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  • When husband goes back to his country for visa interview what should we expect?

    As I have mentioned before in past posts, my husband entered the US in 1998 illegally. We married in Dec.2001. We have already had the I-130 approved then everything went to the NVC and we are at the point of getting all of our things together for the interview and initial denial of his visa application. We are told by our attorney that we will then submit a waiver at the time of the interview and denial. What happens during the interview and then after that? I see that many people have waited for as long as 18 months before they are approved. I'm just not sure what to expect once that waiver is submitted to the consulate. Can anyone tell me some of the things that should be included in this waiver? I know that it is important that this waiver is done correctly and includes EVERYTHING you can imagine as a reason for that spouse to return to the US. I also wondered if people usually admitted they worked illegally while they were here and if there is another penalty for that... I appreciate any help you can provide as he will be planning to notify the consulate soon that he is ready for the interview. Thanks!

  • #2
    As I have mentioned before in past posts, my husband entered the US in 1998 illegally. We married in Dec.2001. We have already had the I-130 approved then everything went to the NVC and we are at the point of getting all of our things together for the interview and initial denial of his visa application. We are told by our attorney that we will then submit a waiver at the time of the interview and denial. What happens during the interview and then after that? I see that many people have waited for as long as 18 months before they are approved. I'm just not sure what to expect once that waiver is submitted to the consulate. Can anyone tell me some of the things that should be included in this waiver? I know that it is important that this waiver is done correctly and includes EVERYTHING you can imagine as a reason for that spouse to return to the US. I also wondered if people usually admitted they worked illegally while they were here and if there is another penalty for that... I appreciate any help you can provide as he will be planning to notify the consulate soon that he is ready for the interview. Thanks!

    Comment


    • #3
      Is there a thread that has this specific info that can help. Can someone please help out and give some feedback? I'm so new to the forum I'm not sure where of if I can find this info somewhere else! Thanks to anyone who can help!

      Comment


      • #4
        Hi Raudez!! It sounds like you are going to be filing the I-601 waiver for unlawful presence.

        So far, it sounds like your lawyer is on target. Your husband will have to return home, apply for a visa, and be denied. At this point (or soon thereafter) he will be asked to submit the waiver. Once the waiver is submitted all you can really do is wait. The actual waiting time depends on the country in which it is being processed, but often ranges from about 1 year to 1.5 years. Most people I have talked to (but not all!!) have either been approved or denied in approximately 1 year.

        I can give you more specific information on exactly what can help your waiver, but I would recommend checking out www.immigrate2us.net first. There is one section there that specifically deals with the I-601 waiver, and I have posted some information that I think is helpful there (including a letter from USCIS and a rough copy of our waiver!)

        I hope this helps a little!

        Comment


        • #5
          oh yeah, if your husband worked illegally I would recommend mentioning it at some point in your waiver materials. The last thing you want to do is to lie, and then have problems because of that later.

          My husband had worked while he was here, and we briefly mentioned that in our waiver (it wasn't the main focus, but that is because the hardship is the main focus!). Our waiver was approved (my husband arrives in the USA on Wednesday!)

          So, my recommendation is to be as honest as possible.

          There is one other factor to consider... how did your husband work? If he worked without any documents, or used a fake social security number, or that of a green card holder, there should be no problem with the application. However, if he pretended to be a USC there could be a great deal of problems connected with that!

          Comment


          • #6
            Thanks SO MUCH for the information. My husband basically worked using no number or his cousin's TIN just because the employer thought that somehow would help.All knew he had no work authorization. My concern is that I did not mention his working in the I-130 because I had NO idea what to do when I filed it. I didn't have an attorney and knew not the first thing! Is that a problem for us later? My husband is from Nicaragua. Do you know about processing times from there? The waiver is worrying me to death I have no idea what to use or say. My attorney says she will help but I still feel very nervous.He has no criminal record here or in Nicaragua. Does that seem to be the deciding factor in approving? Congrats on your husbands return! I know it'll be like a dream come true!!

            Comment


            • #7
              Hi. I don't think that it will hurt you, especially if I remember the I-130 form right. Just be honest in on the waiver, and if any problems arise you can claim confusion and show them that it was mentioned... but honestly I doubt there will be problems.

              I am not 100% sure what the processing times are in Nicaragua, but I am going to assume that they are close to those in Ecuador (are I-601's even processed in Nicaragua or are they sent somewhere like Mexico?). But I will guesstimate about a year.

