horror of Casablanca-K-3 story
Jun 6th 2003, 6:22 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2003
Location: Colorado/Morocco
Posts: 92
horror of Casablanca-K-3 story
After many many months of waiting and then being told NO at his interview my husband finally got his visa.
YAHOOOOO HE GOT HIS VISA!!!!
Okay, so here is the story:
Background info:
My husband had more than 180 days but less then a year of "unlawful presence" in the United States. From the get go our Lawyer told us that he would not need ANY waiver IF he could get voluntary departure and leave before his year was up. He was put into removal proceedings as soon as he entered. He did get voluntray departure and DID leave before his year. This is the law:
15. The three-year bar: under INA
212(a)(9)(B)(i)(I)("9B1"), aliens who were
unlawfully present in the U.S. for over 180
days but less than one year, and who subsequently
depart the U.S. voluntarily prior to
commencement of removal proceedings, are
inadmissible for three years.
16. The ten-year bar: under INA
212(a)(9)(B)(i)(II)("9B2"), aliens who were
unlawfully present in the U.S. for one year
or more, and who subsequently depart the U.S.,
are inadmissible for ten years.
If you fit into these catorgories you will need to file for a waiver, but my husband did NOT.
My husband was in removal proceedings and then departed after he was granted Voluntary departure through the courts and he left before the year neither of the bars affected him. So, that is the background.
After waiting 8 months from filing our K-3 till the interview date
ON June 3, my husband went to the consul for his interview. He tried explaining that he did NOT need a waiver based on the law to the man who interviewed him and the man said he would have to check it out himself and told him he could not get his visa.
My husband called me 5:30 am Denver time to tell me and I went ballistics. Called the lawyer hysterically and asked WHAT happened. Then I got to work.
I called the consul and was told I could not speak to the interviewer since he was still doing interviews but to call back at 9:30 am (3:30 morocco time) and he would be done. I waited until 8:30 am when lawyer opened and frantically called her. I never did get to talk her on the phone and they refused to do anything unless the CONSUL specifically asked for something from them. I was getting VERY distraught. I had talked to them for an hour. Then I called the consul, spoke to my husband's interviewer, and explained everything. He said if my lawyer could fax him the information he could get my husband's visa done that day or the next morning.
Then I got even more frantic calling and calling the lawyer begging them to DO something before time ran out...we only had an hour before the consul was to close. They did not do anything and still I had not gotten to talk to the lawyer. So I said I am coming to your office. It was a ½ hour away. SO I took my daughter and drove all the way to the lawyers.... this whole time my husband is waiting in Casablanca in case he could get the visa.
When I get to the lawyer's office, no one is there. THEY MOVED...they had moved to a place that was only 15 minutes from my house...since I was in scuh a state of hysteria as I was backing out of the parking lot I backed into a HUGE work truck and ruined the back of my car. The other car had no damage due to the heavy iron equipment that I hit on the front. We were fine.... well I was not, emotionally I was a mess.
So then, I rush to the lawyers. She gives me the paper explaining the law, but the consul is already closed.
So, at 2 am June 4, I am on the phone again to the consul. Daniel is not in yet. I call back at 3 am he is in a meeting. Call back at 4 am he is there we talk. I tell him I have everything and he says if I can fax it to him, he will get on it and my husband would be called in to get his visa that afternoon. I call my husband he goes back to Casablanca; I run to Kinko's and fax everything. I call them 6 am...Daniel says well we can't give your husband his visa...we have to send it to the State Department for review, since he was there illegally for so long we have to go through the proper channels, blah blah blah ALL LIES. HE KNEW ALL THIS already. I started crying begging. Nothing helped.
Went back home called husband he went back home called lawyers again...again all day they never answered.
Next day so I was depressed I could not even move...a State Department Review could take MONTHS and there was nothing I could do.
Finally called lawyer again FINALLY talked to her. She said they were looking for the State Department Cable that explained my husband's situation and why he did not need a waiver. After looking for a couple hours she found it and emailed and faxed it to them and me...but again the consul was already closed.
