Announcement

Collapse
No announcement yet.

Please help

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Please help

    I am a USC married to a UKC for almost 4 tears. Married in London lived their for about 1 year before we decided to live in the US because of my family obligations. I came back in Aug. 2002 and my husband followed in Dec. on a non-immigrant visa. Before his visa expired we went to the Memphis service center to find out what we need to do for my husband to stay. We were told as long as we filed for perm. res. that their was no problem. Were given all the forms plus the fee sheets (which were incorrect) and told file all the forms at the same time. After saving the money, collecting all the documentation, and countless phone calls to the cust. serv. number to answer questions about the forms we filed the papers six months later. The papers were returned 3 months later because of incorrect fees. I had to wait for my 2004 tax return before I could file again. Just before filing again my husbands mother became ill and we had to go to London. She died 2 days later. I came back and went to my senators office to see what I need to do get my husband back. Was told that filing an I130 would take at least a year and my only other alternative was to go back to London to the Embassy to file an I129f. He told me not to make an appointment just to show up that by being a USC they would have to let me in to speak to an immig. officer. Guess what? not true. I called the number I was given for the embassy and told for the very first time that my husband had been in the states illegally and there was nothing that I could do in London. I came back to the states not knowing who to trust to give me the right info. I finally filed an I130 that was forwarded to CA. and received a Notice of Action 3 weeks later. Told to expext reply in 30-60 day. Since been told I130,s being processed faster that K3,s. If file a K3 it will become null and void if the I130 processes first. I know that with a K3 my husband would be interviewed at the embassy and if approved would be able to come home. If I go with just the I130 I dont have a clue what happens next. Not knowing is worse than the wait. Can anyone enlighten me. sorry for the saga

  • #2
    I am a USC married to a UKC for almost 4 tears. Married in London lived their for about 1 year before we decided to live in the US because of my family obligations. I came back in Aug. 2002 and my husband followed in Dec. on a non-immigrant visa. Before his visa expired we went to the Memphis service center to find out what we need to do for my husband to stay. We were told as long as we filed for perm. res. that their was no problem. Were given all the forms plus the fee sheets (which were incorrect) and told file all the forms at the same time. After saving the money, collecting all the documentation, and countless phone calls to the cust. serv. number to answer questions about the forms we filed the papers six months later. The papers were returned 3 months later because of incorrect fees. I had to wait for my 2004 tax return before I could file again. Just before filing again my husbands mother became ill and we had to go to London. She died 2 days later. I came back and went to my senators office to see what I need to do get my husband back. Was told that filing an I130 would take at least a year and my only other alternative was to go back to London to the Embassy to file an I129f. He told me not to make an appointment just to show up that by being a USC they would have to let me in to speak to an immig. officer. Guess what? not true. I called the number I was given for the embassy and told for the very first time that my husband had been in the states illegally and there was nothing that I could do in London. I came back to the states not knowing who to trust to give me the right info. I finally filed an I130 that was forwarded to CA. and received a Notice of Action 3 weeks later. Told to expext reply in 30-60 day. Since been told I130,s being processed faster that K3,s. If file a K3 it will become null and void if the I130 processes first. I know that with a K3 my husband would be interviewed at the embassy and if approved would be able to come home. If I go with just the I130 I dont have a clue what happens next. Not knowing is worse than the wait. Can anyone enlighten me. sorry for the saga

    Comment


    • #3
      I-130s are processed within 6 months lately. I wouldn't bother with K-3. After it's approved it will be forwarded to the National Visa Center (NVC). You'll have some correspondence with the NVC, like submit Affidavit of Support, pay visa fee, your hubby will fill out forms DS-3032 (address and agent), DS-230 Part I (application for immigrant visa and alien registration), etc. This should take 2-4 months. After that the whole file will be forwarded to the U.S. embassy in London. Your hubby will get Packet 3 with instructions to collect a bunch of docs like valid passport, birth/marriage/police certificates, instructions for a medical check, etc. When he sends the check list from the Packet and after some administrative processing you'll get an interview date for an IR1 (immediate relative) visa.

      This is where it gets interesting. If your hubby stayed in the U.S. his illegal overstay would've been pardoned by the CIS and he would've gotten his permanent residence. I understand the circumstances but the fact that your hubby overstayed his authorized stay in the U.S. for over a year and left the country makes him inadmissible for 10 years. At the interview the visa will be denied and to overcome the 10 year ban he'll be advised to file a Waiver of Inadmissibility form I-601. Along with the form you submit a hardship letter with supporting documents that demonstrate *extreme hardship* to you as a USC (not your hubby) if his visa is denied.

      Basically what it means is that if his visa is denied and you (hypothetically speaking) will have to relocate to the UK you'll face those extreme hardships. You'd be surprised at how many people go through filing this waiver. There's a website immigrate2us . net that has a whole discussion group of people filing I-601s. I got a lot of support and help from it. Check it out.

      After the waiver is (hopefully) approved he'll get his visa and can join you in the U.S. Once he left the U.S. it complicated the whole process ten-fold but I'm sure you two will get through it.

      Hope this helps.

      Comment

      Sorry, you are not authorized to view this page

      Home Page

      Immigration Daily

      Archives

      Processing times

      Immigration forms

      Discussion board

      Resources

      Blogs

      Twitter feed

      Immigrant Nation

      Attorney2Attorney

      CLE Workshops

      Immigration books

      Advertise on ILW

      EB-5

      移民日报

      About ILW.COM

      Connect to us

      Questions/Comments

      SUBSCRIBE

      Immigration Daily



      Working...
      X