does it help for the USC to be present? had k3 interview, applying for waiver
 

Hello, I am the USC with a question. :) My wife had overstayed a tourist visa by 9 months. This resulted in a 3 year ban, 2 of which have passed. Two days ago she went to her K3 visa interview at the US embassy in her country, Peru. She was told we would need to apply for an I-601 waiver. This was expected. My question is, will it help if I am present at the US embassy for any of the remaining petitioning process?

She left the US to go back to Peru to attend school. Had we realized the ramifications of leaving the US after her overstay I would have married her on the spot! As it is, we are now married and it has been two years since she left the US. We contacted a US senator and the senator sent a letter of support for us to the US embassy. I know we need to prove extreme hardship on the USC (me) for the waiver, but all we really have is the usual being 6000 miles from the person you love more than anything for 2 years. I feel our dues have been paid for the crime (the overstay), I just hope the consulate feels the same. Does anyone care to take a guess at our chances?

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

I won't venture a guess as to your chances. But I will recommend that you
consult an immigration attorney. From what I hear, you don't want to apply
for a waiver on your own. Who knows, the lawyer may be able to come up with
something you hadn't thought of.

As far as paying your dues, you already know how the consulate feels about
that. That's what the 3 year ban is.

One last thought. You only have one year left on the ban. By the time you
go through all the processing of the waiver, several more months may pass.
If you are denied, you'll only a few more months to wait.

Good luck.
- Eric S.



"Nate" <member9542@british_expats.com> wrote in message
news:[email protected]...
    > Hello, I am the USC with a question. :) My wife had overstayed a tourist
    > visa by 9 months. This resulted in a 3 year ban, 2 of which have passed.
    > Two days ago she went to her K3 visa interview at the US embassy in her
    > country, Peru. She was told we would need to apply for an I-601 waiver.
    > This was expected. My question is, will it help if I am present at the
    > US embassy for any of the remaining petitioning process?
    > She left the
    > US to go back to Peru to attend school. Had we realized the
    > ramifications of leaving the US after her overstay I would have married
    > her on the spot! As it is, we are now married and it has been two years
    > since she left the US. We contacted a US senator and the senator sent a
    > letter of support for us to the US embassy. I know we need to prove
    > extreme hardship on the USC (me) for the waiver, but all we really have
    > is the usual being 6000 miles from the person you love more than
    > anything for 2 years. I feel our dues have been paid for the crime (the
    > overstay), I just hope the consulate feels the same. Does anyone care to
    > take a guess at our chances?
    > --
    > Posted via http://britishexpats.com

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Peru is one of the Latin American countries where it is almost necessary for the USC spouse to attend the embassy interview.

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

ITlike giving a dead man an enima...Might not help but won't hurt either! Unless you think you are going to say something stoooopid... go.

An GOOD attorney experienced with the Peruvian embassy and waivers can certainly give you much valuable insight...spring for the bucks for a good consultation even if you don't retain them.

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Thanks for the replies!

I had talked with one immigration lawyer, referred to me by a friend, but they weren't very helpful. Wasted $200 to talk for an hour, left me with a very sour taste. They weren't as up to speed on things as I was, and that is just from reading the internet! They mentioned they had access to their colleagues and other sources, which is fine, but I want someone with first hand knowledge and experience.

I would love to find a great lawyer, familiar with the waiver process and the US embassy in Peru... but how do I know what kind of person I'm talking to? I can't be wasting $200 a pop to screen lawyers. But if someone was really good I would be more than happy to ay them to help us compile and submit the waiver.

I want to get the waiver submitted ASAP, they are waiting for us to submit it. Then its 1 to 3 months and we'll have an answer. 1 to 3 months is so much better than another year! Its been "just a few more months" for the past 2 years... it has been really hard.
Why is that utopiacowboy? When should I appear at the embassy? My wife will hand the waiver over to the embassy and they'll say, "we'll contact you in 1 to 3 months". I didn't mention it before, but we initially tried for a K1 visa and waiver. After 3 months she received a letter saying the waiver was denied. We have since gotten married and people have said that our chances are much better. We only hope they are right.

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Go here for a referral:

www.aila.org

Hope this helps.
~SecretGarden

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Thanks SecretGarden, I have sent them an email with the required information to request a referral.

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

I guess they feel if the USC spouse/fiance is present, that is sufficient proof to show that the marriage is not a sham. I know that my presence was noted in Bogota. You might want to read about another Peru experience posted on another board:
http://www.k1k3.com/phpBB/viewtopic.php?t=149

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Interesting thread! I think that those people were at the US embassy in Lima as the same time as my wife! I posted over there to see. The situation is a little different since we are applying for a wiaver, I'm not sure when I need to make a cameo.

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Hi. I am not so sure you need to make a "cameo". We didn't file in Peru, but we did file in Ecuador. I made my cameo for the interview, but the guard wouldn't even let me in the embassy (later my husband made friends with the guard, etc. and I did get in, but I really don't think it made any difference - he was denied anyway as expected)

I was also there for fingerprints... but for the actual I-601 submission, I was not there. What I did do was keep in contact with the embassy, especially as the end of the processing time got closer, but would not have been particularly helpful in a "normal" situation. (There was a screw-up on my case and being in contact helped me to fix it before being actually denied! But that is another story.)

