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Thread: I-212 waiver

  1. #1
    My husband's I-212 was denied on Feb 7th, 2007 due to the fact we married knowing that he was going to be removed from the States. However we had no knowledge of all this. My husband had a lawyer, but I think that she filed his docs in an untimely manner. As a result he was detained for 4 days by CIS, before this happened, he had an interview with the USCIS officer on 10/4/05, the officer gave him time to leave the country on his own by 10/31/05 but he made it clear that his flight should be direct from san francisco to fiji. We told him that it would be hard to get a direct flight from SF to FJ because there is none. All flights are from LAX to FJ. The officer told him he doesn't care but his giving him time. However, the officer also arrange another interview on 10/26/05 to check if my husband had really bought the airline ticket. So we checked with all the airlines and the cheapest ticket we got was on 10/30/05. When we went for his second interview on 10/26/05, the officer took my husband into custody with his ticket and his passport. He told me that he will bring my husband to the airport on the 30th and that I should bring his luggage, he also told me that I should withdraw my I-130 that we filed before all this happened and that I should file it with US Cosular office in Fiji and that everything should be fine. We did as we were told, our I-130 was approved by the consular office in Fiji in 2 months time. However, I had to leave my husband behind and had to file his I-212 with the district director in SF. I hired another lawyer and we filed the I-212. It took 9 months for the USCIS to send me the notice the app was denied. My husband has a very good record living here in the US. He had never missed filing his taxes in the last 10 years that he had been here. We have a chance to appeal that case to AAO. But I'm having a 2nd thought about all this. I wonder if it will be denied by the AAO as well. I wonder if it was such bad idea to become a citizen of the United States when I can not sponsor my spouse. I planning to give up my job and sell our property and that we have and move back to Fiji. Has anyone exprienced this before, please tell me more

  2. #2
    My husband's I-212 was denied on Feb 7th, 2007 due to the fact we married knowing that he was going to be removed from the States. However we had no knowledge of all this. My husband had a lawyer, but I think that she filed his docs in an untimely manner. As a result he was detained for 4 days by CIS, before this happened, he had an interview with the USCIS officer on 10/4/05, the officer gave him time to leave the country on his own by 10/31/05 but he made it clear that his flight should be direct from san francisco to fiji. We told him that it would be hard to get a direct flight from SF to FJ because there is none. All flights are from LAX to FJ. The officer told him he doesn't care but his giving him time. However, the officer also arrange another interview on 10/26/05 to check if my husband had really bought the airline ticket. So we checked with all the airlines and the cheapest ticket we got was on 10/30/05. When we went for his second interview on 10/26/05, the officer took my husband into custody with his ticket and his passport. He told me that he will bring my husband to the airport on the 30th and that I should bring his luggage, he also told me that I should withdraw my I-130 that we filed before all this happened and that I should file it with US Cosular office in Fiji and that everything should be fine. We did as we were told, our I-130 was approved by the consular office in Fiji in 2 months time. However, I had to leave my husband behind and had to file his I-212 with the district director in SF. I hired another lawyer and we filed the I-212. It took 9 months for the USCIS to send me the notice the app was denied. My husband has a very good record living here in the US. He had never missed filing his taxes in the last 10 years that he had been here. We have a chance to appeal that case to AAO. But I'm having a 2nd thought about all this. I wonder if it will be denied by the AAO as well. I wonder if it was such bad idea to become a citizen of the United States when I can not sponsor my spouse. I planning to give up my job and sell our property and that we have and move back to Fiji. Has anyone exprienced this before, please tell me more

  3. #3
    shay you are sharing the experience that most of the members on this forum are facing all i can say is welcome home.i would suggest that you should find a good immigration lawyer do not do this on you own its to complicated.you should visit wwwimmigrate2us.com and look at waviers because your going to need a good one.those i130 are approve automatic the real test starts at the interview.

  4. #4
    I have a lawyer, very experience thats what her record says. But they all want more $! Its one thing after another, same with immigration. They don't tell things up front. If one app is done than they tell you we need another with another filing fee.

  5. #5
    You can file yourself I-212 and I-601 without the need of lawyer. As it is suggested to you in earlier reply by "SoneOne", do visit immigrate2us.net and browser section I-601 waivers there are numerious sample hardship letters that have 212 and 601 approved. There are plenty of knowledge there so you can file papers your own....

    Best of luck..

  6. #6
    filing the I-212 was no problem and we didn't need a I-601 either. Its just the I-212 was denied and we have to appeal the case to AAO in 30 days. What are the chances of getting it apporved with the AAO

  7. #7
    Shay: You question your decision to become a U.S. citizen because you believe that, regardless of your U.S. citizenship, you cannot sponsor your husband. Well, truth be told, you are sponsoring your husband.

    The issue is not that you cannot sponsor him, because clearly you are doing so...the issue is that you married an illegal alien. The reason for your husband's immigration difficulties - and deportation - relate to the fact that he thought that he was too important to immigrate legally in the first instance.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Its just the I-212 was denied and we have to appeal the case to AAO in 30 days. What are the chances of getting it apporved with the AAO </div></BLOCKQUOTE>

    as the word connotes, appeal means one got an unfavorable decision and is pleading for mercy to reverse such decision; being so, such filing has the lowest adjudicative priority and a diminutive percentage of success. and curiously enough, the AAO has gotten its way with the most unimaginable filing fee increases ($110 to $385) a couple of years back without any noticeable benefits.

  9. #9
    Someone12
    Guest
    &lt;sniffle sniffle&gt;....what a shame....some illegal enters into a spurious marriage and their I 212 gets denied.....my goodness....how will I sleep tonight??

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
    &lt;sniffle sniffle&gt;....what a shame....some illegal enters into a spurious marriage and their I 212 gets denied.....my goodness....how will I sleep tonight?? </div></BLOCKQUOTE>

    I don't know but I envision a VERY FAT MAN, sleeping in a reclining chair circa 1970, with a cigarette still burning in his hand getting ready to burn his fingers, breathing REALLY HEAVY, muttering psychotically about illegals, and surrounded by many full ashtrays.

    You know, like your usual miserable redneck freak of nature.

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