We need some help... I made a terrible mistake

[spiderpig 2]

I have a situation that I need an answer to as it has got me Almost drove crazy.I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. To make a long story short, we had the interview 5 months later which was a nightmare. The officers were rude and all but accused us of not having a bona-fide marriage. I became very discouraged and quite upset during the interview as they were very intimidating and sorry to say I requested that the application be withdrawn as my pride got in the way. I am sorry now that I did that after much hard work and hard earned money gone and wished that I could have that day back again as I would not have given up under the pressure. We went back to my husband`s country and we want to re-apply for his Visa. Our marriage is as bona-fide as they get and will be together "till death do us part". My husband and I are trying to get things together to restart the Visa process. At the time of our interview we had just moved (1 month prior) and submitted the change of address form BUT I am expecting since I withdrew the petition, they did not even process the new address in the system. So, we did not receive the notice of denial at our new address BUT did receive a notification thru the USCIS website that the I- 485 was denied as we knew was gonna occur. I called the 1-800 number as per the instructions on the email that states that if you have not received this notice within 30 days of the August 14, 2008, please call customer service at 1-800-375-5283 for further assistance. I did just that and they mailed a copy to the new address and my sister then sent me a copy of the denial notice that states (as we knew already) the reason for the denial was that I withdrew the application and that a hearing would be available and we could re-apply or if my husband was willing to depart the US at his own expense, then please contact that office with the details of the planned departure date. The problem is that we left the US before we received this notice and so my question is are we going to face any hurdles or do we have to file an I-212 even though he was here legally the entire time and then left shortly after the application was withdrawn as not to be out of status. I have read several websites on the I-212 and I am not so sure at this point of what is correct. I read on one site that I-212 Waivers are Hardship waivers for legal entry into the United States following deportation or removal proceedings, or following a voluntary departure from an unlawful presence in the United States. Since my husband was not unlawfully present.... this would not apply correct? He was Legal the entire time that he was in the USA and when I withdrew the application, we left quickly in order to prevent him being out of status. I just want to be able to put my weary mind at ease and proceed ONCE AGAIN, this time to the end and I need some advice from someone who knows. Many Thanks in advance

[unforgettable fire 2]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

[Zee Bee 61]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

[spiderpig 2]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

[spiderpig 2]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

[spiderpig 2]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

I have not had a chance to set up a timeline yet....

In reference to your statement about researching, we did! and had alot of evidence to prove the marriage was bona-fide BUT like I said they were so rude and I lost it.... and I know that they can ask anything they want... its HOW they asked it. It was a STUPID mistake on my part and now I am just looking for some GOOD advice as an Attorney is not an option right now.

[spiderpig 2]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Thanks for ur reply... yes we were in the US and AOS was what we did.

What waiver would it be and can u explain to me the I-601 and the I-212... I have read but need it explained in laymans terms:)

[Sanai 0]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Thanks for ur reply... yes we were in the US and AOS was what we did.

What waiver would it be and can u explain to me the I-601 and the I-212... I have read but need it explained in laymans terms:)

What country was your foreign spouse from? What state did you hold your interview in? What country are you in now?

[spiderpig 2]

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Thanks for ur reply... yes we were in the US and AOS was what we did.

What waiver would it be and can u explain to me the I-601 and the I-212... I have read but need it explained in laymans terms:)

What country was your foreign spouse from? What state did you hold your interview in? What country are you in now?

He is from Turkey (West Turkey... NOT south East Turkey) Interview in Portland, Oregon and we are back in Turkey:(

[MargotDarko 0]

Are you legally resident in Turkey or just visiting? If legally resident, have you been there six months or more? If so, check out the DCF (direct consular filing) guide and forum here. Despite the past problems, you'll start the process as normal and nothing will be different until you get to the interview date. If they then have a problem and deny the visa, you would then start the waiver process. Good luck!

[spiderpig 2]

Are you legally resident in Turkey or just visiting? If legally resident, have you been there six months or more? If so, check out the DCF (direct consular filing) guide and forum here. Despite the past problems, you'll start the process as normal and nothing will be different until you get to the interview date. If they then have a problem and deny the visa, you would then start the waiver process. Good luck!

I am! and by then we will have been married for 2 years and that should stand for something.... What would be a reason that they may deny the visa???? He was NEVER in the US illegal and doesnt have a criminal history.... all of this was my mistake and what a mistake it was! Thank you

[MargotDarko 0]

Are you legally resident in Turkey or just visiting? If legally resident, have you been there six months or more? If so, check out the DCF (direct consular filing) guide and forum here. Despite the past problems, you'll start the process as normal and nothing will be different until you get to the interview date. If they then have a problem and deny the visa, you would then start the waiver process. Good luck!

I am! and by then we will have been married for 2 years and that should stand for something.... What would be a reason that they may deny the visa???? He was NEVER in the US illegal and doesnt have a criminal history.... all of this was my mistake and what a mistake it was! Thank you

With no criminal history, no use of illegal drugs, no dangerous diseases or history of mental instability, and with proper financial support, your only concern about the visa being denied will be the previous interview when you got upset and withdrew the application. They may question that and they may still be unsatisfied that the relationship is bondafide. However, time is definitely on your side - the fact that you've been living together and have been married for almost two years now will count for something, especially if you show evidence - such as joint accounts, joint lease/mortgage, etc.

So your next step is to check out the direct consular filing process (DCF) and get a new I-130 petition submitted. You will do everything as if it were the first time. Good luck!

[spiderpig 2]

Are you legally resident in Turkey or just visiting? If legally resident, have you been there six months or more? If so, check out the DCF (direct consular filing) guide and forum here. Despite the past problems, you'll start the process as normal and nothing will be different until you get to the interview date. If they then have a problem and deny the visa, you would then start the waiver process. Good luck!

I am! and by then we will have been married for 2 years and that should stand for something.... What would be a reason that they may deny the visa???? He was NEVER in the US illegal and doesnt have a criminal history.... all of this was my mistake and what a mistake it was! Thank you

With no criminal history, no use of illegal drugs, no dangerous diseases or history of mental instability, and with proper financial support, your only concern about the visa being denied will be the previous interview when you got upset and withdrew the application. They may question that and they may still be unsatisfied that the relationship is bondafide. However, time is definitely on your side - the fact that you've been living together and have been married for almost two years now will count for something, especially if you show evidence - such as joint accounts, joint lease/mortgage, etc.

So your next step is to check out the direct consular filing process (DCF) and get a new I-130 petition submitted. You will do everything as if it were the first time. Good luck!

Thanks... the words of support are greatly welcomed... You will never know just how much!

Do you or anyone know of a phone number that I could call to speak with someone that would be familiar with our case. I called the USCIS last night the 1-800-375-5283# and didnt get very far... they were nice but its just a call center and they werent able to provide me with any helpful numbers.

Thanks in advance....