meauxna

Good lord, that was almost 4 years ago? No wonder you're eager to finish your visa application.. what took so long?

Eeteet

Congraulations Brucky mate !!

And I would like to thank all you great people with such positive posts about being separated from their loves!! I've been really struggling since Xmas but it really does give me inspiration to see other people in exactly the same boat , being so upbeat!!!

I used to think people just didn't love their spouse as much as I love mine ( crazy I know lol) because people seem to handle it so much better than me!! But I know that's just ridiculous.

Anyways thanks for helping me put a positive spin on this long , tough journey

hockeysarah

It really the only way to be otherwise you will drive yourself insane! We just try and remember all the things we have!
Plus this is just a blip in our long life together!

banshee

waiting for the approval is hard...but...soon over...you know its 5 months as standard...the next part is up to you how long (or short) it takes...

we were also in CSC, but we are filing for IR1. i think this is why we went a bit quicker than the usual 5 months through USCIS.
speed makes no difference to us, because of police cert/holidays and of course...money...
london dont make it any easier...the one place i really hate in the uk and i have to go there twice...for medical and interview...different days...weeks apart...more cost, it is guaranteed (with my luck) the 'expected arrival time at the embassy' will be at 8am! (i work late shifts - so two days off or wait for holiday week in april) not like the K1 where i was from one side of england to the other...in 2 days!

my hubby has a lot on and trying to cope with it all on his own breaks my heart...sooner this is over with the better!!
its been too long already!

meauxna - your post came in while i was sending this, so,
we did K1 in 2007, i flew over in jan 2008, we married in march 2008, my dad was taken ill in june 2009 and we still hadnt filed for adjustment of status, putting family first i came home, my dad died in july 2009, after posting in various places asking for advise and being told we faced a 10 year ban, neither of us could afford a lawyer, the return here financially killed my husband (let alone the initial process)
my things followed when we realised what a mess we made by me leaving and coming back here...ive since had to find (way to expensive) place to live, moved 4 times because of rip off landlords, found work, (been working there 18 month now, hate the 'village culture' of the place) but must stick it all out because neither of us have any idea how long all this will take...
both of us are breaking our backs trying to stay afloat...and both of us being apart is killing each other...
the children (hubbys) are growing up fast and i am missing so much of their lives...this time was supposed to be spent 'being a family' and learning about each other...before they leave home!!!

word of advise to anyone doing this...WHEN YOU START THIS PROCESS...MAKE SURE YOU HAVE ENOUGH MONEY SET ASIDE TO FINISH IT - AND DONT STALL!!

meauxna

I'm so sorry to read the bad news about your dad, my condolences to you for your loss.

One good thing that could come out of this would be for you to give the advice you do in your last line! And to find out in detail what the CO says about your 'overstay' and the 'ban' you were guaranteed to get. People rarely post the real details of it, but obviously it would be good information to have out here for others.
Hope you get to find out soon.

banshee

we can but hope that we get a sympathetic CO.

the worst thing for me is that i will have to go to the embassy on my own, which i would have liked my hubby with me...i know if they say its a ban...i will break down.
ive tried to explain this to my hubby, but he just thinks 'positive' we are married...our circumstances of me returning to the uk etc
ive asked if we can at least prepare the 601 (i think it is - without distracting myself to go check) so that i can at least hand it in after the interview...this, for me is just dragging...there is nothing here for me and no point to me being here any longer.

the 10 year ban was advised by some in a forum, not USCIS, NVC or the embassy, maybe it will happen, maybe it wont, but, prior to filing the I-130, i contacted the US embassy in london by email, giving them all the details, and they returned contact telling us to file the I-130, nothing about a potential ban, even though i asked them.
i really dont understand the reasoning of a 10 year ban...or even a 3 year ban...how they can say this, when after all my research on the three main websites, (USCIS, NVC and the US embassy in london) it doesnt say anything about a time scale to apply for adjustment of status...no where! well, not up to sept 2010 as far as i saw...and i must have read every single page! no doubt someone here will come up with something somewhere...(maybe thats a link worth pinning)

we never got a welcome pack at any time that i was in the USA, which after reading it online (yes, i know its online, NOW - but i never found out it was there until a few months ago...would have been nice to have been given the link or something, in a note when i got my passport back!) but even so...it doesnt say anything about when to file for AOS we also read about so many people being in the usa 3 - 5 - 15 years and still not filing for AOS - yes, i know, difference being...they didnt leave!
we never had no contact from anyone after i received my passport and visa from my K1 interview...even the homeland security never said anything about AOS at the POE (newark)

they give you a ban...but dont give you the information to avoid it...
they must realise by the amount of mistakes a lot of people make with this process that giving out the correct information on what to do and when to do it, would make their job a lot easier and this process a lot less stressful...
people come to places like this forum because they make their own websites difficult to understand and follow.
then because posters dont give ALL the information about their 'story' they get wrong/misleading information, or the responder assumes their story is the same/similar as the original posters story.

btw...i am not bitching these kind of forums, that isnt my intention...just half information (on both parts) leads to mistakes.
i have been given some good advise on these kind of forums...i have also read a lot of DUMB advise and negativity in a lot of places...which...it is hard enough being apart from the one you love...just because of red tape.

anyways...i ranted...my bad!
whatever the outcome of my interview, i will pass on my information - good or bad.
i know it will be what ever 'the powers that be' want it to be...who am i to question them.

sorry if this sounds a bit negative...my bad!

meauxna

Well, there's a lot here, in this post. I wish I knew the legal answer to tell you for sure what to expect. The only thing I can say is that I don't believe there is any discretion for a CO to by sympathetic or not.
Prepare for the worst, so that you don't break down.