              However, if your spouse is from Nicaragua, before proceeding any further, make sure you look at NACARA and see if it can help you in any way. NACARA affords certain priviledges to people from Nicaragua.

              DEFINITELY LOOK INTO THE NACARA BEFORE YOUR SPOUSE LEAVES THE USA!!!!

              The lack of a criminal record is always good, especially since a criminal record is a ground of excludability on its own... but if you are filing the I-601 the main concern is the hardship experienced by the USC spouse.

              As for the waiver, I am afraid that there is nothing that will really make the worrying any less, it is way too important to your life. However, you can make it work for you by making the best possible waiver, and being really involved.

              The first step for the I-601 is to think of all the hardships that you will experience if you have to move to Nicaragua and/or if your husband is not allowed to return to the USA.

              Again for specfic areas see postings on immigrate2us.net.

              Comment


              • #8
                I just want to say "thanks" for trying to help out! My husband is not elligible for NACAR. He came in 1998. He couldn't even prove he was here then for TPS purposes. I so wish NACAR would be our answer! You're so right that the stress of this will NOT go away. It is a major thing in a persons life! I just hope that I have the insight to know everything to say in that waiver... Please keep us in your prayers... I can't imagine him not being here, let alone his being unable to return.... Thank you again... Hope you and your husband have a great reunion tomorrow!!!!

                Comment


                • #9
                  Let us know what you decide to put in your waiver, and/or how the hardship letter turns out and maybe we can be of some assistance for you.

                  My prayers will definitely be with you... and don't give up hope at any point, lots of people are approved, and I am sure that you can be one of them!!

                  Comment


                  • #10
                    Dear Spouse,

                    I am new in this chat room and as per my understanding your husband just came back from Ecuador. Well I am in the same situation my husband is from Ecudor and the I130 has been approved (I am a USA citizen) but he needs to go back home for his interview. He has never been convicted and had always been a model citizen (except on his status) if his petition gets denied how long do we have to wait for the I160 to be approved? Please let me know as I am going crazy I do not want him to leave but it seems it is the only way to get his green card.

                    Congratulations that your husband is back.

                    Aleshis

                    Comment


                    • #11
                      Hello Raudez

                      My husband is from Mexico and lived in the US since he was 18yrs.old. In 1987, he came into the US with a visa but overstayed (which we have learned makes a difference). He had been deported once and had signed a voluntary departure but then came back to the US (this complicates things) we got married in May 2005 and filed in August of 2006 when our son was born. By this time our lawyer told us that at some point he would have to go back to Mexico, at the time our Son was born the company for which my husband had worked for many years went out of business and I was unemployed, at this time we made the most difficult decision ever, we moved to San Diego Ca which borders with Tijuana Mexico and he moved to Tijuana while our Son and I stayed in SD this happened in January 2007 this was so hard for us but we saw no other option he had to work we had a new born and of course I started working also. My husband had his first appointment in Ciudad Juarez Mexico on the 11th of February of 08 at this time he was requested to schedule an appointment to enter a waiver petition we did and his appointment was last week April 17th at 4:30pm his visa was approved and now we are making all the plans needed for him to move back with us this will be done this weekend we are so so so happy and excited because all the efforts paid off. I will share the HARDSHIP letter we submitted in hopes that it will help you and others in some way... The letter read as follows...
                      _____________________
                      My name
                      Address
                      Phone Number:

                      My Husband's name
                      Case Number:

                      RE: Letter of Hardship of U.S. Citizen accompanying I-601 Waiver.

                      To whom it may concern:

                      I'm writing this letter to express the extreme hardship that I, _______ and our son __________ would suffer if my husband __________ was not permitted to come live with his wife and child in the United States of America.
                      The following are the extreme hardships that we would suffer if we were to relocate to Mexico to be with my husband.

