lost and confused

[helpinghubbyhome 0]

Hello and please bear with me, I have no idea where this topic belongs because I feel completely overwhelmed. I apologize in advance if this topic needs to be moved to better fit the discussion.

Where do I begin? My husband and I will be married 4 years in June, and I'm desperately trying to get him allowed to come back to our home in the States. We have already gone through the immigration process, we have an approved I-130, have completed all interviews and the necessary protocol for immigration. We also submitted an Extreme Hardship waiver, as well as had his criminal record expunged legally in court but we recieved a letter from USCIS stating that our application was denied, and that we had 30 days to reappeal or to wait for court. It was at this time my husband had a death in the family and, considering I had never met his family, we made the decision to leave. Our Lawyer told us this would be fine, but that this would considerably lengthen the time it will take to (hopefully) get his AOS confirmed.

However, because my husband was forced to terminate his job, he is a mechanical engineer, and we spent a large sum of our savings flying to Kuwait to be with his family, we were unable to pay our lawyer the necessary fee she requested for submitting and getting our application rejected. She is no longer representing us, and my husband has taken work in Kuwait in order to compensate her for the long and complicated process she took on for us.

Simply, the last thing she told us until we could get a check to her, is that we must go through Consular Processing at the National Visa Center with a waiver.

I've since returned home to the States, my ticket was booked two way and I came home to be with my family for Christmas. I've been trying to get in contact with immigration advocates in the city that I live in, but I am having very little success.

Could someone please tell me exactly what I need to do? Am I supposed to somehow forward our approved I-130 to the National Visa Center, does that require a form? I vaguely remember hearing something about a petition I-8--? that I need to submit, in order to move the approved I-130 to National Visa Center so we can start Consular Processing?

Is that how to begin consular processing? And does consular processing mean that they are giving him a visa to come here with, such as an IR-1 for example? Or does this mean that all of his immigration will now be handled outside of the United States, with the possible outcome of him being denied again and unable to gain entrance?

Please, I am very confused and until we are able to pay our lawyer's fees we aren't sure what to do, and we want to do something as quickly as we can.

I thank you in advance for helping me.

[Ryan H 3,810]

How could you have an approved petition when you say that you received a letter from USCIS that stated the petition was denied.

If your petition was denied, you have to go through the appeals process with a result in your favor before you can think about dealing with the NVC (National Visa Center).

Consular Processing does not mean a visa will be issued, it means the file will be reviewed by consular personnel once they receive and consular personnel will make a decision on whether to issue or refuse a visa.

[helpinghubbyhome 0]

How could you have an approved petition when you say that you received a letter from USCIS that stated the petition was denied.

If your petition was denied, you have to go through the appeals process with a result in your favor before you can think about dealing with the NVC (National Visa Center).

Consular Processing does not mean a visa will be issued, it means the file will be reviewed by consular personnel once they receive and consular personnel will make a decision on whether to issue or refuse a visa.

Hello, thank you for responding. His adjustment of status was denied, but the I-130 itself was approved? I could be mistaken, I'm sorry I feel very ignorant right now and that I wish I hadn't felt so trusting of my lawyer she kind of vaguely waved us through the whole process, without me really fully understanding and rather just trusting her to do it all. I regret that I didn't pay more attention. My husband has all of the immigration paperwork with him abroad, so I also cannot look over what has been done at the moment. Apologies and thank you.

[Ms Hogan 295]

Did you receive any copies of anything by email or regular mail? Or did they all go to your lawyer?

The I-130 is a petition from you to bring your husband to the U.S. Was that petition approved and then you were invited to apply for the visa?

What interviews were attended?

I realize you are overwhelmed but please take some time to explain some more details of what has been completed. Someone here will be able to help but you'll need to carefully explain what has already taken place.

[LaVegano 12]

Hello, thank you for responding. His adjustment of status was denied, but the I-130 itself was approved? I could be mistaken, I'm sorry I feel very ignorant right now and that I wish I hadn't felt so trusting of my lawyer she kind of vaguely waved us through the whole process, without me really fully understanding and rather just trusting her to do it all. I regret that I didn't pay more attention. My husband has all of the immigration paperwork with him abroad, so I also cannot look over what has been done at the moment. Apologies and thank you.

First thing I would do is have him scan and email everything that you filed and received to and from USCIS/NVC/CONSULATE. That would be a starting point. And what reason was he denied? This will help.

[LIFE'SJOURNEY 970]

It seems as if they were trying to AOS within the US, but husband had to leave before it was completed. therefore the AOS was denied correctly. The 130 was approved, and is still approved. what the OP needs to do is to have the 130 sent to NVC, once all of the fees at the NVC stage has been paid, they will then send it on to the correct consular for an interview.