That night I read the 33 page memo I found another part that talked about my husband's case, my lawyer only referred to the first proof and saw that it tells 2 times that people in my husband's situation have NOTHING stopping them from getting a visa this is what part of the cable said:
whereas an alien in the
same circumstances who departs voluntarily
after/after an I-862 has been filed would
not/not be subject to the three-year bar,
even though he/she has unlawfully present for
the period set forth in 9B1
31. Voluntary Departure: The following
special rules and considerations apply to
cases involving a grant of voluntary
departure (V/D):
C. If an alien has been unlawfully present
for more than 180 days but less than one year
(i.e., a potential 9B1 case) and
voluntary departure is granted during that
period, post should note whether V/D was
granted in the context of removal
proceedings. If so, then the alien would not
be ineligible under 9B1, because in such a
case the alien's departure would
necessarily have occurred after commencement
of removal proceedings. (Rrecall that the
three-year bar of 9B1 does not apply
if departure occurs after removal proceedings
have begun.) It is the applicant's burden to
establish whether V/D was granted
and, if so, whether it has granted in the
context of pending removal proceedings. Post
should not need to query INS directly.
I was soooo excited. I cut ans pasted the memo, emailed the consul that night the ENTIRE 33 page memo and wrote a letter to nis interviewer and prepared the fax I would send to him in the morning.
So, at 2 am this morning I started calling the Consul again. I was told he was not in yet. I called at 2:30 now he was interviewing so I could not talk to him. I ran to Kinko's at 3 am faxed him 10 pages from the lawyer, my own letter, and I cut a pasted parts of the memo to show him since the entire memo was not about cases like my husbands.
Then I got home a 4 am...and tried to sleep set my alarm for 6 so I could call Daniel when he was on his lunch break. I had marked everything URGENT.
Then I finally fell asleep. It was the first time I had slept in 4 days. The day before I had surfaced slept for 4 hours but that is it.... since I woke up Monday morning before the interview till 4 am this morning I had gotten 4 hours of sleep. I was soooooooo tired.
Then my husband calls at 5:30 am...
I GOT MY VISA!!!!!
Since it is Friday and my husband was not in Casablanca and lives about 1-2 hours away, they told him to come on Monday morning but that his visa was ready. The consul also emailed me and told me the same thing. So he will pick it up Monday, insha Allah! He will come home Tuesday insha Allah! So all the work we did...well it worked. The interviewer FINALLY did his job. After my Lawyer and me did it for him. LOL. Doing all the research, he just wanted to pass the buck and not do anywork. He kept saying how RARE this kind of thing is....
well my husband had to the consul when he first arrived back in Morocco to PROVE he had left on time, before the year and guess who signed the papers ...the SAME guy who interviewed him. IF this was such a RARE thing then WHY did this guy NOT remember my husband..LOL
What I learned and the good things:
1. TRUST ALLAH he will work in his timing
2. Never give up, keep working
3. Never trust Government to do their job, you will have to help them
4. Allah protected me and my daughter since we did not get hurt at all in Car accident
5. I did not have a nervous break down though I was only inches from one
6. A person CAN live without sleeping or eating for 4 days..LOL
7. It will cost 2000 to fix my car since I have full coverage it will only cost me 100
8. MY HUSBAND IS COMING HOME!!!!
9. the list goes on......but this is too long already!
What you should remember.....why did I tell this whole story..to show that you can fight and WIN when you are right. You just have to know the laws. I now know more about immigration law then I EVER wanted to know. YUCK.....BUT it got my husband his visa. The interviewer was presented with evidence from the STATE Department themselves that proved what me and my husband kept trying to tell him all along...Alhamduilallah, it is all for his goodness..insha allah my husband will be home in 4 days!
YAHOOOOO HE GOT HIS VISA!!!!
Okay, so here is the story:
Background info:
My husband had more than 180 days but less then a year of "unlawful presence" in the United States. From the get go our Lawyer told us that he would not need ANY waiver IF he could get voluntary departure and leave before his year was up. He was put into removal proceedings as soon as he entered. He did get voluntray departure and DID leave before his year. This is the law:
15. The three-year bar: under INA
212(a)(9)(B)(i)(I)("9B1"), aliens who were
unlawfully present in the U.S. for over 180
days but less than one year, and who subsequently
depart the U.S. voluntarily prior to
commencement of removal proceedings, are
inadmissible for three years.
16. The ten-year bar: under INA
212(a)(9)(B)(i)(II)("9B2"), aliens who were
unlawfully present in the U.S. for one year
or more, and who subsequently depart the U.S.,
are inadmissible for ten years.
