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embassy wants documents we dont have...
The embassy in Israel wont grant us the marriaga visa unless we show proof
that the INS approved the tourist visa extention and year ago. Unfortunatly my wife never recieved the reciept for it because she didnt have a steady address while visiting. What can we do? is there anyway to get then to overlook this tiny issue, I cant live 3 years without her. |
Re: embassy wants documents we dont have...
Originally posted by Dan The embassy in Israel wont grant us the marriaga visa unless we show proof that the INS approved the tourist visa extention and year ago. Unfortunatly my wife never recieved the reciept for it because she didnt have a steady address while visiting. What can we do? is there anyway to get then to overlook this tiny issue, I cant live 3 years without her. You seem to pose three questions. I will take them in order. 1. On the overstay -- did she receive an I-797 fee receipt? If not, did she pay by somebody's personal check? The file number will be on the receipt or the cancelled check -- and you can go to the on-line check to see what happened with the application. 2. You mention a "tiny issue." Pray tell, what might that be? You don't say. 3. As an American citizen married to an Israeli citizen, you need not be separated for three years -- or is there any legal reason preventing you from living in Israel? You don't mention it. |
Re: embassy wants documents we dont have...
Tiny issue was refering to this stupid reciept, we paid with a money order
and dont have any record. I could move to Israel, but it would be very hard on us, I dont speak Hebrew and it would be very hard to find work until I did. Her paycheck would not be sufficient to pay for us both. On Fri, 06 Jun 2003 00:53:18 +0000, Folinskyinla wrote: > Originally posted by Dan >> The embassy in Israel wont grant us the marriaga visa unless we >> show proof >> that the INS approved the tourist visa extention and year ago. >> Unfortunatly my wife never recieved the reciept for it because >> she didnt >> have a steady address while visiting. >> What can we do? is there anyway to get then to overlook this tiny >> issue, I >> cant live 3 years without her. > Shalom: > You seem to pose three questions. I will take them in order. > 1. On the overstay -- did she receive an I-797 fee receipt? If not, > did she pay by somebody's personal check? The file number will be > on the receipt or the cancelled check -- and you can go to the > on-line check to see what happened with the application. > 2. You mention a "tiny issue." Pray tell, what might that be? You > don't say. > 3. As an American citizen married to an Israeli citizen, you need not > be separated for three years -- or is there any legal reason > preventing you from living in Israel? You don't mention it. > -- > Certified Specialist Immigration & Nat. Law Cal. Bar Board of Legal > Specialization > Posted via http://britishexpats.com |
If you can't get the BCIS to issue another copy of the approval notice, many service centers will issue one in response to a phone call or letter (such as CSC) and others such as TSC require an I-824 with the appropriate fee (last I heard anyway).
Try your Congressional aide, they should be able to get one for you. I'm not sure how long they hold such information on the system as "live" data if the extension was submitted some time ago but I believe that the average life of an LPR's file is 70 years so I would think that even non-immigrant applications are held for a while? |
Re: embassy wants documents we dont have...
Originally posted by Dan The embassy in Israel wont grant us the marriaga visa unless we show proof that the INS approved the tourist visa extention and year ago. Unfortunatly my wife never recieved the reciept for it because she didnt have a steady address while visiting. What can we do? is there anyway to get then to overlook this tiny issue, I cant live 3 years without her. I would tend to think they want this in relation to a question as to whether or not your wife is perhaps facing a 3 or 10 year ban for overstaying her period of authorized stay. If so, this is "NOT" a tiny issue. How about a FOIA request? That might just do the trick. Good luck. M.U. |
Re: embassy wants documents we dont have...
Originally posted by Dan Tiny issue was refering to this stupid reciept, we paid with a money order and dont have any record. I could move to Israel, but it would be very hard on us, I dont speak Hebrew and it would be very hard to find work until I did. Her paycheck would not be sufficient to pay for us both. On Fri, 06 Jun 2003 00:53:18 +0000, Folinskyinla wrote: > Originally posted by Dan >> The embassy in Israel wont grant us the marriaga visa unless we >> show proof >> that the INS approved the tourist visa extention and year ago. >> Unfortunatly my wife never recieved the reciept for it because >> she didnt >> have a steady address while visiting. >> What can we do? is there anyway to get then to overlook this tiny >> issue, I >> cant live 3 years without her. > Shalom: > You seem to pose three questions. I will take them in order. > 1. On the overstay -- did she receive an I-797 fee receipt? If not, > did she pay by somebody's personal check? The file number will be > on the receipt or the cancelled check -- and you can go to the > on-line check to see what happened with the application. > 2. You mention a "tiny issue." Pray tell, what might that be? You > don't say. > 3. As an American citizen married to an Israeli citizen, you need not > be separated for three years -- or is there any legal reason > preventing you from living in Israel? You don't mention it. > -- > Certified Specialist Immigration & Nat. Law Cal. Bar Board of Legal > Specialization > Posted via http://britishexpats.com First of all -- it sounds like you don't need "approval" -- you need the date it was FILED and the date it was adjudicated. You've got to get your hands on the receipt number. This is not a "little" issue at all. You play games with the immigration authorities and the law will bite you on the ass. It is time to stop the game playing and figure out what to do. You want to be with your wife -- I understand that. But why are not you willing to do some financial sacrifice? Also, you have a whole country who has a cottage industry in teaching people to speak Hebrew -- and a lot of the population speaks English anyways. |
Re: embassy wants documents we dont have...