                      Medical hardship:

                      When I was pregnant with our son, _____________ I experienced serious complications which led to my being placed on bed rest since the very beginning of my pregnancy. In the month of January 2006 at 8 weeks of gestation I was diagnosed with placenta previa which is when the placenta (organ that nourishes the fetus, removes it's waste, and produces hormones to sustain the pregnancy) lies low in the uterus, partly or completely blocking the cervix (Exhibit A- Print out of definition) The main symptoms in my case were low blood pressure which otherwise I do not suffer and vaginal bleeding.. It was my experience during my first pregnancy that the vaginal bleeding could start at any time, in more than one occasion in the middle of the night and in every case had to be rushed to the hospital; After this condition was under control I was diagnosed with gestational diabetes for this type of diabetes that some women like me develop only during pregnancy, the glucose levels have to be closely supervised on a weekly basis by the OBGYN. With Gestational diabetes there is great risks for the unborn baby because if the pregnancy is not well supervised and monitored by a doctor the baby could develop too much glucose in it's blood, the baby could be to large to enter the birth canal and due to the baby's size the doctor could recommend a c-section as it was in my case (Exhibit B- Copies of my medical files). Studies show that the fact that I suffered from gestational diabetes, and having already given birth to a large baby (Exhibit C-Printed Definition) I am at greater risk of developing gestational diabetes in future pregnancies.
                      Due to the previously mentioned, I will require excellent medical supervision and prenatal care available to me in any future pregnancies if this were to happen in Mexico this needed care would not be available to me, in many cases the standard prenatal medical care is not available putting my future baby's life and my own at risk. In Mexico the maternal mortality rate is 55 per every 100,000 women (Exhibit D-Print out of Nation Master) The infant mortality rate is 21.69 babies per every 1,000 live in Mexico (Exhibit E- Print Out) I don't want those odds against me and my future child or children. I know that I can get this medical care in the United States where I am medically insured (Exhibit F-copy of my health insurance). As a United States citizen I deserve to have the quality healthcare that my country offers for my child, my future children and for myself.

                      Health care for our son:

                      My husband and I believe that our 18 month old son should have the medical care offered to him in his country of birth, where he is insured as well. _______ (our son) insurance does not cover outside of the United States.
                      He has recently been diagnosed with Undescended testicles, which means that his testis did not move into the scrotum during gestation. This condition needs to be treated because undescended testicles may not make sperm and are more likely to develop a tumor (Exhibit G-Description printout).

                      My son's condition needs to be treated as soon as possible with surgery (Exhibit H-Doctor's note). For this we do need my husband to be with us, it is excruciating enough for me to know that my son needs to under go surgery at such short age it makes it almost unbearable to think that I would live this experience with out my husband by my side and even though our son is still a toddler he definitely will need to have his father with him during this time.
                      On the other hand the emotional support is not the only reason why I need my husband with us during this experience; I also need my husband to help me with the post surgery care for _____. I only have 8 days available from work to care for him as paid time off; if I were to request additional time off it would be unpaid or I would have to request state aid, it will be close to impossible for me to care for ____, continue my responsibilities at work and at the same time have enough income to continue with our daily expenses.

                      Educational Hardship:
                      Our son's education

                      _________ and I hope for the best for our son in the present and in the future, this is why even though he is yet a toddler we are very concerned about our son's education. We are aware of the many opportunities that the U.S. offers. Education in the United States is way superior to that in Mexico. There are more choices in my country. Studies show that in Mexico the school life expectancy for males is 11.6 years (Exhibit I-Printout). The percentage of 15 year olds in secondary education is only 52% in Mexico versus 91% in the United States (Exhibit J-Printout). On Mexican wages, if we were to intend to enroll him in a private school we would not be able to afford it; chances are my son would have to attend a public school. Public schools in Mexico do not compare at all to the public schools I attended as an American citizen in my country. I believe my son deserves at least the same opportunities I enjoyed while growing up.

                      Financial Hardship:
                      Income

                      If my son and I were to relocate to Mexico to be with my husband we would suffer financial hardship in the sense that in Mexico the only type of employment my husband was able to get covers at most for his expenses, and he does his best to help me out with ________ and my expenses also, reason why I am currently employed. At present when we stay in Tijuana visiting my husband I need to awaken my 19 month old son at about 5:30 am to cross the border and take him to my mother who currently cares for him for me to be at my place of employment by 8:30 am, this really puts a stress on my young son's routine and on mine also. At present my mothers cares for my son at my home where ______ does not have to leave the house and can continue to sleep in his bed comfortably for hours after I go to work. I would not have my mother's support in caring for him if I were to relocate to Mexico and surely I would have to enroll him in a day care program for which I would probably not have enough money to pay with my husband's income .