Sadly, this is poor thinking. I'm all for 'be positive' but I don't think either of those two reasons are going to make a difference. You are either eligible or you are not.

That's the one, I-601. My suggestion for you would be to go to www.immigrate2us.net and look for the attorney referrals there. There are several who hang out there now who have made the waiver a subspecialty. They will give consultations (if not free, reasonable). Being prepared with a waiver before the interview if you know you need it, is clearly an advantage.

That is very unfortunate, about the forums. I guess all I can say about that is that I wish you'd posted something here a long time ago. I have a feeling you would have had an accurately cited answer. The Embassy personnel can't tell you anything; the decision is made after a visa interview.

This is difficult, I don't want to pigpile on you, but your case makes a good example for others that you need to research what you're doing, if a DIY case. I'm not saying you did not, but I have participated on the 3 biggest marriage-based visa groups for a number of years now, and AOS after the K-1 is always included in the FAQs, guides, wikis, forum posts etc.
You both knew that you would need a green card and, again, not meaning to pile it on, but the 2nd result for K-1 visa on google is the State Dept and their K-1 info links to USCIS, which says on its K-1 visa page

After the Fiancé(e) Visa is Issued
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Green Card” link to the right.

You can rant, you can even be negative.. a lot of time has gone by in your case. BUT, my suggestion to you now is to pull up your big girl pants and *stop making the same mistake again*!
You are willing to throw yourself into the Embassy without knowing your stuff.. I strongly disagree with that and you should too.. you've already seen what can happen. They aren't there to advise you and help you at the Embassy. They don't care about the separation, emotional toll, "unfairness", what 'they' should have done in your opinion etc.. they're going to execute the law.
Since you do not know what the law is, you need an advocate. You've already been let down by the online community.... Why would you do this again?! For a couple of hundred dollars, you can buy the information you need, that is tailored to your specific circumstances.

I really really hope that you will consider having a legal consultation, whether your husband agrees or not. YOU are the one who has to go in there and face the music & deal with the fallout. YOU deserve to know before you go.
All the best to you..

discoviking

I agree with this, and I don't have much to add to the rest of meauxana's post, other than to let you know that Houston based immigration attorney Laurel Scott holds a free weekly chat where people can ask basic questions. You could post a question in the chat and get an opinion from a professional on whether you are likely to be facing a ban or not. Laurel Scott is one of the leading US specialists on inadmissibility and waivers.

You can find information on how to post your question in the chat here:
http://immigrate2us.net/forum/forumd...cott-Chat-Logs

or on Laurel Scotts website:
http://www.scottimmigration.net

Good luck to you.

Brucky

Yesterday we received the NAO2's for the I-130 and I-129f too.

Very excited as it says 'approval' and more importantly in writing too.

We can now prepare for the next stage with the NVC with the wiki here, and googling a lot too.

Oh and posting questions here when we can't find the information.

hockeysarah

Very cool! good luck with the next stage!

I caved and booked a flight to see my husband in April, got holiday to use from work and the thought of 5/6 months apart again is too awful!

I only have a letter from work stating i have to come back and my return ticket, hopefully thats enough if they ask!

Brucky

Thank you.

I took the same and told when asked I had $4,000 in cash with me and a credit card. The work letter and return ticket was not needed!

HJP

Well...since my last update my situation got a little more complicated but in a very good way (peverse I know!)..

It turns out my employer does want me to transfer out to their ny office (if you look back at other posts of mine on this board this was the original idea but then seemingly feel through).

They want me out there to start work on the 1st march and have my embassy appointment to get my L1 visa next thursday! So I should have the visa in my passport by mid february....

once I'm in the country then my wife and I will apply for my AOS. So the downside its I've spent a fair amount of my own money on the I-130 process but the upside is I'm going to be in ny with my wonderful wife very very soon. Frankly it is worth the sunk cost on legal fees!

wishing you all the very best with your applications- it seems you are all getting pretty close now. I may have 'beaten' you all in getting to the country with a visa, but you will all have less hassle than me once in the country. So lets say we are evens

meauxna

hahahah! NOW it gets interesting... what will happen at the NVC?
Don't panic if you get notice that one of your cases is closed.

Congratulations!

meauxna

Well who's a lucky dog!? Great news about the transfer.

In terms of the money spent on your "I-130 process".. you can re-use your I-130 for your AOS. Don't close or throw anything away.

Brucky

Thanks!

Yea, I understand the I-129f will be closed.

More researching about the next stage will be my one day off tomorrow!