first of all, I realize this is not tiny, I was trying to keep in good
spirits, dispite the next 3 years of my life riding on this. My wife makes the equivalent of 6 USD an hour, you try supporting 2 people on that while one trys to learn a language that is not exactly cake for an english speaker to pick up. I am simply trying to not be an incredible burden on my wife, and if my goal was to immigrate to Israel, I wouldnt post in alt.visa.US.MARRIAGE-BASED would I? What I need to know is: Who can I contact to get this proof from? Does the INS even keep record of it? On Fri, 06 Jun 2003 03:01:05 +0000, Folinskyinla wrote: > Originally posted by Dan >> Tiny issue was refering to this stupid reciept, we paid with a >> money order >> and dont have any record. I could move to Israel, but it would be >> very >> hard on us, I dont speak Hebrew and it would be very hard to find work >> until I did. Her paycheck would not be sufficient to pay for us both. >> On Fri, 06 Jun 2003 00:53:18 +0000, Folinskyinla >> wrote: >> > Originally posted by Dan >> >> The embassy in Israel wont grant us the marriaga visa unless >> we >> >> show proof >> >> that the INS approved the tourist visa extention and year >> ago. >> >> Unfortunatly my wife never recieved the reciept for it >> because >> >> she didnt >> >> have a steady address while visiting. >> >> What can we do? is there anyway to get then to overlook this >> tiny >> >> issue, I >> >> cant live 3 years without her. >> > Shalom: >> > You seem to pose three questions. I will take them in >> order. >> > 1. On the overstay -- did she receive an I-797 fee receipt? If >> not, >> > did she pay by somebody's personal check? The file number will >> be >> > on the receipt or the cancelled check -- and you can go to >> the >> > on-line check to see what happened with the application. >> > 2. You mention a "tiny issue." Pray tell, what might that be? >> You >> > don't say. >> > 3. As an American citizen married to an Israeli citizen, you >> need not >> > be separated for three years -- or is there any legal >> reason >> > preventing you from living in Israel? You don't mention >> it. >> > -- >> > Certified Specialist Immigration & Nat. Law Cal. Bar Board of >> Legal > Specialization >> > Posted via http://britishexpats.com/"]http://britishexpat- >> s.com[/url] > Hi: > First of all -- it sounds like you don't need "approval" -- you need the > date it was FILED and the date it was adjudicated. You've got to get > your hands on the receipt number. > This is not a "little" issue at all. You play games with the > immigration authorities and the law will bite you on the ass. It is > time to stop the game playing and figure out what to do. > You want to be with your wife -- I understand that. But why are not you > willing to do some financial sacrifice? Also, you have a whole country > who has a cottage industry in teaching people to speak Hebrew -- and a > lot of the population speaks English anyways. > -- > Certified Specialist Immigration & Nat. Law Cal. Bar Board of Legal > Specialization > Posted via http://britishexpats.com |
Re: embassy wants documents we dont have...
Originally posted by Dan first of all, I realize this is not tiny, I was trying to keep in good spirits, dispite the next 3 years of my life riding on this. My wife makes the equivalent of 6 USD an hour, you try supporting 2 people on that while one trys to learn a language that is not exactly cake for an english speaker to pick up. I am simply trying to not be an incredible burden on my wife, and if my goal was to immigrate to Israel, I wouldnt post in alt.visa.US.MARRIAGE-BASED would I? What I need to know is: Who can I contact to get this proof from? Does the INS even keep record of it? ][/q1] Yes they do -- and all you need to do is to provide the application number from your receipt -- that is all I'm saying. Otherwise, you will have to submitt a "FOIA" request with her name, place of birth and date of birth and other identifying information. I believe that BICE is responsible for this "joint" function of file maintainance. They will have 10 days to respond and comply -- which they never do -- but the law is unreasonable on that score. You can then sue them, and they have 30 days to file an answer in court -- and then the judge will give then reasonable time to comply. Where is that receipt? If you can't find it, you are only talking about three years and the problem will resolve itself. |
Re: embassy wants documents we dont have...
