Luckywife2007

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.

Just wanted to say, I'm sorry you have to be going through this. Men (not all) can be such ignorant pigs!

Oh my! I'm very mad now. How can someone take advantage of someone who loved him very much! Isn't it ironic that he was in AP? The officer saw something!
DEFINITELY report him!Send his *bum* back to wherever he came from, do everything you can to. It's not like the marriage didn't work out and you separated peacefully. He used you. Make an example of him so no other moron does the same to any woman.

Ummm, yes, as a woman who has been mistreated by a man before, I think I can say honestly it is necessary. And I did say not all men. But from EVERY woman I have ever spoken to or been friends with, there has always BEEN AT LEAST ONE male in their lives who has done something horrible.
Sorry if it offends you....but its my opinion.

hi rafetnatorop congrtns... i am in AP also just from 22 febuary ...i dont understand why do u have make an appoinment all they need for u to do its just send them your passaport and AP paper....u could have ask them why they need for an appointment..... and i am happy for u its to long for u .4 monts realy long i hope mine just approve next week... the reason of my AP is to just review my evidence that i brought them
just make a plan i dont think that they interview u dont worry ....as they said visa is ready for pick up..

I'm sure there are actually hundreds of petition approvals every day from each service center (CSC and VSC) but USCIS doesn't report to VJ. What's taking so long is you are waiting for your turn. Until it's your turn, don't expect that anything is happening at all. For the most part, petition processing doesn't take long at all. It's the waiting for your turn that takes a long time.

OP - you guys don't need a I-601 waiver and your fiance's overstay should not be an issue if she was here on J-1 visa and left the US voluntarily!!!
Her I-94 was marked D/S (Duration of Status), which means she was not told what date she exactly needs to leave the country. This is a loophole that will save you! Unless she was placed in removing procedures, she should be fine!
In the case of I-94's marked D/S one is not considered "out of status" until it is declared by an immigration judge!
Here is the law:
7. Under the revised interpretation, aliens admitted for duration of status generally will not/not be subject to 222(g), regardless of their activities in the U.S., unless either:
(A) INS finds a status violation while adjudicating a request for an immigration benefit, or/or
(B) An Immigration Judge finds a status violation in proceedings against the alien.
8. Under the revised interpretation, a 222(g) refusal of an alien previously admitted for duration of status may not be based on the Conoff’s assessment of whether the alien did or did not maintain status. For example, even if a former F or J visa holder admits in his/her visa interview that he/she stayed in the U.S. months or years after studies ended, or worked without authorization, or never enrolled in school or undertook any studies at all, or never engaged in practical training that was authorized, the alien would still not/not be subject to 222(g), absent a prior finding of status violation by the INS or an Immigration Judge under the circumstances set forth in Para. 7.
Link: http://www.americanlaw.com/051296.html
Please research more (www.immigrate2us.net) or find a really good immigraton lawyer. Someone here suggested Laurel Scott, who specializes in cases like yours.
Your chances of bringing your fiance/wife back home are really high!
GOOD LUCK!

