Another waiver question

[panamania79 2]

If you get married next month while your waiver is being adjudicated, nothing is valid anymore. Your k1 can not longer be used, and gets canceled, and you have to start all over again.

As long as I-130's are taking this could set you back another year, plus you lose whatever time you've already spent in line for 601 adjudication and will have to file that again as well.

The thing of it is,they haven't even touched the waiver yet and they claim they have no record of interviewing me on June 3rd.This is why I am seriously considering getting married and starting over.But this time doing the CR-1 visa.

[bakofoil 27]

If you get married next month while your waiver is being adjudicated, nothing is valid anymore. Your k1 can not longer be used, and gets canceled, and you have to start all over again.

As long as I-130's are taking this could set you back another year, plus you lose whatever time you've already spent in line for 601 adjudication and will have to file that again as well.

The thing of it is,they haven't even touched the waiver yet and they claim they have no record of interviewing me on June 3rd.This is why I am seriously considering getting married and starting over.But this time doing the CR-1 visa.

Can your congressman intervene again? I can understand your frustration and wanting to get married and just start over - but I don't see how that will help speed things up. I'm sorry you've had to go through this. Good luck with whatever you decide.

[spookyturtle 9,465]

Who did you talk to, the consulate or DHS? The consulate should have turned the waiver over to DHS by now. Can you call the DHS office in Panama? Here is some info on the Panama office.

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=amx

Somebody there is messed up. They accepted your wavier but have no record of you being there to submit it? Don't give up. Call again, see if you can talk to someone else. Better yet, call DHS yourself to check the staus of your waiver. It won't be the first time a consulate has messed up. Good luck and keep us informed.

[panamania79 2]

Who did you talk to, the consulate or DHS? The consulate should have turned the waiver over to DHS by now. Can you call the DHS office in Panama? Here is some info on the Panama office.

https://egov.uscis.gov/crisgwi/go?action=of...r.statecode=amx

Somebody there is messed up. They accepted your wavier but have no record of you being there to submit it? Don't give up. Call again, see if you can talk to someone else. Better yet, call DHS yourself to check the staus of your waiver. It won't be the first time a consulate has messed up. Good luck and keep us informed.

Thank you neighbor.(Boston is close to me).What happened was I filed the waiver and they have no record of interviewing mus.It is absolutely impossible to get throught to them because they do not answer the phone or return calls.I have tried contacting then via e-mail and was successful until I scanned and sent them the appointment letter and receipt they gave to us on June 2nd.I think they're miffed because I proved them wrong.Since the waiver takes a year anyway and they haven't touched it,we were just thinking of getting married in November and going the CR-1 route.

To answer your question,the case is already out of USCIS's hands.It is with the consulate now.They haven't forwarded it back to the USCIS yet.

Edited September 18, 2008 by panamania79

[spookyturtle 9,465]

The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.

[panamania79 2]

The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.

Thank you for your help.My congressman's office told me that they are acting like this because they didn't expect me to appeal their decision.I will not give up.I just can't believe they play games like this.

[panamania79 2]

The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.

Thank you for your help.My congressman's office told me that they are acting like this because they didn't expect me to appeal their decision.I will not give up.I just can't believe they play games like this.

The lawyer I spoke to yesterday suggested I get married since they haven't even touched his paperwork yet and I filed it 3 months ago.

[spookyturtle 9,465]

The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.

Thank you for your help.My congressman's office told me that they are acting like this because they didn't expect me to appeal their decision.I will not give up.I just can't believe they play games like this.

The lawyer I spoke to yesterday suggested I get married since they haven't even touched his paperwork yet and I filed it 3 months ago.

You need to talk to a good lawyer. There aren't any in NE! Immigration law is federal, you can use a lawyer licensed in any state. Out of curiosity, who did you talk to? I interviewed a lot of lawyers before chosing one for my waiver. It may be worth your while to talk to your US senators office.

[emt103c 10]

The thing ya gotta realize is that you don't just lose the time from processing the I-601, you gain

6-8 months to process an I-130

3-5 month average through NVC for appt.

THEN you get to file the 601 again through the same disorganized consulate.

It takes longer for a CR1 to go through NVC than a k1 because it's a permanent visa. If you have a good waiver packet, you are going to save a load of time just waiting for them to get their ducks in a row. Keep working through your elected officials. . .they are probably going to hold the key to making these people do their jobs.

It is a very personal decision and it is all yours, but I could not fathom adding another year + waiver processing to an unbearable separation.

[panamania79 2]

The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.

Thank you for your help.My congressman's office told me that they are acting like this because they didn't expect me to appeal their decision.I will not give up.I just can't believe they play games like this.

The lawyer I spoke to yesterday suggested I get married since they haven't even touched his paperwork yet and I filed it 3 months ago.

You need to talk to a good lawyer. There aren't any in NE! Immigration law is federal, you can use a lawyer licensed in any state. Out of curiosity, who did you talk to? I interviewed a lot of lawyers before chosing one for my waiver. It may be worth your while to talk to your US senators office.

Especially in RI where lawyers are a dime a dozen and they're all crazy !

Thank you and everyone else for your input. I have decided to let the waiver process take it's couse(with a little help from my senator,congressman,and me being a persistant).

[bakofoil 27]

good luck panamania, i think you are making the right decision

[spookyturtle 9,465]

Especially in RI where lawyers are a dime a dozen and they're all crazy !

Thank you and everyone else for your input. I have decided to let the waiver process take it's couse(with a little help from my senator,congressman,and me being a persistant).

Stay with it, don't let them ignore you. It's your life and nobody cares about it like you do. Make your elected officials work for you. Best of luck and please keep us posted. It will help someone else in the future.