Status on the 2nd Interview

[SimoAndYvette 0]

Hello MENA!

MUCH LOVE TO YOU ALL!!!!!!

Well.....tonight was the first face to face (if you call a blurry cam...via various satellites...the WWW and 2 different countries face-to-face !!)

I finally got to ask him about the interview....

Hubby said the very first thing she stated was that "your petition has no relation to your brother's petition" [HA! What a lie!] She then asked him to talk to her about me...he talked for about 10 minutes, the entire time going through all the pics, emails, letters, and other docs she had kept in interview 1. She said they had received several emails of support regarding us, and when would he like to go to the U.S. He told her that was up to her, and she said I have made my decision....come back tomorrow at 3:00 for your visa! JUST LIKE THAT!! Nothing at all what we expected or dreaded. I did, however, receive an email from Senator Salazar's aide today saying, he assumed everything had worked out to my liking......

In our case...that is totally a double-edged sword! OF COURSE, I am:

ecstatic, beatific, crazy, delirious, dreamy, elated, enraptured, enthusiastic, entranced, euphoric, fervent, floating, flying high, frenzied, gone*, high*, in exaltation, in seventh heaven, joyful, joyous, on cloud nine, overjoyed, pleased as punch, rapturous, ravished, rhapsodic, sunny, thrilled, tickled pink, tickled to death, transported, upbeat, wild ...and so on and so on (Thank you Thesaurus.com )

However...I still have to watch my daughter cry...see how when I am talking to one of the many people who have been waiting, hear our news, she quietly walks out of the room, so I do not see her face drop in pain again. I am SO happy...and she is SO sad...it is hard to say the very least.

What are we doing about? Toree has hired an attorney, and he has already prepared all the paperwork. Toree and Christian (our son), are going to Morocco in December for 2 weeks; while there, Toree and Rachid will be married (just the legal part), and will return with her marriage certificate. The attorney will then submit the new petition, once she is back in Denver. He anticipates he can get Rachid here on a travel visa by the end of March. Once here, he will submit a change of consulate, and his interview should take place in Denver.....and NOT Casa again!

My daughters are both very strong-willed and determined young ladies.....so with this quality, Toree is totally throwing all her energy into this new petition.

It looks like Said will be here on November 7, at 3:25 p.m......15 days and counting!!!!

Again...and again....and again ..... THANK YOU SOOO much!!!! Could NOT have made it through the last couple weeks without you! No words you guys...there just are NO words that can express it...T-H-A-N-K Y-O-U is such a paltry statement, compared to what I feel! Hey, wait! Let me go to thesaurus.com again....

Sorry, had to end it on a laugh!

LOVE YA!! Yvette

[sara535 15]

What are we doing about? Toree has hired an attorney, and he has already prepared all the paperwork. Toree and Christian (our son), are going to Morocco in December for 2 weeks; while there, Toree and Rachid will be married (just the legal part), and will return with her marriage certificate. The attorney will then submit the new petition, once she is back in Denver. He anticipates he can get Rachid here on a travel visa by the end of March. Once here, he will submit a change of consulate, and his interview should take place in Denver.....and NOT Casa again!

Not to rain on anyone's parade, but I think its already time to think about a plan B for this. Its EXTREMELY unlikely that a young man from morocco with an american wife and a pending K visa application is going to get a tourist visa and come for a visit. I may be wrong, but I beleive that entering the US as a nonimmigrant with the actual intent to immigrate is in fact considered immigration fraud. Lets face it, if it was as simple as travelling on over here and then changing a consulate dont you think thats what every single person who has dealt with the casa consulate (and many others for that matter) would be doing? I think Toree needs to interview a few other immigration attorneys and try to select one who seems competent and not just saying what she wants to hear.

Sorry, not trying to be harsh but just realistic to not put all your eggs in one very shaky basket.

in other news, congratulations for getting your case resolved Best of luck to you both!

[SimoAndYvette 0]

Hey Sara....Sorry! Not a traveling visa....do not know the technical term....it is a visa that allows his to travel here due to just cause.....we already had their wedding planned for next Spring (beautiful victorian village at the base of the foothills, near Red Rocks); we have to write a letter for him to have permission to come here, for a specific date and cause, and then when he is here....since it will be during the approval process, then they will file a change of consulate. Of course, this is all based on where each phase of the petition is.