I am starting this link as a place for people to START researching the I601 process and what is required once this is required in the Immigration Process. If you have links to research, attorney guides or discussions, HSL letter examples, or links to Embassy processing times post here.
To get the ball rolling here is an overview of what the I601 means by Shaw Peerally law Group.
I-601 Immigrant Visa Waiver Lawyers
What Is an I-601 Waiver, and When is it Required?
Some foreign nationals may be deemed inadmissible under INA 212(a), which covers bases including unlawful presence, criminal violations, and immigration fraud or misrepresentation. If a foreign national is considered inadmissible, then he or she must obtain a waiver of inadmissibility if they are seeking lawful permanent resident status. Generally, in order to successfully obtain an I-601 waiver, you must prove "extreme hardship" to a qualifying relative is moved to the applicant's country, and that the qualifying relative can't remain in the US without the applicant. These hardships are also weighed against "mitigating and aggravating factors."
Extreme hardship is vaguely defined as "greater than the normal hardship" that you would expect the relative to have if the applicant is not given a visa. "Normal hardships" such as the separation anxiety, missed income, and difficulty for the qualifying relative to move to the applicant's home country due to cultural differences, will not be enough to garner an approval on an I-601 waiver. One of the most typical factors supporting an argument of extreme hardship include the qualifying relative's medical/physical condition which wouldn't be properly managed if the applicant were away and if the relative had to move to the applicant's home country. Financial hardship is also a potential factor, but it must be framed so that it is clear that the qualifying relative's loss is relating to missing basic needs rather than merely missing out on a lifestyle improvement. Depression and compromising mental health is also a potential factor, but generally, if the qualifying relative has no history of depression to show that they are especially sensitive, this would be a weak factor. There are a number of other potential factors relevant to extreme hardship, such as any unusual country conditions in the applicant's home country making it difficult for the qualifying relative to live in the US, or certain obstacles in life which the qualifying relative can not overcome without the applicant gaining his or her immigrant visa.
Even if extreme hardships are established, if the mitigating and aggravating factors impact whether the I-601 waiver may be denied as a matter of discretion. Mitigating factors include duration of the relationship between the applicant and qualifying relative, whether small children are involved, whether the applicant has applied for the waiver voluntarily, and the degree of the applicant's culpability. Strong mitigating factors will lower the burden to establish extreme hardship. Aggravating factors include prior criminal record (regardless of basis of inadmissibility), multiple immigration violations, multiple marriages, absconding from deportation, and whether the qualifying relative immigrated to the US as an adult from the same country as the waiver applicant. Aggravating factors will increase the level of hardship that the applicant would have to establish. It is important to highlight the mitigating factors and address the aggravating factors in any I-601 waiver application.
How Long Does it Take to Process an I-601 Waiver?
Processing times vary depending on the consulate. In general, it takes 4-6 months, but in some cases it may take well over a year to process. For those applying at the USCIS Ciudad Juarez Office (also known as CDJ) under the pilot program for I-601 waivers, the waiver should be adjudicated within a day or two, however if the I-601 is not approved and referred for future and file review and adjudication, the processing time may end up being over a year.
Are there Risks to Entering the Waiver Process?
In some cases, the I-601 applicant will simply be residing in the US without being detected as inadmissible/removable, and chooses to stay. In such a case, the individual will have to weigh the problems associated with being undocumented (living in fear of potential detection, inability to get a drivers license, employment exploitation, etc) versus the risks of voluntarily entering the waiver process. Each person's motivations are different, and each person's likelihood of success in obtaining a waiver is different. Anyone considering the I-601 waiver process should make a well informed decision.
What is the Attorney's Role in I-601 Waivers?
In cases where the foreign national is living in the US undetected, the most important first step is to assess whether an I-601 waiver is worth pursuing. A qualified immigration attorney will be able to make a reasonable assessment based on the individual's unique circumstances. The attorney will work with the client to determine which arguments are strongest, and what kind of documentation the client may provide to support eligibility for a waiver of inadmissibility. If necessary, the attorney will perform background research including reports on applicant's home country conditions. The attorney will ensure the quality of documentation, in particular, the affidavit of hardship made by the qualifying relative. The attorney will also draft a brief, if necessary, to organize the arguments and evidence so as to present a clear and convincing case that the application is worthy of approval. The officer who will review the application package will have to make a decision on the waiver in short order; therefore, a well-organized, professionally fashioned waiver application can make the difference between approval and denial.

If you have no plans to live in the US in the immediate future, then you may wish to proceed with your plans to marry, travel as you can while residing outside of the US and postpone plans to get your wife US immigration documents until after you are ready to return to the US to live. After marriage, it may be easier for her to get a visitor's visa to join you on a visit to the US, as long as you are both able to provide evidence of ties to your life outside of the US as reassurance she would not be trying to bypass the appropriate immigration process. It is virtually impossible for a single Thai woman involved with but not married to a US citizen to get a visitor's visa because the immigration risk is considered too great.
If, after marriage and living/working abroad, you decide you would like to return to the US to live you can file overseas through what is known as 'Direct Consular Filing' (DCF). You have to have legal status in the country from where you are filing with the local US Consulate and be able to prove you have established or will re-establish domicile back in the US, but it is a faster process altogether, and may suit your needs better.
Once living in the US as a permanent resident, your wife would qualify to file for US citizenship after 3 years (as long as the two of you are still married and together) and then, if you wanted, you could both come and go as you please. There is no way for her to get US citizenship, however, without meeting the permanent residency and physical presence requirements of living within the US. Just having a green card is not enough - she would need to be living in the US as well.
If your intent is not to live in the US at this time, then a green card would be of no use to her because she needs to maintain physical residency in the US in order to retain her permanent residence status. She can't live overseas.