Originally posted by Dan first of all, I realize this is not tiny, I was trying to keep in good spirits, dispite the next 3 years of my life riding on this. My wife makes the equivalent of 6 USD an hour, you try supporting 2 people on that while one trys to learn a language that is not exactly cake for an english speaker to pick up. I am simply trying to not be an incredible burden on my wife, and if my goal was to immigrate to Israel, I wouldnt post in alt.visa.US.MARRIAGE-BASED would I? What I need to know is: Who can I contact to get this proof from? Does the INS even keep record of it? On Fri, 06 Jun 2003 03:01:05 +0000, Folinskyinla wrote: > Originally posted by Dan >> Tiny issue was refering to this stupid reciept, we paid with a >> money order >> and dont have any record. I could move to Israel, but it would be >> very >> hard on us, I dont speak Hebrew and it would be very hard to find work >> until I did. Her paycheck would not be sufficient to pay for us both. >> On Fri, 06 Jun 2003 00:53:18 +0000, Folinskyinla >> wrote: >> > Originally posted by Dan >> >> The embassy in Israel wont grant us the marriaga visa unless >> we >> >> show proof >> >> that the INS approved the tourist visa extention and year >> ago. >> >> Unfortunatly my wife never recieved the reciept for it >> because >> >> she didnt >> >> have a steady address while visiting. >> >> What can we do? is there anyway to get then to overlook this >> tiny >> >> issue, I >> >> cant live 3 years without her. >> > Shalom: >> > You seem to pose three questions. I will take them in >> order. >> > 1. On the overstay -- did she receive an I-797 fee receipt? If >> not, >> > did she pay by somebody's personal check? The file number will >> be >> > on the receipt or the cancelled check -- and you can go to >> the >> > on-line check to see what happened with the application. >> > 2. You mention a "tiny issue." Pray tell, what might that be? >> You >> > don't say. >> > 3. As an American citizen married to an Israeli citizen, you >> need not >> > be separated for three years -- or is there any legal >> reason >> > preventing you from living in Israel? You don't mention >> it. >> > -- >> > Certified Specialist Immigration & Nat. Law Cal. Bar Board of >> Legal > Specialization >> > Posted via http://britishexpats.com/"]http://britishexpat- >> s.com[/url] > Hi: > First of all -- it sounds like you don't need "approval" -- you need the > date it was FILED and the date it was adjudicated. You've got to get > your hands on the receipt number. > This is not a "little" issue at all. You play games with the > immigration authorities and the law will bite you on the ass. It is > time to stop the game playing and figure out what to do. > You want to be with your wife -- I understand that. But why are not you > willing to do some financial sacrifice? Also, you have a whole country > who has a cottage industry in teaching people to speak Hebrew -- and a > lot of the population speaks English anyways. > -- > Certified Specialist Immigration & Nat. Law Cal. Bar Board of Legal > Specialization > Posted via http://britishexpats.com Don't get mad and snap at those who are trying to help you. I gave you a few suggestions (the Service Center with and without I-824 and a Congressional aide). Matt also gave you the excellent suggestion of an FOIA (freedom of information act) request for which you can find the forms on the BCIS website. No-one here has a magic wand to solve your problems - if we did we'd be busy solving our own (and for the attorneys those of their clients). Don't get angry, get making those phone calls and filing those requests. Be constructive and solve your dilemma. |
Btw how long was your wife in the US past her original I-94 date?
More than six months I take it? |
Re: embassy wants documents we dont have...
Originally posted by Matthew Udall If they are asking for proof that the INS "approved" the application to extend her period of stay, then why are you looking for the receipt for the filing for that benefit? I would think you would want the approval notice if they want proof of approval. M.U. I am assuming that the 3-year ban was only raised by BCIS in the OP's situation because BCIS has no record of having *approved* an extension....but isn't that something BCIS would have information about in their own system, reasonably accessible based on other identifying data about the tourist in question? Why *would* BCIS need a receipt for an application when it readily find out whether the visa was actually extended or not? |
Re: embassy wants documents we dont have...