                      My husband's (use his name) weekly wage after taxes is an average 2,000 Mexican pesos (Exhibit K- Employment Letter copies of pay stubs) with the fluctuating exchange rate that is about $184.00 U.S. Dollars. With only a High school diploma he can not expect to get a better paying job; his is what would be called "a good paying employment in Mexico" compared to that of 37.7% of the population in Mexico that lives on a $4.59 a day minimum wage (Exhibit L-Official Mexican document proving the previously stated & Nation Master Population earning under $2 a day). There is no way we could afford the things we need on this level income. We would hardly be able to afford doctor's visits for our son ______ if need be.

                      Car/ Debts

                      I need my husband to be able to LIVE and WORK in the United States so that we can pay off our debts. For the past year, since ______ has lived in Mexico, I have been made responsible of covering our expenses in the U.S. such as Car payment, Car Insurance, Medical insurances, Bills and rent. And although _____ helps me with what he's able to, being left as head of household has been overwhelming for me. I even had to request the credit department for a 2 month extension on my car payments because I was not able to come up with the money for the months of December 2007 and January 2008 I still owe $17,020.56 on my car (Exhibit M- Copy of payoff amount from Ford credit), and on a $14.00 hourly wage there is no way that I'll be able to pay for my car myself. I can not afford to cover this, and all other expenses living and working in the U.S by myself.

                      In the instance that I were to relocate to Mexico I would most likely loose my car, because my car insurance needs me to have a U.S. address for them to cover my vehicle and without a U.S. car insurance Ford credit will not allow me to keep my vehicle. My husband does own a car that he purchased for himself in Mexico and what he could afford is a 1972 Volkswagen that most of the time is in repair or parked outside his home in need of repair for lack of money. So if our sonr and I were to relocate to Mexico we would not be able to afford a dependable vehicle needed in a home where there is a child.

                      Family Ties
                      Distance from Relatives

                      My relatives live in the United States; my parents, my only live brother and his 3 family members live in the San Diego California area.

                      My husband's extended family also live in the United States, 6 of his live brothers and sisters and their families live in the Los Angeles California area, and so do his parents.
                      Both of my in-laws are elderly my father in law is 86 years olds who suffers from diabetes and my mother in law is now 80 years old. Before ______ moved to Mexico and we all lived in Covina California we had the fortune of visiting the family regularly, and my son got to spend lots of time during his first few months of life with his grandparents. When our son and I had to move to San Diego to be closer to Mexico because my husband relocated to that country, our visits to the relatives in Los Angeles lessened but have not stopped, my sister in law has been kind enough to drive my in laws to San Diego when it's been impossible for me to drive to Los Angeles, from San Diego we cross the border into Tijuana Mexico so that ______ can see his parents, and then we wait in line for approximately 2 to 2.5 hours to cross the border back into the U.S for a 2 hour trip to their home, this journey is too tiring for the elderly couple, and I am afraid soon doing this will be impossible for them.

                      It is also true that as the years pass my husband's parents' health is bound to deteriorate this is usually the case with diabetic patients and it would be so sad and unfortunate if we as a family would miss being with his parents during this stage of their lives. It would also be unfair not to cooperate with the rest of the family with the care and needs of my in-laws. Hence it is my concern that if we relocate to Mexico ______ would have little or no contact with his extended family, specially his grandparents whom as is, due to their age the probabilities of my son enjoying them for many years to come is not likely. (Exhibit N- Letters from ______'s parents).

                      Religion Hardship

                      We are Jehovah's Witnesses.
                      Both my husband and I are baptized active Jehovah's witnesses. We are raising our son as a Jehovah's Witness, it is sad but true that Mexico does not respect freedom of religion as the United States does, I don't want my son to go through the grief and persecution other Jehovah's witness' children have to endure in schools in Mexico and in their daily life, my husband suffered such persecution during his childhood having to go from elementary school to elementary school in 4 different occasion due to he's beliefs. I don't believe that it is fair for an American Citizen such as my son to be put at risk of having to go through this harassment, being that in his country this will never be an issue. (Exhibit O - printout of local news)

                      Cannot stay in the U.S. without _________ (use your husbands name)

                      Following please find the reasons why I would be unable to support my son and me in the United States of America if my husband was unable to be here with us.

