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  • mikeusanc
    replied
    Thank you for the response. I think we have strong evidence there was no fraudulent intent.

    Leave a comment:


  • RationalE
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Thanks to all for the reply. Have some details from posts a couple of years ago but in short my wife had a K1 visa to another man and they did not marry but she did not return to Russia. We met several months after her visa expired. The immigration attorney we consulted at the time advised that she should remain in US and as you mentioned we should adjust status in US. </div></BLOCKQUOTE>

    K-I overstays who came to US under that classification and never married are inadmissible on the grounds that make it impossible to adjust one's status, plain and simple. No exceptions to that rule.
    She may also incure permanent bar, if it appears that she engaged in fraud/misrepresentation when accepting K-1 to come to US.

    Leave a comment:


  • mikeusanc
    replied
    Thanks to all for the reply. Have some details from posts a couple of years ago but in short my wife had a K1 visa to another man and they did not marry but she did not return to Russia. We met several months after her visa expired. The immigration attorney we consulted at the time advised that she should remain in US and as you mentioned we should adjust status in US. We did get I130 approval though that took over a year but then USCIS would not approve status adjustment. Had us file I864 which was approved and now NVC is waiting our decision on which foreign consulate to adjust from.

    So as you have stated overstays do not always require out of country adjustment but apparently the K1 category does due to the number of fraudulent marriages. No exceptions though we keep looking for one.

    By the way we are not spring chickens, I am 54, wife 46. We have been married sinc Feb 2001, son came along in Sept 2005. Great surprise, great blessing, unfortunate development with Autism, but we have hope of improving the condition with intense therapy, diet etc but it is necessary to stay the course.

    That is the dilema at this point, how we can do that in Russia; cannot see my son for an extended period of time without both parents as it takes both of us almost full time at present for his care.

    Obviously we have been pursuing this quite a while even before birth of son. Got sidetracked with pregnancy, birth and last 22 mos but trying to pick up from here.

    Appears the follow through on I864, adjust throuh US Consulate in Russia and I601 waiver remain our options.

    Would like to hear any ideas, suggestions, further advice. Any experience with the amount of time it take for this process, 6 weeks, 6 months, 6 years. Has been a slow process for us thus far.

    Thanks very much.

    Leave a comment:


  • RationalE
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Is it a requirement for all who seek the I601 waiver to do so outside of US. I am a US citizen by birth and my wife is Russian, now out of status. </div></BLOCKQUOTE>

    No, since you are a USC it's not a requirement (assuming she is just an overstay and not subject to certain other statutes of inadmissibility. She could simply have her status adjusted in US if you petitioned for her as immediate relative).



    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">We have a 22 month old son who is Autistic. We have already started the process of requesting adjustment and National Visa Center is awaiting our response on choice of country, Russia or Ukraine. We are in the midst of our sixth month of intervention treatment for our son's autism and know the treatment resource is not available in Russia.
    I cannot imagine my son being separated from his mother and it would cause severe stress that would not only reverse the treatment progress we have made thus far but certainly cause possible irreversible regression in his condition.
    Thank you for any updates that can be provided.
    MikeNC-USA </div></BLOCKQUOTE>

    If she was out of US ,or otherwise required to go through Consular processing, your son's medical condition would somewhat strengthen her claim if you were unable to take care of him.

    Disclaimer: This is not a legal advice. I am not an attorney. Consult one if you need.

    Good luck

    Leave a comment:


  • ProudUSC
    replied
    Hi Mikeusanc,

    I'm sorry about your situation. How did your wife become out of status? I really like to be sympathetic on these type of situations. But I have to ask, did you guys do everything you could to bring her into a legal status? I truly hope your son keeps getting the required care he needs to improve.

    Leave a comment:


  • mikeusanc
    replied
    Is it a requirement for all who seek the I601 waiver to do so outside of US. I am a US citizen by birth and my wife is Russian, now out of status. We have a 22 month old son who is Autistic. We have already started the process of requesting adjustment and National Visa Center is awaiting our response on choice of country, Russia or Ukraine. We are in the midst of our sixth month of intervention treatment for our son's autism and know the treatment resource is not available in Russia.
    I cannot imagine my son being separated from his mother and it would cause severe stress that would not only reverse the treatment progress we have made thus far but certainly cause possible irreversible regression in his condition.