Originally posted by lairdside Matt also gave you the excellent suggestion of an FOIA (freedom of information act) request for which you can find the forms on the BCIS website. Not know where file might be, I sumitted FOIR request to National Records Center in Missouri [on Space Loop Road -- which I find amusing]. They receive it 1/27/03 -- send out letter that request being forward to "Burlington Administrative Center" in Vermont that very day. Burlington gets it on 2/3/2003. Although my client is not a US citizen and is outside the US, they require copy of my client's ID and his consent. Not wanting to fight City Hall -- I get it from client overseas and send it to Burlington on February 18, 2003. May 28, 2003 -- 99 pages sent to me with various redactions which I recieve on June 5, 2003 [postmark is June 3, 2003]. |
Re: embassy wants documents we dont have...
Originally posted by Dekka's Angel I admit that despite the subsequent comments (and good suggestions!) this is where I am stuck. Filing for an extension is not the same thing as getting an extension, is it? (Honest question -- I don't know this law, but IME in life these are very different things). I am assuming that the 3-year ban was only raised by BCIS in the OP's situation because BCIS has no record of having *approved* an extension....but isn't that something BCIS would have information about in their own system, reasonably accessible based on other identifying data about the tourist in question? Why *would* BCIS need a receipt for an application when it readily find out whether the visa was actually extended or not? You would *imagine* that the Consulates would have access to visa denials, revokations and approvals. Otherwise how would they check the validity of someone's statement regarding whether or not they had previously been denied etc any sort of visa? |
Re: embassy wants documents we dont have...
Originally posted by lairdside My understanding is that if a person applies for an extension to an existing authorised period of stay, that they are in status whilst the application is pending and that this status only ceases once the application is denied, not being retropective to the expiration of the previously issued I-94 but taking effect from the date of denial. "The INS Office of Field oprations has issued a memorandum addressing issues to the three and 10 year bars to admission under INA 212(a)(9)(B)(i)(I) and (II) - specifically, the decision to now designate as a "period of stay authorized by the Attorney General" the entire period during which a timely filed, nonfrivolous application for extension of stay or change of status is pending with the service, provided the alien has not engaged in any unauthorized employment. The new period of stay authorized by the Attorney General covers the 120 day tolling period described in 212(a)(9)(B)(iv) of the Act, and continues until the date the INS issues a decision." It further explains that if alien has timely filed a nonfrivolous application to extend stay, the first 120 days are not counted towards a 3 year bar. If the decision is not made during this 120 days, alien begins accruing unlawful presence on the day 121 of the expiration date on I-94. However, "due to unprecented workload the Service has been unable to adjudicate a timely filed application for E/S or C/S within the 120 day period envisioned by Congress. Therefore, in order to aleviate problems aliens may encounter concerning unlawful presence through no fault of their own.....the period of stay authorized by the Attorney General covers the E/S or C/S application for the entire period that it is pending." Well, that was like it in 2000, and as I said before, I don't know if this memo is still valid. When I applied for an E/S in Jan 1999, the processing time was 120- 240 days (on NOA). My application was aproved in Jun 2000...;) |
Re: embassy wants documents we dont have...
Originally posted by Waterpony This is (or at least was) correct - meaning the part that they are in status while application is pending. There was a memo issued in March 2000 extending the period of stay beyond 120-days tolling period. I don't know if that's still in affect, but here are excerpts from it: "The INS Office of Field oprations has issued a memorandum addressing issues to the three and 10 year bars to admission under INA 212(a)(9)(B)(i)(I) and (II) - specifically, the decision to now designate as a "period of stay authorized by the Attorney General" the entire period during which a timely filed, nonfrivolous application for extension of stay or change of status is pending with the service, provided the alien has not engaged in any unauthorized employment. The new period of stay authorized by the Attorney General covers the 120 day tolling period described in 212(a)(9)(B)(iv) of the Act, and continues until the date the INS issues a decision." It further explains that if alien has timely filed a nonfrivolous application to extend stay, the first 120 days are not counted towards a 3 year bar. If the decision is not made during this 120 days, alien begins accruing unlawful presence on the day 121 of the expiration date on I-94. However, "due to unprecented workload the Service has been unable to adjudicate a timely filed application for E/S or C/S within the 120 day period envisioned by Congress. Therefore, in order to aleviate problems aliens may encounter concerning unlawful presence through no fault of their own.....the period of stay authorized by the Attorney General covers the E/S or C/S application for the entire period that it is pending." Well, that was like it in 2000, and as I said before, I don't know if this memo is still valid. When I applied for an E/S in Jan 1999, the processing time was 120- 240 days (on NOA). My application was aproved in Jun 2000...;) Just for my own records, do you have a url for the complete memorandum? I've read it before, somewhere, but can't remember where:( |
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