If you fit into these catorgories you will need to file for a waiver, but my husband did NOT.
My husband was in removal proceedings and then departed after he was granted Voluntary departure through the courts and he left before the year neither of the bars affected him. So, that is the background.
After waiting 8 months from filing our K-3 till the interview date
ON June 3, my husband went to the consul for his interview. He tried explaining that he did NOT need a waiver based on the law to the man who interviewed him and the man said he would have to check it out himself and told him he could not get his visa.
My husband called me 5:30 am Denver time to tell me and I went ballistics. Called the lawyer hysterically and asked WHAT happened. Then I got to work.
I called the consul and was told I could not speak to the interviewer since he was still doing interviews but to call back at 9:30 am (3:30 morocco time) and he would be done. I waited until 8:30 am when lawyer opened and frantically called her. I never did get to talk her on the phone and they refused to do anything unless the CONSUL specifically asked for something from them. I was getting VERY distraught. I had talked to them for an hour. Then I called the consul, spoke to my husband's interviewer, and explained everything. He said if my lawyer could fax him the information he could get my husband's visa done that day or the next morning.
Then I got even more frantic calling and calling the lawyer begging them to DO something before time ran out...we only had an hour before the consul was to close. They did not do anything and still I had not gotten to talk to the lawyer. So I said I am coming to your office. It was a ½ hour away. SO I took my daughter and drove all the way to the lawyers.... this whole time my husband is waiting in Casablanca in case he could get the visa.
When I get to the lawyer's office, no one is there. THEY MOVED...they had moved to a place that was only 15 minutes from my house...since I was in scuh a state of hysteria as I was backing out of the parking lot I backed into a HUGE work truck and ruined the back of my car. The other car had no damage due to the heavy iron equipment that I hit on the front. We were fine.... well I was not, emotionally I was a mess.
So then, I rush to the lawyers. She gives me the paper explaining the law, but the consul is already closed.
So, at 2 am June 4, I am on the phone again to the consul. Daniel is not in yet. I call back at 3 am he is in a meeting. Call back at 4 am he is there we talk. I tell him I have everything and he says if I can fax it to him, he will get on it and my husband would be called in to get his visa that afternoon. I call my husband he goes back to Casablanca; I run to Kinko's and fax everything. I call them 6 am...Daniel says well we can't give your husband his visa...we have to send it to the State Department for review, since he was there illegally for so long we have to go through the proper channels, blah blah blah ALL LIES. HE KNEW ALL THIS already. I started crying begging. Nothing helped.
Went back home called husband he went back home called lawyers again...again all day they never answered.
Next day so I was depressed I could not even move...a State Department Review could take MONTHS and there was nothing I could do.
Finally called lawyer again FINALLY talked to her. She said they were looking for the State Department Cable that explained my husband's situation and why he did not need a waiver. After looking for a couple hours she found it and emailed and faxed it to them and me...but again the consul was already closed.
That night I read the 33 page memo I found another part that talked about my husband's case, my lawyer only referred to the first proof and saw that it tells 2 times that people in my husband's situation have NOTHING stopping them from getting a visa this is what part of the cable said:
whereas an alien in the
same circumstances who departs voluntarily
after/after an I-862 has been filed would
not/not be subject to the three-year bar,
even though he/she has unlawfully present for
the period set forth in 9B1
31. Voluntary Departure: The following
special rules and considerations apply to
cases involving a grant of voluntary
departure (V/D):
C. If an alien has been unlawfully present
for more than 180 days but less than one year
(i.e., a potential 9B1 case) and
voluntary departure is granted during that
period, post should note whether V/D was
granted in the context of removal
proceedings. If so, then the alien would not
be ineligible under 9B1, because in such a
case the alien's departure would
necessarily have occurred after commencement
of removal proceedings. (Rrecall that the
three-year bar of 9B1 does not apply
if departure occurs after removal proceedings
have begun.) It is the applicant's burden to
establish whether V/D was granted
and, if so, whether it has granted in the
context of pending removal proceedings. Post
should not need to query INS directly.
I was soooo excited. I cut ans pasted the memo, emailed the consul that night the ENTIRE 33 page memo and wrote a letter to nis interviewer and prepared the fax I would send to him in the morning.