    Thank you for any updates that can be provided.
    MikeNC-USA

    Leave a comment:


  • Got_Faith
    replied
    You're right Laura, a child should have both parents in their life...sadly in today's world, there is so much divorce...I'm not talking about "green-card" related divorce, which we happen to be seeing here at this site, but in general. The odds these days aren't good!

    I do wish you well and good luck ..

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Isn't it obvious, that the child should have both parents by his side in order to grow physically and emotionally stable, and that the absence of one of the child's parents will have a permanent affect on his future life and relationship with others? Why this factor cannot be considered as the most important one? </div></BLOCKQUOTE>

    Leave a comment:


  • RationalE
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">my point to the OP is this:
    we should not have any law or rule that says an illegal can gain an instant benefit by marrying a dodo and producing one or more children for the reasons I explained....that is why there is a waiver adjudication process....if anyone could obtain a green card merely by marriage to one of many village idiots and banging out a kid, well, no one would ever leave this country....we cannot have that, and therefore, we have the waiver process without any expectation that a waiver might be granted.
    Personally, I believe we should eliminate ALL waivers and watch the number of questionable marriages "for love" evaporate....
    and, after your consultation with this attorney, you now know why I said that you could wave goodbye to $5000....they are nothing but thinly disguised TV evangelists... </div></BLOCKQUOTE>

    As a US born Citizen you have an inherent right to vote and demand that your legislators produce Acts (pass legislations) that are in harmony and in accord with the concerns of constituents who elected them in the first place.
    If you believe that all waivers with no exceptions should be banned - then make an imput, write letters and petition your congressmen.

    As much as I sympathise with the individual plight of OP (after all she is the USC who wants to be with her husband and doesn't want to leave her newly adopted homeland), at the same time I believe that greater good is more important than the individual one and it requires certain unavoidable sacrifices.
    And I don't think there is a greater good than tranquility and harmony in society, therefore if the latter as a whole requires the ban of waivers, overall reduction of immigration caps, complete security of borders and blank deportation of undocumented population - then that is what should happen and everyone should support measures directed to that end.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    my point to the OP is this:
    we should not have any law or rule that says an illegal can gain an instant benefit by marrying a dodo and producing one or more children for the reasons I explained....that is why there is a waiver adjudication process....if anyone could obtain a green card merely by marriage to one of many village idiots and banging out a kid, well, no one would ever leave this country....we cannot have that, and therefore, we have the waiver process without any expectation that a waiver might be granted.
    Personally, I believe we should eliminate ALL waivers and watch the number of questionable marriages "for love" evaporate....
    and, after your consultation with this attorney, you now know why I said that you could wave goodbye to $5000....they are nothing but thinly disguised TV evangelists...

    Leave a comment:


  • RationalE
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Since filing the petition in 2004 I have an attorney that represents this case. But when I have delivered to her the news that I now am an American Citizen, she sounded very, and I repeat, very annoyed and pessimistic, stating that the problems are just about to begin!!!!! and that I should be aware of the fact that the "winning history" in approved cases is less than 30%. It did seem to me that she was either trying to (excuse my words) get rid of me (I mean the case) or at the time of our conversation she was just personally in a "bad mood". Anyways, I've made a decision to seek another legal advise, having a couple of consultations that actually have not brought to the point that "yes, here is the attorney that I can rely on 100%". </div></BLOCKQUOTE>

    I fail to grasp her logic ("when I have delivered to her the news that I now am an American Citizen, she sounded very, and I repeat, very annoyed and pessimistic, stating that the problems are just about to begin!!!!!"), but leave it to you to reflect on it.

    As to the rate of I-601 approvals, to my knowledge the highest rate is in Ciudad Juarez, MX (very busy, with 90%-95% of approval rates).
    And those are not for overstays, but mostly for EWI's.

    However, as it's noted in the article, each case is unique and there are different approval rates, different interpretations of "extreme hardship" from place to place.