Have I mentioned I am really tired....NO sleep now for 3 days!

What are we doing about? Toree has hired an attorney, and he has already prepared all the paperwork. Toree and Christian (our son), are going to Morocco in December for 2 weeks; while there, Toree and Rachid will be married (just the legal part), and will return with her marriage certificate. The attorney will then submit the new petition, once she is back in Denver. He anticipates he can get Rachid here on a travel visa by the end of March. Once here, he will submit a change of consulate, and his interview should take place in Denver.....and NOT Casa again!

Not to rain on anyone's parade, but I think its already time to think about a plan B for this. Its EXTREMELY unlikely that a young man from morocco with an american wife and a pending K visa application is going to get a tourist visa and come for a visit. I may be wrong, but I beleive that entering the US as a nonimmigrant with the actual intent to immigrate is in fact considered immigration fraud. Lets face it, if it was as simple as travelling on over here and then changing a consulate dont you think thats what every single person who has dealt with the casa consulate (and many others for that matter) would be doing? I think Toree needs to interview a few other immigration attorneys and try to select one who seems competent and not just saying what she wants to hear.

Sorry, not trying to be harsh but just realistic to not put all your eggs in one very shaky basket.

in other news, congratulations for getting your case resolved Best of luck to you both!

[maggieNomar 0]

Glad it ended well. Enjoy your reunion.

[Sandrila 1]

CONGRATULATIONS!! I know that puts your mind at ease

I wish all of us could attain the same happy ending

[Sandrila 1]

What are we doing about? Toree has hired an attorney, and he has already prepared all the paperwork. Toree and Christian (our son), are going to Morocco in December for 2 weeks; while there, Toree and Rachid will be married (just the legal part), and will return with her marriage certificate. The attorney will then submit the new petition, once she is back in Denver. He anticipates he can get Rachid here on a travel visa by the end of March. Once here, he will submit a change of consulate, and his interview should take place in Denver.....and NOT Casa again!

Not to rain on anyone's parade, but I think its already time to think about a plan B for this. Its EXTREMELY unlikely that a young man from morocco with an american wife and a pending K visa application is going to get a tourist visa and come for a visit. I may be wrong, but I beleive that entering the US as a nonimmigrant with the actual intent to immigrate is in fact considered immigration fraud. Lets face it, if it was as simple as travelling on over here and then changing a consulate dont you think thats what every single person who has dealt with the casa consulate (and many others for that matter) would be doing? I think Toree needs to interview a few other immigration attorneys and try to select one who seems competent and not just saying what she wants to hear.

Sorry, not trying to be harsh but just realistic to not put all your eggs in one very shaky basket.

in other news, congratulations for getting your case resolved Best of luck to you both!

I dont know if my situation is in relation to what Yvette is trying to do but

my husband received his K3 visa on April 10th while were approved for CR1 and still awaiting interview for that

we decided to forgo the K3 because ULTIMATELY I want him to reside her permanantely

I am not sure if we made the right decision...we are in AP 5months now

I see so many, who are not married, people who have been married less time receiving their visas so easily

it is hard to remain positive

keep us in your prayers

Edited October 23, 2008 by sandrila

[~Jackie~ 30]

Good luck with everything, but do some additional research on trying to Adjust off a B visa. I know a little about this as my husband also entered on a B.

If there is ANY evidence of knowing each other before coming, they could be denied at the aos interview AND incur a ban. It's not that easy to buck the system that is in place for this. I'm not unsympathetic, just realistic on how USCIS will view your new plan.

Jackie

[LaL 418]

I think you had better research the attorney's plan. If he intends to apply for a B1/B2 to come to Denver, and is already married, what is he going to say at the POE? If he is truthful to the terms of that visa, then he will have to say - for a visit, and I will go back home to Morocco when the stay ends. He will have to return.

If he lies, (ie: says im visiting, but intends to stay) he is committing visa fraud - and the attorney suggesting he is going to file locally - well there just isn't any other way around that other than he is preparing you to commit fraud.

The likelihood that whatever visa applied for other than a family based one will come through is nil. They are going to see that he is attempting to get in the country no matter what. He would still have to apply through Casa to get whatever visa the attorney is talking about and be truthful on the applications (ever filed for a visa?).