This is strange even for Thailand.
These reasons you state are ridiculous. Do you mean to say they gave you a document with these reasons for the delay on it?
# 1 Her ability in English isnt an issue.
# 2 Legaly married is as married as you can be.
# 3 This gang of 7 hookers applied for immigrant visas & that affected your wife? This makes no sense at all.
# 4 Meeting on the net is accepted. There are many visas approved after meeting on the net. That includes me. They didnt question us about it other than the initial question.
Something happened at the interview to give the officer the impression your wife worked in a questionable enviorment. They are required to investigate the situation. This isnt the first time we have heard of these investigations.
In the end I hope she will be approved but you will both have to endure the investigation time period. I assume she had a police report that didnt indicate any problems. The embassy will double check her background by contacting the central police department. They will inquire with police in her city,town or village. When that investigation is done they will report the findings to the embassy. This is why no one can tell you how long it will take. Everything takes a long time in Thailand compared to the USA.
Politicians have little impact on the workings of USCIS other than approving their budget. There are few circumstances where they can or will help. They all have a staff member trained to placate the voter.
It is true that you must wait. It isnt true that it will be years. The last case that involved this type of investigation that I know of took about 60 days. That person was employed in a bar/ restaurant. The word bar set off a firestorm. She was actually employed as a cleaning person. The visa was approved.
Immigration reform has been on hold for 60 years. It will remain so for a long time. The US governemnt has too many other problems to deal with as we can see every day.
These matters are very personal & emotional for all of us as we endure them. My advise is to forget the attack tactics & try to work on positive measures for your future. There is no reason to think she wont be approved in the end.

Not all doctors are alike. I can tell you from experience that some doctors are VERY lecherous and from others experiences some doctors do things they're not supposed to. This "all doctors are alike" malarkey is just that, malarkey. My dentist even has a female assistant, and a chair available if you want a family member present. The idea of being stuck in a little room with no supervision from someone else under the guise of "medical tests" is disturbing... especially for those that have been abused by medical professionals, or know someone who has... so it's not unreasonable to expect the choice be there for those that want/need it. You need only google "doctor abuses patient" or "dentist abuses patient" to find results. Most recently was a dentist who took advantage of patients, somewhere around 20 people. My husband now refuses to let me go to a dentist where I'll need to "go under" unless he, or someone else, can be there... and you know, I appreciate the concern.
For my medical I was not required to get naked (except for the X-ray where I was permitted to change in a private room and given a gown to wear). My breasts were not examined, my pelvic region was not examined (but I did give my doc my Pap results). My (then) fiance was very uncomfortable with the idea of me being examined without female supervision and felt much better knowing I didn't have to get naked.
Please be aware that your life may not be the same as someone else's, and that doesn't give you the right to mock someone who feel uncomfortable about something, you don't know what they've gone through and I hope you never do. Of course an emergency situation is different, especially as there is no "private little room", there's usually many people involved and lots of supervision.

So what,if they have to be nude.doctor is a doctor,they have seen thousands of naked male and females in their practices.what if in emergency,are they going to ask for a female doctor to come and save them? How funny!!

Hey! What's up Ameri-Turks?
How come so many November filer's are asking about the NOA2 when they (like everyone who has applied btw), has seen the USCIS 5 month wait period?? September filers are at 5 months and just getting processed now. Not to mention there are still July & August filers out there. I thought a general rule overall was the code of silence of not complaining until at least their FIVE MONTH WAIT came and went? Why not be supportive of those who are still waiting and really happy for those who get their NOA2? To keep us busy: the list of stuff we get to do to help along when the NOA2 does arrive. Seriously, find something to do beside watch the clock... time is not going to move any faster when you're ancy.
Your Darlings will be here sooner than later and for a lifetime.
Mari

