CR-1 interview

[natashenika 0]

Hi dear friends,

My interview was on Feb 20th in Kiev consulate

I'm sorry it took me forever to post, but I was shocked, upset, lost... you name it.

I came to the USA with J-1 visa in June 2002 and applied for Political Asylum

had an interview and an immigration court hearing, got denial my lawer filled an appeal and I got denial again on October 12 2006

On November 8th I left, but before leaving my boyfriend and me got married, ( we were dating for over a year)

He hired an attorney to file a petition for me as his wife

it was long journey since then

Waiting is always hard, everyone on this forum knows that, but when you have a lawer who takes money out of your budget pretending to know what he is doing and reassuring you that everything is under control and you all set for yor interview...

We've got 3 RFEs because of him .......

But the biggest stress I got on my interview in Kiev,

when I got to the consular window the pink paper (g221) was readily waiting for me

I was asked to obtain Police Certificate from Russia ( studied there 1998-2002)

All monthly bank statements for the 2002- present

all correspondence with DHS 2002-2006

and all work authorithations I had

and after I'll get all of above I have to bring this documents to the consulate to live it at the reception go home and wait ...

consul didn't tell me how long it might take

if I will need to be back for another interview

nothing at all

So now we are trying to do our best to obtain all I was asked for as soon as possible but I don't think I'll get everything before the middle of April

It feels so bad by this time I could pack my bags and be on my way to the men I love and miss so much but instead i have to stay for none knows how long and all this because the person who happend to be our attorney doesen't bother of anything but sending bills to his clients instead of working on their cases and make sure everything is in order.

[calamitka 0]

I'm sorry to hear that Nataszenika.

Maybe there is a chance you don't have to go for another interview only send missing documentation.

I wish you that.

[Nita&Assaad 0]

I wish you the most luck!!!!!

My thoughts are with you!!!

Nita

[vsmtghdy 2]

I'm sorry to hear about your case. Hope there will be no more interview and they will just review your case after you submit all the additional requirements. Good Luck!

[natashenika 0]

Thanks for your support,

[Vladimir 0]

hi to all!!! hi natashenika, my friend by misfortune!

I have same a situation - on February, 21st at me was interview and the consul has told to me, that I should give one more document... It concerns to my previous conviction... Only after I shall give the necessary document, they can open to me the visa... I have ordered this document in Israel through the lawyer and he has told to me, that it will borrow about a month - if, in general, in that court still have not thrown out my case, in this court the strong disorder with archives, and already there have passed almost 7 years... And if the lawyer will receive this document it should be sent to me, then to make translation, then to carry in consulate, and then to wait at least for 10 workdays while they will consider it... So before the middle of April I shall not receive the visa, it is exact...

Edited March 3, 2008 by Vladimir

[simple_male 1]

Good luck to you! Please be patient. Hope you get the visa very soon.

[Chris Parker 11]

On November 8th I left, but before leaving my boyfriend and me got married, ( we were dating for over a year)

He hired an attorney to file a petition for me as his wife

You got married while in removal proceedings?

Edited March 3, 2008 by Chris Parker

[natashenika 0]

On November 8th I left, but before leaving my boyfriend and me got married, ( we were dating for over a year)

He hired an attorney to file a petition for me as his wife

You got married while in removal proceedings?

What do you mean by 'removal proceeding'?

Edited March 3, 2008 by natashenika

[Chris Parker 11]

On November 8th I left, but before leaving my boyfriend and me got married, ( we were dating for over a year)

He hired an attorney to file a petition for me as his wife

You got married while in removal proceedings?

What do you mean by 'removal proceeding'?

Removal proceedings were the reason you were in the immigration court, were you not?

Removal proceedings: "administrative or judicial proceedings regarding the alien's right to be admitted or remain in the United States."

Edited March 3, 2008 by Chris Parker

[natashenika 0]

On November 8th I left, but before leaving my boyfriend and me got married, ( we were dating for over a year)

He hired an attorney to file a petition for me as his wife

You got married while in removal proceedings?

What do you mean by 'removal proceeding'?

Removal proceedings were the reason you were in the immigration court, were you not?

Removal proceedings: "administrative or judicial proceedings regarding the alien's right to be admitted or remain in the United States."

I guess yes if I understand you right

[Chris Parker 11]

On November 8th I left, but before leaving my boyfriend and me got married, ( we were dating for over a year)

He hired an attorney to file a petition for me as his wife

You got married while in removal proceedings?

What do you mean by 'removal proceeding'?

Removal proceedings were the reason you were in the immigration court, were you not?

Removal proceedings: "administrative or judicial proceedings regarding the alien's right to be admitted or remain in the United States."

I guess yes if I understand you right

That makes getting the I-130 petition approval, and the immigrant visa as well, much more difficult to do. Why didn't your lawyer try to apply for adjustment of status as discretionary relief from removal, or even worse, did the immigration judge deny you the eligibilty to apply for such (i.e. denied the "bona fide marriage exemption")?

The fact you got petition approval and now just a 221(g) denial is a good sign, provided the removal proceedings were disclosed in the petition. Yes, an initial denial of immigrant visa without questions should have been expected. Your marriage is currently subject to maximum scrutiny, because your petition approval and immigrant visa are to be based on the "bona fide marriage exemption" to the general prohibition of approvals.

---------------

INA § 204(g) Notwithstanding subsection (a), except as provided in section 245(e)(3), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.

INA § 245(e)

(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.

(3) Paragraph (1) and section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) ...

Edited March 3, 2008 by Chris Parker

[natashenika 0]

the thing is that even though the interview was aout 40 minutes consul didn't ask many questions regarding our marrige he asked when and how we met couple more questions and that's it he was interested in my life in the USA before leaving he wants to see all work authorizations all DHS correspondence and all monthly bank statements 2002-present

[Chris Parker 11]

the thing is that even though the interview was aout 40 minutes consul didn't ask many questions regarding our marrige he asked when and how we met couple more questions and that's it he was interested in my life in the USA before leaving he wants to see all work authorizations all DHS correspondence and all monthly bank statements 2002-present

That all sounds about right... And now you know what he was looking for and what he is still looking for:

"that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of the petition."

So long as question 16 on the petition disclosed the removal proceedings, you submit all the documents he requested (you might be able to mail the documents in), you have not been previously been denied the exemption, and all your documents and statements support that you did indeed enter the marriage in good faith (you can see why a 40-minute interview would be necessary), it will be possible to approve your visa despite the general prohibition against approvals for marriages contracted during removal proceedings. This scrutiny will take time and careful review, so you just need to cooperate and be patient.

BTW - Who advised you to get married just before leaving the U.S.? (please don't tell me this lawyer did - I think you would have had much less difficulty getting an immigrant visa if you had gotten married abroad after leaving the U.S., or if you boyfriend had instead petitioned for a K-1 fiancee visa for you after you left the U.S.)

Edited March 3, 2008 by Chris Parker

[natashenika 0]

yes it was a lower first we decidet just to get married and go through the ajastment of status process in the USA but after talking to 5 different lawers aw got married and I left because all of them advised so