                      Before all, I need to say that I have tried it for the past year and it has been SO DIFFICULT nearly impossible! As I mentioned before although I am currently employed our living expenses surpass my income, I only have a high school diploma which limits my earnings, my hourly wage is $14.00 which brings me to an approximately monthly income after taxes of $2,032.00 out of which I have a $322.00 monthly car payment, a $500.00 rent, $120.00 monthly car insurance payment, $75.00 monthly health Insurance for both my son and myself ($65.00 for mine, $10.00 for ______'s and beginning April 1st my insurance payment will increase $5..00), $80+ monthly phone bill because I have a plan that includes international calls 24/7/365 to be able to communicate with my husband, all this does not include, gasoline at present at a $3.07 a gallon, clothing, diapers which cost $27+ a box and we go through about 3 to 4 boxes (between day & night diapers) a month, food, and other necessities (please see attached proof).
                      My mother already cares for my son while I go to work. This helps me by not having a set price for daycare but this does not mean I do not have to give my mother some kind of remuneration in cash for her services this is only fair.

                      Also if I were to stay in the U.S. without my husband I would continue suffering my his absence and my son would most probably grow up with hardly knowing his father, I know what having a father away from home means and what it does to a family because my father being in the military (U.S. Navy) for 28 years had to be away from us for months at a time, serving OUR country in hopes that his children and grandchildren would be able to enjoy their lives in the United States. There is no way that we could live without being together as what we promised each other an our son to be a FAMILY

                      Hardship from being separated

                      It has been awful being separated from my husband this past year, even though we (my son and I) visit him regularly, it is extremely heartbreaking for my son and me to part from him. Although I am not an expert, I do know my child and I do notice a change in his behavior when he has to part from Daddy he becomes unstable for a couple of days and then gets back to normal, by the time this happens we need to go back to see daddy and the hardships starts all over again. A son needs to be with his father. It would be very hard for my son to continue without he's daddy's presence on a daily basis. He needs to have his father, to have as a role model, for my son to grow up and develop into a healthy and productive citizen; he must have his father with him in the home.

                      Summary

                      It would be dangerous for my family medically to live in Mexico. I need my family to have the best of healthcare. I also hope for the best education for my son and there is no way that we can provide it for him in Mexico. These things are very important to me; they are things that a parent hopes for their children and family and just considering the fact that this might not happen depresses me. The religious issue is of outmost importance for us, it would be excruciating for me to think that my son might be suffering unnecessary persecution due to his beliefs. The fact that we would be apart from extended family does not seem fair for my son's sake, and it's overwhelming for my husband and I to imaging being apart from his and my parents and his and my siblings.

                      It would also be impossible to stay in the United States without my husband. Financially I would not be able to support myself and my son. I can't even imagine how I could live as a single parent without really being one, _____ is the man who I chose to be the father of my children hence my companion, and I am the woman he chose to share his life with.

                      Marriage and being a parent is hard enough as it is, adding the stress and anxiety of being apart sets for a probable sad outcome. I feel like a great part of my joy and happiness would be in a different COUNTRY, I don't know how I'd raise my child by myself, my son needs to have his father with him.

                      _____ And I have so many plans for the future. We would love to buy a house someday, to make a good home for our family. Dreams like this are not easy to come true in Mexico, and due to the growing violence (Exhibit P – local news printout )in that country particularly Tijuana city where my husband now lives I am more than hesitant to raise my son there. We would never be able to have the home we dream of there would never be a nice house and good reliable vehicles. My husband only wants to work hard and provide for his family. I want for us to be able to plan on his retirement one day. There would never be any retirement in Mexico.

                      We could not give our children all the opportunities that we want them to have; opportunities that are only available in the United States of America. I want for my family to live in my home country; the country of which I am a citizen and the country that I love and the country that my father served for so many years as a U.S. Navy militant. I'm pleading with you to please approve this waiver so that these dreams can come true. Please give my family the opportunity to be happy, grow, and prosper in the United States of America.

                      Sincerely,

                      B
                      I wish you all the best !

                      Comment


                      • #12
                        Hi Bely,

                        Just wanted to say congratulations! I'm glad you all were able to get through the waiver process successfully! Good luck to you and your family in the future.

                        Comment


                        • #13
                          Congratualtions Bely


                          consider yourself fortunate. It doesnt happen often that one gets approved after entering a 2nd time uninspected.

                          Be thankful.

                          Best wishes for the future

                          Comment

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