Please help! Do we need a waiver???

[Jen&James 0]

Good morning. I really need a good advice.

Here is the story.

In April 2004 year I entered USA by AUTHORIZATION FOR PAROLE OF ALIEN IN TO THE UNITED STATES. I came to US with my daughter and husband (now ex). At the port of entry the officer issued to us I-94. We also were instructed to apply for green card in 8 months. I-94 had expiration date April 24 2005 year. So we did like the officer said. In 8 months we prepared all necessary documents and applied for a Green card. In a few months which were much later than expiration date on I-94 we were invited to do fingerprints. We did so. At that time I already had ID card, SSN and EAD with expiration date 07/20/2006. A little bit later we were invited for some kind of interview with the officer at Homeland Security Department. At the interview two officers told us that some kind of mistake happened and they didn’t notice before that we actually cannot apply for the green card with status we came to US. I was trying to explain them that we got instructions from the officer at the port of entry to apply for green card. Well they said that the officer made a mistake too. Like they said it was two ways to resolve the problem.

First: We can stay in USA until EAD will expire and leave the country.

Second: Sister of my husband (now ex) which was almost ready to apply for her citizenship in US will file a petition for us and we can stay in USA until visa for us will be available.

I asked the officers if we need to extend our PAROLE STATUS. Both officers told me that the status will be extended by itself and we don’t need to get any kind of paper from them.

I must say that my husband and his family abused me very bad. It was some kind of religious cult. So I couldn’t handle this anymore and I have decided to leave them. I wanted to get divorce and 50% custody for my daughter. But the ex and his family decided differently. I will not tell you all story about how they treat me. I can only tell you it was a HELL! (I mean that word) Finally my ex and his mother told me that the sister of my ex will not include my name in to the petition and I will be without any status in USA. Of course they were frightening me with different things and with deportation. Please don’t judge me very bad. I was isolated from the society by this cult and didn’t know my rights. I didn’t know that someone can actually help me in this country.

So because I was afraid that I will be deported I left the country 2 DAYS BEFORE MY EAD has been expired. My daughter stayed with my ex in US. They didn’t let me to see her since I left their house. I came to my native country and got divorced. In awhile I met my present husband the best man in the world. I’ve never expected that I will be so loved and happy. He came to my native country and we had wedding here. After one month he came back to USA and filed petition for me. Not so long time ago we got our approval letter. We also passed NVC pretty quickly. Now our case for K3 visa was forwarded to the Embassy.

My question is: Do we need a waiver? Is there any possibility that the Embassy will issue a visa for me without a waiver? My parents can write a letters and state that my ex and his relatives really abused me. My parents even didn’t see my daughter because of rules in the cult of my ex and his relatives.

I’m really sorry for such a long story but I had to explain the situation. Please help me with advises. I cannot afford legal help.

I’m very appreciating for your help.

Jen

[WonTanNara 0]

From what you've written it sounds like you entered the USA legally and then left before you were "out of status," so I believe you therefore you should not have any problems obtaining your K3. A waiver is for somebody who has applied for and been denied a visa. Based on what you've written here, as long as you can prove a bonefide marriage I think you'll be fine. Good luck.

[spookyturtle 9,465]

You never adjusted you status while here, correct? I am asuming your husband was a US citizen? On a K-3 visa, you married outside of the US and entered the US with your US citizen husband. You needed to adjust status while you were here which it appears you did not. You stayed just under a year after the expiration of your I-94. which would bar you for 3 years from entering the US. The time to file abuse charges was while you were still in the US. You probably would have been able to adjust your status and stay. Since you returned to your home county, the overstay ban was triggered. It would certainley seem that you will need a waiver to be issued a new visa to return to the US. Best advice, consult with a good immigration lawyer such as Heather Poole at humanrightsattorney.com or Laurel Scott at visacentral.net.

[Jen&James 0]

You never adjusted you status while here, correct? I am asuming your husband was a US citizen? On a K-3 visa, you married outside of the US and entered the US with your US citizen husband. You needed to adjust status while you were here which it appears you did not. You stayed just under a year after the expiration of your I-94. which would bar you for 3 years from entering the US. The time to file abuse charges was while you were still in the US. You probably would have been able to adjust your status and stay. Since you returned to your home county, the overstay ban was triggered. It would certainley seem that you will need a waiver to be issued a new visa to return to the US. Best advice, consult with a good immigration lawyer such as Heather Poole at humanrightsattorney.com or Laurel Scott at visacentral.net.

Thank you for your answers!

My ex is a Russian citizen. When we entered USA we did it together. So he had same stutus and rights like I did. You see it wasn't my fault that misstake were made by Homeland Security. I did everything like I was instructed. The question is:

Can I prove that I didn't overstay in the country if I'll show them my EAD card. This card was issued to me 3 months after I-94 has been expired. And according to EAD I left country 2 days before it's been expired. I didn't mean to break any law.

Jen

[Jen&James 0]

From what you've written it sounds like you entered the USA legally and then left before you were "out of status," so I believe you therefore you should not have any problems obtaining your K3. A waiver is for somebody who has applied for and been denied a visa. Based on what you've written here, as long as you can prove a bonefide marriage I think you'll be fine. Good luck.

WonTanNara, thank you for you good answer! I still have hope for good.

[WonTanNara 0]

From what you've written it sounds like you entered the USA legally and then left before you were "out of status," so I believe you therefore you should not have any problems obtaining your K3. A waiver is for somebody who has applied for and been denied a visa. Based on what you've written here, as long as you can prove a bonefide marriage I think you'll be fine. Good luck.

