3 years (sometimes the facilities you are trained at won't let you transfer for three years) BUT IF I COULD BE TRAINED OVERSEAS THAT WOULD BE AWESOME BECAUSE THAT MEANS I CAN BE WITH MY HUBBY THIS YEAR. definately doing research now.

Best of luck and make sure he gets through to the Academy and Training. It will put you in a great financially stable position. It's one of the best kept secrets of the career world.

You deserve recognition. My husband is doing the same course ATCTI course. You are making the right moves because ultimately you can take it anywhere in the world.

Never forget after the darkness comes the dawn...

OMG That is so cool!!! So you know first hand that we are a crazy bunch.

I'm still trying to figure out who is going to take care of my daughter when I go to Oklahoma... FAA Academy. I think I would have to get my husband a visa to New Zealand then drop my daughter of to him there then come back for Academy, and I hope I have a week break before they put me into a facility to pick her up. And even then we have mandatory midnight shifts so I still don't know who's watching my daughter.

The thing that sucks is that I can't emmigrate to another country based on ATC because you have to be a permanent resident in the country before you can apply. He has to take a degree also correct or does he already have the degree and is fast tracking the three CTI courses.

I wish the best of luck to your husband and you are lucky because the FAA is only hiring CPCs until 2016 then the oppurtunity shuts to outside applicants. We will also be the last generation of ATCs because of Next Gen Technology. A word of advice...don't let him choose a center, or a flight service station...they are condencing them and his job won't be secure. Towers will be the last facilities to become automated after TRACONs. I take the ATSAT next month I think.

I have to say that I have received more help on this website then I have received from, DHS, USCIS, DOS, Customs Border Security, NZ Consulate, Samoan Embassy, Congressman COMBINED. I mean most of the decisions that were sent to me were just decisions which never clearly stated the next step. I've been left to fend for myself by doing my own research on this website and being given advice.

I understand that I have asked lawyers a few questions to assist me in my own efforts but honestly my case needed a fulltime lawyer from the begining. What about people who do not have the resources to have a lawyer put together their packets/waivers/reaffirmations or normal everyday people who are emotional wrecks from seperation that can't decifer the laws in order to do this themselves.

There has to be a more comprehensive way to guide those with "not clearly approvable" cases as ever one in this forum should have. Isn't there any petitions to sign or immigration reform picket lines because I would like to participate. Our cases need more public awareness because I never thought that it would be this difficult going into the process. Something needs to be done.

Our case is at the New Zealand Consulate currently.....and our waiver (if we ever get there) should be going to the Manila Philipines consulate.

That holding paperwork for a year is AMAZING!!! I thought they would slam me with the 30 day thing like they did with my action to deny/reaffirmation process.

About the Air Traffic Control and the child situation. I have no clue how the hell I'm doing it. On top of the immigration paperwork....I basically don't sleep(ex I was up until 5 am this morning doing a paper after my daughter fell asleep, woke up at 730 am to go to a class, came home brought my daughter to dance, then took a 1 and half hour nap, ate dinner, and now I'm back on the computer worrying about getting my husband somewhere that I can live with him at 12:40 am after watching Crossing Over and having my nightly cry). But I have my husband motivating me to push myself through school so we can have a better life in the future because it is now my sole responsibility to figure out how to provide for my family since he left. I'm finishing two semesters early because I've been taking 18 credit semesters and I took 15 credits over the 8 week summer semester. Still hold a 3.95 and rank in the top of the ATCTI program in my school.

That was the first time someone gave me recognition for handling such a mess so thank you...I needed that, All my family asks...is why am I tired all the time...I'm just too tired to respond so they don't fully understand. LOL. At least my extreme hardship waiver was 140 pages of a piece of cake lmao...it only took me two weeks to put it together (plus a 9 page hardship letter and another 10 pages of what may not be submitted in regards to the criminal convictions that he probably wont get)

When all this is done with I just want to look back at my life of where I am now as if it were a nightmare that I woke up from...I'm sure many on this site would agree or else you wouldn't be here helping others make it through this hell after you already finished your own process.