One of the most basic questions they ask upon reentry to Canada is "How long have you been out of the country?" Another basic question is "What is your status in the US?" So the reentry would go something like this:
Q: Where do you live?
If he answers "Canada" the next question is:
Q: How long have you been gone?
If he answers "the US" the next question is:
Q: What is your status in the US?
If he answers "Permanent Resident" the next question is:
Q: Let me see it.
Do you see where I'm going with this? He is going to be "caught" by the Canadians and reported to the Americans. He will then have a 10 year bar from reentering the US. In addition, the moment a Canadian is out of the country for 183 days, Canada deems them a non-resident. He will have to reestablish residency (in Ontario it's 3 months) in order to be eligible for things like health benefits. His best bet is to try to adjust status from within the US, and not to leave until it has been approved. Don't bother applying for Advance Parole with the I-485 because he won't be allowed reentry. Any material representation will get him a permanent ban. In other words.... don't lie. You may be interested in reading up/asking questions in the following two forums:
AOS From Work, Student, and Tourist Visas
Canada Regional Forum

I would just reprint the incomplete page, sign it and return it with the pages they sent back.

It is specific to the consulate, but the petitioner has a right to find out details of the AP and must act on their rights under the Freedom of Information Act that is in place.

You'll still need to state your income for the applicable years as well as your current income. You can then add a note that, you were not required to file US Tax Returns and provide the information from this link to support your claim. http://www.irs.gov/taxtopics/tc901.html

Your lawyer was wrong.
Here's my input -
since the husband, USCitizen is self-employed, he has no W-2 income - so he doesn't have a 'job'. No Employer.
Some Embassies want to see 3 years, but is never a requirement, heck it's not even a guideline -
the VO's are trained to look for W-2 income. Your husband has none.
So - is concept of 'sustainable/sustained' income for your husband -- he needs to show a pattern of 3 years of sustained income, so you do not become a public charge.
3 years of tax returns will show this - 3 years of 'AUDITED INCOME STATEMTENTS' from a CPA will also suffice.
good luck!
you have not been denied - they are giving you a chance to submit more information - the information supplied (by your husband and attorney) was scant for the I-864. Suggest to your husband that he ask for a partial refund of fees from the attorney, at least 1/6th, to 1/4th, of the total fees that he's assessed so far.
Double Good Luck !

Nihal, you know from what you told me, you're more than ready for that paper in the mail! You're going to be alright... and you got a new fax copy scan printer! Nice!
Just think, soon you can hand deliver those papers & that packet you copied right straight to Cehun yourself. It's not that far from now... so hang in there ok?
Mar mar mar mar mariye!

That explains why you were given the runaround by the CSR at NVC. The only thing they have is the computer record. The petition has already been sent to the consulate, so they can't verify whether the information in the computer record is correct or incorrect. They have to assume the computer record is correct.
The mistake will be obvious to the consulate, if you can draw their attention to the fact. Getting their attention can be difficult, though. They'll completely ignore you if you don't have a case number. They DO have the ability to correct the computer record. The consulate uses the same DoS computer system that NVC uses. This is why you can call NVC to determine when an interview has been scheduled.
When you get the letter you should start by trying to send an email to the consulate. Use a subject line like "NVC Name Error". Include the case number, your name and birth date, and your fiancee's name and birth date. Then explain the problem and ask for it to be corrected. Allow a few weeks to get anything beyond an automated response from them. In fact, expect this to take a little longer than a normal email correspondence with the consulate because they can't simply look up your case in the computer in order to write a response to you. They actually have to find your petition to verify the error and correct it. Hopefully, you can get this fixed with an email alone.

The previous denial shouldn't affect your current petition, as the denial was simply because you didn't reply to the RFE, not because there was a major problem with you or the filing. They may ask you at the interview why you didn't follow through the first time- if so, simply tell them what you told us.

thank u luckywife and kemal&tuana and also we did take money from our saving(wife) and we share that money together ....
whatever usembassy ask any questions i could answer them ..i am not scare of anything what they will ask me...
in the relationship wife and husband should share and should help to each other...we share everything ... i can not see anything wrong with this thank u so much again

Agreed and the OP did state the marriag was entered into in good faith. Unfortunately some marriages just do not work out.

I can tell you are a really good person. I really like how honest you are about being married. A happy marriage is when both are constantly giving to each other. Both are patient with each other, both share the common goals and most importantly, they are honest with each other and don't hide things from each other.