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K-1 & AOS Experience - Roadblocks that happen (very long)

K-1 & AOS Experience - Roadblocks that happen (very long)

Old Sep 8th 2001, 2:12 pm
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Hi,
I would like to know how many people on here have had to deal with this type
of situation and if so, what did you do.

My husband came over on a K-1 visa from the UK in May 2000. We married in
July 2000 and filed for AOS in Sept. 2000. We had our interview at the end
of June 2001. We did not get approved because the interviewer did not have
our permanent file. He had requested it on May 2001 from Miami but it still
had not made it to Jacksonville by the time of our interview a month later.
We began the process of waiting for a letter from INS requesting either
further information or saying Kevin was approved. I contacted the INS
interviewer at the beginning of August. He said he did not know if they had
received our file & that his secretary was on vacation & to call back in a
couple of weeks. I waited nearly a month before I called them back. I
called him back on August 30th. He was busy interviewing clients and told
me to call him back at 2pm the next day. I did as instructed but only was
able to leave a message on the voice mail. He did not return my call so I
called him back on Wed. Sept 5th. I gave him my husband's A# & he said he
would try to find out what the problem was. He said everything looked in
order and couldn't understand why it had not been approved. He mentioned
the date October 27th. I told him that was the date Kevin's EAD is to
expire. The interviewer said he would do more research and try to locate
our file to see what the hold up was. He stated there were about 35 - 40
files that were just sitting on a shelf & that they probably were not going
to get processed anytime soon (it sounded like he said he was getting ready
to retire). He did not call me back the next day so I called him at 2:15
before I left work. It seems he had finally dug up a reason to deny our
AOS....It was not a problem with anything we had brought for AOS it was the
police report & record of memorandum we had submitted for the K-1. He said
the consulate did not have the authority to approve anything. Please note
that Kevin has always divulged the facts of this arrest 22 years ago when
he was 19 years old. He and a friend were arrested for breaking into a car
with intent to steal and not having insurance. They did not get the car
started & never moved it. They were inebriated at the time and it was cold
so they decided they did not want to walk home...yeah really stupid! They
pled guilty and paid a fine of about $120.00 Kevin obtained the police
report while in the UK and even went to the court and obtained those court
records that stated the facts and disposition of the case. Obviously this
was not good enough. The INS interviewer says we will have 45 days to
obtain from the court the 1979 rule of law that was violated, a copy of that
1979 law from the law book, and it must state what the maximum penalty could
have been. If it could have been over a year then his AOS will be denied
and we will have to apply for a hardship waiver. Kevin does have family in
the UK that could try to obtain this information but it will be time
consuming and expensive I am sure. He is annoyed that they did not ask for
this when he had the K-1 interview when he was still in England and he could
have done all of this research himself. The reason they didn't ask for it
because what he had turned into them was sufficient and the INS interviewer
in Jacksonville is annoyed that I keep pushing the issue and trying to cover
up the fact that INS screwed up and was not prepared for the interview by
not having our files there! Kevin's EAD expires Oct. 27. At the time of
the interview I asked the interviewer if we should reapply for EAD. He said
no that everything would be approved by that time. He even said the same
thing this past Thursday. The only reason I was being persistent was that
if we needed to reapply for EAD to go ahead and do so. He kept telling me
no don't worry about it & if we needed to do so it was not our fault for
reapplying so late it was INS fault for not having everything in order.
Yesterday he basically told us we were SOL and there was nothing he could
do...that Kevin needs to apply for his EAD and he can do nothing about the
fact that it is late being submitted. As you can imagine this is quite
stressful and my husband basically wants to go back to the UK since his
family and his elderly father is not in the best of health. I can see his
point but it really annoys me that they let individuals from certain
countries come right in with criminal records & all and they give others
such a hassle. I am not saying what he did in the past was right....a fact
that all young people should know that what they do in their youth can have
long lasting effects but he has never been in trouble since and has held and
still holds high security jobs. Yes, his employers know all of these facts
about his past. So thank you for letting me vent and I will welcome all
comments.

Brenda

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Old Sep 8th 2001, 2:48 pm
  #2  
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Brenda and Kevin

I wish I could offer you concrete advice but I don't have the ammunition to do that.

Being in the middle of an INS f**kup here in NYC ourselves, I can definitely sympathize with you. Although for us denial of AOS and/or deportation is not an issue, I know the anger, frustration, disbelief and fear you are feeling at the moment. At least you have an out if you are able to get your hands on the old law. Have his family ask someone at a university that has access of law books to do a little research for you. Perhaps you have a police officer, barrister or paralegal in some remote area of the family that can assist. Or just go into the police station directly and ask them if they can supply the a copy of the law on the penalty for a crime of this nature from back then. Call the library. They are often willing to do research of this nature.

All is not lost yet. File for the EAD immediately and as soon as he gets the appointment letter that should be sufficient for the employer to allow him to continue working.

Offering up a little prayer for a positive response from INS for you.

Rita and Jim
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Old Sep 8th 2001, 2:51 pm
  #3  
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If all you have said is true, I think it is time to stop dealing with an uncaring INS
rep, and call your congressman.

Jim and Tanya, to be married on Sept 22d. At last! ))

----- Original Message ----- From: "Froginpond" <[email protected]>
Newsgroups: alt.visa.us.marriage-based Sent: Saturday, September 08, 2001 10:15 AM
Subject: K-1 & AOS Experience - Roadblocks that happen (very long)

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Old Sep 9th 2001, 1:32 am
  #4  
Me To You
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Hello Brenda, If your hubby wants to remain in America I am willing to help. Please
give me as much info as you have on the whereabouts this/these laws can be obtained
and I will trade (believe it or not--some very rare Mott The Hoople CDs) to some
folks over there to do the legwork for you. I promise nothing but a true attempt,
please email me at [email protected] if you would like my assistance. In -- I
pray -- 11 days my journey through this minefield begins as I will be granted a
divorce from a woman who married me in November of 1999 and had me move my children
in with her (I was and now am again a single parent) as she felt the schools where
she was were better--which was true--My chilren still go there--but she kicked us out
after 8 weeks--turns out she's a looney. I finally got her in a courtroom -- she has
not said one word to me since the 8 week marriage--all of our papers have been ready
and we are doing the second set of papers as some have expired. American divorce laws
are not made for international timelines--boy have I been frustrated. Thanks to all
of you for this wealth of experience as I begin (hopefully) this journey.

Jeff
 

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