Anyway, what does matter is your hardship letter. Saying I have no hardship except for being 6000 miles away from my spouse, probably won't cut it (although most of Latin America has pretty good approval rates!)

What you do need to present is information regarding a hardship to you, current or future. And you most certainly have those - what would your life be like in Peru (Think standard of living, medical - what if you and your wife want to have children, differences in mortality rates, family ties to the USA. etc. etc. etc.) and don't forget psychological (stress, depression, anxiety!)

Also, from my experience, as much as people will tell you that lawyers are necessary, they are at best helpful. And often only in a role of consultant. At NO time should you completely trust a waiver to a lawyer. You MUST be very involved in the process, or there is a very good chance that you will not be happy with the result (trust me, I learned this the hard way, and several other people have told me the same story).

Anyway, I would recommend checking www.immigrate2us.net. It has a strong community of people going through the I-601 process, and you might be able to find some help there (it is also the best way to contact me, as I generally check that site several times a day - and this one only every few days!)

Anyway, as a side note in case it wasn't clear. My husband (Ecuadorian) is now here in the USA, with a green card etc. So our waiver was approved. (Several other people on immigrate2us.net have also been approved!) So, please don't let anyone tell you that this is impossible!!!!

It is far from impossible, it is just a hassle and requires a lot of hard work!

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Hi. I am not so sure you need to make a "cameo". We didn't file in Peru, but we did file in Ecuador. I made my cameo for the interview, but the guard wouldn't even let me in the embassy (later my husband made friends with the guard, etc. and I did get in, but I really don't think it made any difference - he was denied anyway as expected)

I was also there for fingerprints... but for the actual I-601 submission, I was not there. What I did do was keep in contact with the embassy, especially as the end of the processing time got closer, but would not have been particularly helpful in a "normal" situation. (There was a screw-up on my case and being in contact helped me to fix it before being actually denied! But that is another story.)

Anyway, what does matter is your hardship letter. Saying I have no hardship except for being 6000 miles away from my spouse, probably won't cut it (although most of Latin America has pretty good approval rates!)

What you do need to present is information regarding a hardship to you, current or future. And you most certainly have those - what would your life be like in Peru (Think standard of living, medical - what if you and your wife want to have children, differences in mortality rates, family ties to the USA. etc. etc. etc.)

Also, from my experience, as much as people will tell you that lawyers are necessary, they are at best helpful. And often only in a role of consultant. At NO time should you completely trust a waiver to a lawyer. You MUST be very involved in the process, or there is a very good chance that you will not be happy with the result (trust me, I learned this the hard way, and several other people have told me the same story).

Anyway, I would recommend checking www.immigrate2us.net. It has a strong community of people going through the I-601 process, and you might be able to find some help there (it is also the best way to contact me, as I generally check that site several times a day - and this one only every few days!)

Anyway, as a side note in case it wasn't clear. My husband (Ecuadorian) is now here in the USA, with a green card etc. So our waiver was approved. (Several other people on immigrate2us.net have also been approved!) So, please don't let anyone tell you that this is impossible!!!!

It is far from impossible, it is just a hassle and requires a lot of hard work!

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

I see this is an old post, but wondered how you were getting along with the waiver. Our I-601 will go to Peru (from Buenos Aires) but we havent submitted yet.

P

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Hello! Sorry I haven't had a chance to update everyone... WE GOT APPROVED! My wife is currently here!! Couldn't be happier! I have been meaning to find time to post our letter here for others to benefit. I spent a great deal of time on it and would recommend not filing your 601 until you check out ours! Its really good. :) I think the strongest part of our argument was that a psycologist disgnose me with depression. I did end up flying to Peru to be there when we filed the waiver, though I really don't think it mattered. They barely payed me any mind, unless there is some check box that says "did he show up?", I don't think that Homeland Security the people who actually make the decision) ever knew that I was present. The people at the window just file your papers, Homeland is who makes the decision. I'll post more later about out story, as well as our letter, gotta run! Thank you so much, spouse, for this site and the great help! Without your help we never could be together. We filed the waiver twice and the first time, without your help, we were denied.

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Hi,

Thanks for the info, and that is awesome to hear you made it :)

Yes we would really like to see your letter, if you get the time, we are getting close to having our I-130 approved so we are preparing the waiver now.

P

Re: does it help for the USC to be present? had k3 interview, applying for waiver
 

Again, my apologies for not responding sooner. Attached to this post is a zip file containing the waiver letter in MS Word format (.doc). I've bastardized it to remove the names and other info, but left the rest intact. I put an enormous amount of work into this and thouroghly leveraged the spouse's efforts she put into her letter.

spouse, could you make my letter more easily available for people to see? I hope it can help bring other people together as it has brough my wife and I.