So, at 2 am this morning I started calling the Consul again. I was told he was not in yet. I called at 2:30 now he was interviewing so I could not talk to him. I ran to Kinko's at 3 am faxed him 10 pages from the lawyer, my own letter, and I cut a pasted parts of the memo to show him since the entire memo was not about cases like my husbands.
Then I got home a 4 am...and tried to sleep set my alarm for 6 so I could call Daniel when he was on his lunch break. I had marked everything URGENT.
Then I finally fell asleep. It was the first time I had slept in 4 days. The day before I had surfaced slept for 4 hours but that is it.... since I woke up Monday morning before the interview till 4 am this morning I had gotten 4 hours of sleep. I was soooooooo tired.
Then my husband calls at 5:30 am...
I GOT MY VISA!!!!!
Since it is Friday and my husband was not in Casablanca and lives about 1-2 hours away, they told him to come on Monday morning but that his visa was ready. The consul also emailed me and told me the same thing. So he will pick it up Monday, insha Allah! He will come home Tuesday insha Allah! So all the work we did...well it worked. The interviewer FINALLY did his job. After my Lawyer and me did it for him. LOL. Doing all the research, he just wanted to pass the buck and not do anywork. He kept saying how RARE this kind of thing is....
well my husband had to the consul when he first arrived back in Morocco to PROVE he had left on time, before the year and guess who signed the papers ...the SAME guy who interviewed him. IF this was such a RARE thing then WHY did this guy NOT remember my husband..LOL
What I learned and the good things:
1. TRUST ALLAH he will work in his timing
2. Never give up, keep working
3. Never trust Government to do their job, you will have to help them
4. Allah protected me and my daughter since we did not get hurt at all in Car accident
5. I did not have a nervous break down though I was only inches from one
6. A person CAN live without sleeping or eating for 4 days..LOL
7. It will cost 2000 to fix my car since I have full coverage it will only cost me 100
8. MY HUSBAND IS COMING HOME!!!!
9. the list goes on......but this is too long already!
What you should remember.....why did I tell this whole story..to show that you can fight and WIN when you are right. You just have to know the laws. I now know more about immigration law then I EVER wanted to know. YUCK.....BUT it got my husband his visa. The interviewer was presented with evidence from the STATE Department themselves that proved what me and my husband kept trying to tell him all along...Alhamduilallah, it is all for his goodness..insha allah my husband will be home in 4 days!
Jun 6th 2003, 6:44 pm
#2
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Thank you for posting your story and CONGRATULATIONS on your hard won battle!
You won because you were persistent, knew the facts and presented your argument based upon them, not an easy thing to do under the circumstances for many but it does seem to be the way to get things done when dealing with bureaucracy. You explained your case to them in terms that they understood and despite your distress kept fighting.
You are indeed a strong woman and fought for those whom you love.
God bless you.
You won because you were persistent, knew the facts and presented your argument based upon them, not an easy thing to do under the circumstances for many but it does seem to be the way to get things done when dealing with bureaucracy. You explained your case to them in terms that they understood and despite your distress kept fighting.
You are indeed a strong woman and fought for those whom you love.
God bless you.
Jun 7th 2003, 4:19 am
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Congratulations on a job well done in a tough battle! I'm so very happy for you! :-)
Jun 7th 2003, 7:01 am
#4
BE Enthusiast
Joined: May 2003
Location: Long Beach, CA
Posts: 398
My husband had more than 180 days but less then a year of "unlawful presence" in the United States. From the get go our Lawyer told us that he would not need ANY waiver IF he could get voluntary departure and leave before his year was up. He was put into removal proceedings as soon as he entered. He did get voluntray departure and DID leave before his year. This is the law
Could you please explain a little more on what I bolded? What do you mean by it?? How did he get involved you the removal proceedings so quickly??
Jun 7th 2003, 10:02 am
#5
BE Forum Addict
Joined: Feb 2003
Posts: 1,350
Congratulations on your hard-fought victory and your husband's visa!