    Good luck

    Leave a comment:


  • LauraM
    replied
    Since filing the petition in 2004 I have an attorney that represents this case. But when I have delivered to her the news that I now am an American Citizen, she sounded very, and I repeat, very annoyed and pessimistic, stating that the problems are just about to begin!!!!! and that I should be aware of the fact that the "winning history" in approved cases is less than 30%. It did seem to me that she was either trying to (excuse my words) get rid of me (I mean the case) or at the time of our conversation she was just personally in a "bad mood". Anyways, I've made a decision to seek another legal advise, having a couple of consultations that actually have not brought to the point that "yes, here is the attorney that I can rely on 100%". Business is business, we all know that, but besides the $ sign there should be a will to help and/or to fight. And this is in response to Someone12' statements about sham marriages and "cheating, scamming, lie and etc.." - money is still not everything, there is moral somewhere in this world, and I guess Someone12 never been in this kind of situation, when you put your life on hold (literally) in order to achieve certain goals, in my case is ti have my husband and my baby-girl daughter with us physically, and not on the phone or on the web-cam. Thank you RationalE again, your advises are very helpful, and your support is obvious. Thank you. Also my mind is open to anyone's and any kind of opinion. That is a "freedom of speech"

    Leave a comment:


  • RationalE
    replied
    No matter who needs what, this poster needs a competent legal advice and cost of it should be compared to the cost of separation with her husband.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    be sure to wave good-bye to $5000 or more when you contact some immigration attorney,...they won't be handling your case out of the goodness of their hearts....they just want the cash.

    Leave a comment:


  • RationalE
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Thank you, RationalE, for this letter. It is extremely helpful, yet it is extremely disappointing. I was hoping that the fact that our 2,5 years old daughter is being raised without a father is a valuable factor in consideration of a waiver approval. She is very verbal and we have seeked a psychotherapist's help, because we (my daughter and me) have already been through several emotional distresses that happened for the reason that her father is not with her and she wanted him either to go with us to certain errands or to attend classes with her. Isn't it obvious, that the child should have both parents by his side in order to grow physically and emotionally stable, and that the absence of one of the child's parents will have a permanent affect on his future life and relationship with others? Why this factor cannot be considered as the most important one? </div></BLOCKQUOTE>

    You are welcome, Laura.

    May be you should contact the attorney who wrote the article (you can follow the link from the post), clarify your questions and have your options evaluated by professional who specialises on I-601 waivers.

    There is yet another attorney I know of who may be able to assist you, you can visit his website at www.shusterman.com and schedule 'on-the-phone' consultation.

    I can not comment on the reason why one or another individual circumstance meets or does not meet the standards of "extreme hardship".
    I would note though that if you read the article carefully, it doesn't say definitely what constitutes or does not constitute an 'extreme hardship' under INA, because there is no universal, strictly worded definition of the same and therefore much depends on individual adjudicators' interpretation of what it is (and location, as written elsewhere).
    "QUOTE"..the reality is adjudicators are currently each creating their own guidelines using only the case law for reference. The problem is that the case law is inconsistent, in my humble opinion. The case law generally says that because each case is unique, the adjudicator has broad discretion to decide what constitutes extreme hardship. Statements along these lines appear in many decisions. The statements effectively discourage USCIS from creating the kind of list I just presented. "END OF QUOTE"

    IMHO, Level 1 in above copy-pasted article seems more like meeting the much higher standard of "extremely unusual" or "exceptional" hardship per BIA and Federal Courts' interpretation and you should be fine if meeting less stringent requirements, however you better consult a licensed, practicing attorney who specialises in such cases to minimize the guesswork and errors of judgement.

    Don't take the above article (which is for general information only) nor my understanding of the case law as a legal advice.
    I am not an attorney. For legal advice consult one.


    Regards,

    RationalE

    Leave a comment:


  • Guest's Avatar
    Guest replied
    the most obvious reason is: if we reward any dirtbag illegal by doling out a waiver merely because (a) he or she marries a village idiot and (b) they hammer out a kid or two, all that this does is say..."lie, cheat, steal or scam your way to the US and then marry somebody with an IQ less than 80, make a brat, and voila....you get a green card!!

    No FN way, Jose.
    We should eliminate ALL waivers, without exception and end sham marriages and bull$hit waivers for morons that do nothing more than do the horizontal mambo once or twice and produce a child, then ask for a reward....it is time to stop this lunacy...eff every illegal alien...make then go home, and stay home for the maximum penalty time....no exceptions, ever. Otherwise, we will keep reading about a-holes that have, by some miracle, a child with learning disabilities, relatives with medical problems that defy description, etc...(what an amazing coincidence)...so let's just cut off the nonsense by getting rid of ALL loopholes...close them all....of course, this would make immigration attorneys unhappy....which is GREAT NEWS!!

    Leave a comment:

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