WonTanNara, thank you for you good answer! I still have hope for good.

I hope so too. Based on what you wrote, I was assuming (correctly) that your ex-husband was NOT in fact a US citizen.

[Jen&James 0]

From what you've written it sounds like you entered the USA legally and then left before you were "out of status," so I believe you therefore you should not have any problems obtaining your K3. A waiver is for somebody who has applied for and been denied a visa. Based on what you've written here, as long as you can prove a bonefide marriage I think you'll be fine. Good luck.

WonTanNara, thank you for you good answer! I still have hope for good.

I hope so too. Based on what you wrote, I was assuming (correctly) that your ex-husband was NOT in fact a US citizen.

That's right. My ex WAS NOT a US Citizen. I'm pretty sure that he is not US Citizen even now. I'll tell you what happened. At the begining he applied to get a refugee status because of religion persecution. At the US Embassy in Moscow Russia the officer didn't give him status of refugee. My ex got status I wrote before. And because at that time I was his wife we came to US by the same status. I just want to know if my EAD will be a prove that I was in the country legaly? On the EAD card says that the person indentified is authorizes to work in the US for the validity of this card. I left the US two days before it was expired. How do you think will I have problems at the interview?

[WonTanNara 0]

That's right. My ex WAS NOT a US Citizen. I'm pretty sure that he is not US Citizen even now. I'll tell you what happened. At the begining he applied to get a refugee status because of religion persecution. At the US Embassy in Moscow Russia the officer didn't give him status of refugee. My ex got status I wrote before. And because at that time I was his wife we came to US by the same status. I just want to know if my EAD will be a prove that I was in the country legaly? On the EAD card says that the person indentified is authorizes to work in the US for the validity of this card. I left the US two days before it was expired. How do you think will I have problems at the interview?

Regarding your parole status, I am inclined to think that you were admitted on parole status without an expiration date, rather than it "automatically extending by itself" as you said the officers told you. Nothing in our gov't extends automatically by itself. Also my understanding is that your EAD is your authorization to work in the US, and therefore be here in the US legally. You left before it expired. Based on the information I have, I still believe you were not out of status.

A consultation with an attorney would be your absolute safest bet, but if you can't afford it then you can't afford it. Try to relax and go to the interview with a positive outlook. You're not trying to hide anything and that is in your best interest. Everything will unfold as it should. Best of luck!

[Jen&James 0]

Regarding your parole status, I am inclined to think that you were admitted on parole status without an expiration date, rather than it "automatically extending by itself" as you said the officers told you. Nothing in our gov't extends automatically by itself. Also my understanding is that your EAD is your authorization to work in the US, and therefore be here in the US legally. You left before it expired. Based on the information I have, I still believe you were not out of status.

A consultation with an attorney would be your absolute safest bet, but if you can't afford it then you can't afford it. Try to relax and go to the interview with a positive outlook. You're not trying to hide anything and that is in your best interest. Everything will unfold as it should. Best of luck!

Thank you very much! You are very kind. And you are very right I don't have anything to hide. I guess I really need to relax.

Jen

[spookyturtle 9,465]

I think your authorized period of stay is the date on your I-94, not your EAD. And one thing I have learned in dealing with immigration issues is even if USCIS makes a mistake, it's still your problem. When you entered the US, you were admitted by Customs and Border Patrol. You were interviewed by USCIS, who said the CBP made a mistake telling you to apply for a green card. Bottom line is you suffer the consequences of their mistakes. I hope that all goes well at your interview, but I will be very surprised if a waiver is not required. A consult with one of the above lawyers should remove all doubt.

[Jen&James 0]

I think your authorized period of stay is the date on your I-94, not your EAD. And one thing I have learned in dealing with immigration issues is even if USCIS makes a mistake, it's still your problem. When you entered the US, you were admitted by Customs and Border Patrol. You were interviewed by USCIS, who said the CBP made a mistake telling you to apply for a green card. Bottom line is you suffer the consequences of their mistakes. I hope that all goes well at your interview, but I will be very surprised if a waiver is not required. A consult with one of the above lawyers should remove all doubt.

Thank you spookyturtle!

[WonTanNara 0]

I think your authorized period of stay is the date on your I-94, not your EAD. And one thing I have learned in dealing with immigration issues is even if USCIS makes a mistake, it's still your problem. When you entered the US, you were admitted by Customs and Border Patrol. You were interviewed by USCIS, who said the CBP made a mistake telling you to apply for a green card. Bottom line is you suffer the consequences of their mistakes. I hope that all goes well at your interview, but I will be very surprised if a waiver is not required. A consult with one of the above lawyers should remove all doubt.

You're so right Spooky. Wouldn't it be nice if they could be held accountable?

This has made me very curious about the EAD and I'd love to know for sure... let us know how it goes Jen. When is your interview?

[Jen&James 0]

I think your authorized period of stay is the date on your I-94, not your EAD. And one thing I have learned in dealing with immigration issues is even if USCIS makes a mistake, it's still your problem. When you entered the US, you were admitted by Customs and Border Patrol. You were interviewed by USCIS, who said the CBP made a mistake telling you to apply for a green card. Bottom line is you suffer the consequences of their mistakes. I hope that all goes well at your interview, but I will be very surprised if a waiver is not required. A consult with one of the above lawyers should remove all doubt.

You're so right Spooky. Wouldn't it be nice if they could be held accountable?

This has made me very curious about the EAD and I'd love to know for sure... let us know how it goes Jen. When is your interview?

I will let you know about the result of the interview. I don't know the date yet, but I will soon.

Jen