Jun 7th 2003, 11:46 am
#6
BE Enthusiast
Joined: Jan 2003
Posts: 443
congrats candice u deserve it!
my husband was put on admin review and i will call the embassy on monday to see what to do about it.
my husband left without anything against, just on his own cuz he was scared with all that was going on. he didnt have to leave but he did cuz we thought it was the right thing to do... now we r under review. what should we do?
msg me in pvt or email me
thanks
congrats again
my husband was put on admin review and i will call the embassy on monday to see what to do about it.
my husband left without anything against, just on his own cuz he was scared with all that was going on. he didnt have to leave but he did cuz we thought it was the right thing to do... now we r under review. what should we do?
msg me in pvt or email me
thanks
congrats again
Jun 7th 2003, 12:32 pm
#7
Forum Regular
Joined: Aug 2002
Location: usa
Posts: 178
Congrats Candice...
Wow this was amazing.. Your comments make me feel so much better.. You have given my courage not to give up...
Shukar alhumdolila that your family will be reunited.... again, many many congrats to you and your family..
Wow this was amazing.. Your comments make me feel so much better.. You have given my courage not to give up...
Shukar alhumdolila that your family will be reunited.... again, many many congrats to you and your family..
Jun 7th 2003, 12:33 pm
#8
Guest
Posts: n/a
This is a great story. I am so happy for you. Well done for not giving up!
Regards
-=-
Scarlett
Regards
-=-
Scarlett
Jun 7th 2003, 2:25 pm
#9
BE Enthusiast
Joined: Jan 2003
Posts: 443
sarina why dont u apply for k3?
isaw in ur timeline and it only says 130 , that takes a logn time
isaw in ur timeline and it only says 130 , that takes a logn time
Jun 7th 2003, 2:35 pm
#10
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Originally posted by salooni110
sarina why dont u apply for k3?
isaw in ur timeline and it only says 130 , that takes a long time
sarina why dont u apply for k3?
isaw in ur timeline and it only says 130 , that takes a long time
Having said that, the actual date stated was 6/13/2001 and Sarina's timeline shows the petition was filed on 07/01/2001 so the I-130 may be approved soon if this is the case.
Perhaps Sarina is an LPR and so could not file a K-3?
Last edited by lairdside; Jun 7th 2003 at 2:38 pm.
Jun 8th 2003, 2:32 am
#11
Forum Regular
Joined: Aug 2002
Location: usa
Posts: 178
Originally posted by lairdside
The JIT for TSC from May 15 2003 is currently about 2 years behind today's date for immediate relatives of USC's
Having said that, the actual date stated was 6/13/2001 and Sarina's timeline shows the petition was filed on 07/01/2001 so the I-130 may be approved soon if this is the case.
Perhaps Sarina is an LPR and so could not file a K-3?
The JIT for TSC from May 15 2003 is currently about 2 years behind today's date for immediate relatives of USC's
Having said that, the actual date stated was 6/13/2001 and Sarina's timeline shows the petition was filed on 07/01/2001 so the I-130 may be approved soon if this is the case.
Perhaps Sarina is an LPR and so could not file a K-3?
Jun 8th 2003, 2:39 am
#12
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Originally posted by sarina
You are right.. I am a LPR.. and I am praying that next year inshallah i will get my citizenship...
You are right.. I am a LPR.. and I am praying that next year inshallah i will get my citizenship...
This is an article I found which pretty much says it all for me:
http://www.ilw.com/immigrants/weekly/#editors-comments
My heart goes out to you Sarina and all those who are in your situation.
Jun 8th 2003, 3:16 am
#13
Forum Regular
Joined: Aug 2002
Location: usa
Posts: 178
Originally posted by lairdside
It would be nice if they could change the eligibility date for the V visa - and even "nicer" if they would do something about that darned petition I signed protesting about having quotas for the spouses and minor children of LPR's at all.
This is an article I found which pretty much says it all for me:
http://www.ilw.com/immigrants/weekly/#editors-comments
My heart goes out to you Sarina and all those who are in your situation.
It would be nice if they could change the eligibility date for the V visa - and even "nicer" if they would do something about that darned petition I signed protesting about having quotas for the spouses and minor children of LPR's at all.
This is an article I found which pretty much says it all for me:
http://www.ilw.com/immigrants/weekly/#editors-comments
My heart goes out to you Sarina and all those who are in your situation.
I really hope they do the same too.. but lets see.. there is a bill in the house but u know how long those things take...
do keep us your prayers....
http://www.theorator.com/bills108/hr539.html
