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  • ProudUSC
    replied
    Hi David,

    Found this. Hope it helps.

    http://www.fcc.gov/foia/

    How long will it take to get the information that I request?

    Under the FOIA, the FCC must determine within 20 business days of receipt of your FOIA request by the FOIA Requester Service Center whether it is appropriate to grant or deny a FOIA request. The FCC makes every effort to act on a request within this time frame. If we determine that your request will take longer than 20 days to process, we will notify you in writing explaining the circumstances requiring the extension and establishing a date for response of not more than 10 working days beyond the initial 20-day limit.

    However, if the FCC determines that the request cannot be processed within this 10 day extension, we will provide you with an opportunity to modify your request so that it may be processed within the extended time limit, or provide an opportunity for you to arrange with the FCC for an alternative timeframe for processing the original or modified request. We will also advise you of any additional charges involved. For this reason, it is important for you to include a telephone number where we can call you to discuss any issues involving your FOIA request. Even if we call, you will receive a letter from the FCC confirming your consent to any additional time and/or costs that may be necessary to comply with your FOIA request.

    You may seek expedited processing of your FOIA request if you have a compelling need for the documents.

    Leave a comment:


  • David Jordan
    replied
    Why does it take so long for the FOIA, immigration files to be complete?

    Leave a comment:


  • Aroha
    replied
    Yes. It is likely you will need the waiver to get past her conviction. It's not just for those that have overstayed, but for any alien that is inadmissible for a visa, as detailed in the link I gave you earlier.

    Leave a comment:


  • David Jordan
    replied
    Will I need to complete waiver form for her arrest ?

    Leave a comment:


  • Tak
    replied
    David:

    This is not waiver. I-129F is petition for bringing her into the United States before marriage as Fiancee.

    She do not need waiver as waiver would have been reqired when you try to bring her in before 10-year bar had completed and apply for waiver to forgive her 10-year bar.

    You can print Form 1-29F and its instructions and study them. You will have much better idea after study.

    Leave a comment:


  • David Jordan
    replied
    LAK, thank you for your reply. is the petition that your talking about, is that the same document as the waiver?

    and only reason for her overstay, was because she was in Jail for 1 year. by the time she went to court, plead guilty they gave her time served... immigration got her, and deported her for overstay.

    Leave a comment:


  • Tak
    replied
    David:

    I recently worked on I-129F for K-1 visa. It was not as complicated as your GF; however, the approval was quicker in 5 months. You do not need attorney for this. You can do it yourself. You can work on I-129F while you waite for her file under FOIA. The only gamble is $455 petition fee. Much chances that she will be approved. Make sure that you submit well-documented petition explaining both situations – overstay and completion of 10-year bar and prison.

    Leave a comment:


  • Aroha
    replied
    To elaborate on those visas, K-1 and K-3 are both non-immigrant visas. K-1 allows her (if approved) to travel to the US for the purpose of marriage. You must marry within 3 months and then apply to adjust her status to Conditional Resident (Conditional residency is granted to all marriages less than 2 years old at the time of approval).

    Obviously with K-3, you don't need to re-marry in the US, but you do need to apply to adjust her status. K-3 is currently processing around the same time as IR/CR-1, so I would recommend skipping it and going straight for the latter should you marry in her country prior to applying. CR-1 (again, if approved) means she would arrive in the US as a legal resident and wouldn't have to jump through the same hoops. The only thing you would have to deal with USCIS for again is an application to remove the conditions 2 years later - you would have to do this with both the K-1 and K-3 options as well.

    Leave a comment:


  • ProudUSC
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by David Jordan:
    Thankd Davdah, there is a 10 year ban for overstay? I thought her 10 year ban would be for the drug charge.

    Can you tell me what the k-1 visa is? and our other options for visas ? </div></BLOCKQUOTE>

    K-1 is a fiance visa. If you get married in her country, it would be a K-3 visa.

    Leave a comment:


  • David Jordan
    replied
    Thankd Davdah, there is a 10 year ban for overstay? I thought her 10 year ban would be for the drug charge.

    Can you tell me what the k-1 visa is? and our other options for visas ?

    Leave a comment:


  • David Jordan
    replied
    yup, she has been out of the USA for over 10 years. Does that make any difference. Would it be advisable, for me to go to Panama and merry her? Her oldest son has a visa here, maybe i should bring him here with me and get his residency and put him in school here.

    Leave a comment:


  • Aroha
    replied
    Actually, the overstay isn't going to be an issue. I didn't realize previously that she'd already seen out her 10 year ban. The only thing that could be a potential issue regarding that situation is the deportation, but that's fairly easy to overcome.

    I'm not sure whether getting the conviction overturned will make a difference in this case - as I said, they ask about arrests, not just convictions. It would also be very difficult to do since more than 10 years has passed. Someone else here may be able to shed more light on that though.

    Leave a comment:


  • David Jordan
    replied
    well, i dont want to wait a year or two to find out what I am up against. However, I want to make sure that we give ourselves the best chance of success. I guess, I will see what the FBI background check comes back with. Then, that will hopefully give me some insight as to her actual charges. What if we can get her conviction overturned, would that be a route worth pursuing? then we would be up against just an overstay, which is not that big of a deal from what i understand.

    Leave a comment:


  • Aroha
    replied
    They don't really care whether you use a lawyer or not.

    Also, when it comes to immigration themselves, having an attorney does not make things go any faster. In an ordinary case, all they really do is make sure the paperwork is filled out correctly and filed in a timely manner. For that reason, I don't recommend them under normal circumstances. If you're capable of dealing with the paperwork and the postage yourself, save yourself the money. I do recommend one be used if there are extenuating circumstances, such as in your case.

    It's likely that the conviction won't come in to play for a while after you file, so if you wanted to wait until then before hiring an attorney, it would make no difference. At least at that point you will know exactly what you're dealing with and you wouldn't have had to wait a year or two to find out.

    Leave a comment:


  • David Jordan
    replied
    I was thinking maybe an attorney might have "insight" and "inside" relationships with resources that can get this information quicker. Maybe, i am wrong and maybe the immigration folks will see that we are spending thousands on an attorney to help us. Maybe I am wrong, and they dont care.

    Leave a comment:

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