If there is ANY evidence of knowing each other before coming, they could be denied at the aos interview AND incur a ban.

^^ that is not true.

Edited October 23, 2008 by LaL

[amal 4]

MABROOKULATIONS on the visa issuance

Good luck with everything, but do some additional research on trying to Adjust off a B visa. I know a little about this as my husband also entered on a B.

If there is ANY evidence of knowing each other before coming, they could be denied at the aos interview AND incur a ban. It's not that easy to buck the system that is in place for this. I'm not unsympathetic, just realistic on how USCIS will view your new plan.

Jackie

Jackie and Sara, I agree with what both of you said. Immigration is very VERY snooty when it comes to changing your visa. I'm not sure the AOS will be a success if, as Jax said, there is any evidence of them knowing each other before he comes here.

From what you explained, I understood that you are planning to write a letter of "just cause"? So I'm guessing that you're going to explain in that letter how they met, why he is wanting to apply for a different visa, and that he is, in fact, planning to immigrate permanently to the usa? If this is the case... it might work but it is still fairly shakey (imho). Immigration are such sticklers on these things that I dunno if I'd want to risk it or not. Wow, that sure is a tough situation!

[~Jackie~ 30]

Lal I thought that was the case, if there was evidence of knowing each other before entering on a B visa, and in this case there is that evidence. Anyway, good luck to the OP with your journey (s)

Jax

[LaL 418]

Lal I thought that was the case, if there was evidence of knowing each other before entering on a B visa, and in this case there is that evidence. Anyway, good luck to the OP with your journey (s)

Jax

In this situation perhaps, it might be a pretty clear warning sign that fraud would have been committed, but many people adjust on a B1/B2 who knew each other prior to entry.

Kezzie knew John for decades, came here one VWP for recuperation from a surgery and fell in love. Simply knowing someone prior to entry has little to do with it. Its the intent on entry - and yes, in this case if the intent is to enter on anything other than a family based visa to marry *and* stay, fraud fraud fraud, and I would bet they do get denied & he is banned (as you stated).

Perhaps you meant in this situation only - but the statement, without the qualifiers to other readers could be misleading.

Edited October 23, 2008 by LaL

[~Jackie~ 30]

You're right, I'm not good at dispensing advice.

I'm going back to being cheerleader

Edited October 23, 2008 by just_Jackie

[SimoAndYvette 0]

Ok...so now I am way confused.....

I see the rationality of if they were legally married in December and in Morocco....however, they are not having a wedding......The wedding was planned when the K1 was in effect....

Simo will be here 11/07, and he is meeting with the attorney the following week re: Rachid. I think this will be my first "Honey-do" task

Thanks guys....as always, you give me more options for viewing something!

Have a WONDERFUL Thursday!

[LaL 418]

Marrying in Morocco, then applying for anything other than a family based visa with intent to immigrate is fraud. If this is what your lawyer suggested he is a ####### lawyer. Get another one.

[MrsAmera 41]

Toree and Christian (our son), are going to Morocco in December for 2 weeks; while there, Toree and Rachid will be married (just the legal part), and will return with her marriage certificate. The attorney will then submit the new petition, once she is back in Denver. He anticipates he can get Rachid here on a travel visa by the end of March. Once here, he will submit a change of consulate, and his interview should take place in Denver.....and NOT Casa again!

Ok I think that you may need to break down the plan a little. Again not trying to rain on the parade but if it goes bad it's going to be really bad.

1) 2 weeks is not enough time to do all the paperwork for a legal Moroccan marriage

2) If they are legally married in Morocco the K1 is no longer valid. They will need to do a K3 or an IR1/CR1 visa because they are legally married in Morocco.

3) A travel visa is virtually impossible for a ME young male to get under normal circumstances, with a pending/returned K1 application and a k3 or IR1/CR1 in process I think the odds are very very very low.

4) You can't request a change of consulate if you're living in the US. Because it's the US there is no American consulate in the United States. I believe there is the option to adjust your status off of a visa to a green card but have never heard of an international marriage, visit and adjustment. I would think this would be a huge visa fraud flag and at the interview he could possible get deported and a ban on re-entry.

I think your daughter should consult with another attorney because this attorney doesn't sound like he's very experienced dealing with such a sticky situation.