Odd situation? What next???

[HappyPapa 0]

Hello all.

Fairly new at all this immigration stuff, and reading as fast as I can.

Would love some help/advice as I've found too much information to know what to do currently...Most seems to apply to either if we were still abroad or everything started and here under different circumstances than a visit.

I am a USA citizen (born)

Met my wife 2 years ago while traveling abroad

She is a Bulgarian National

Before we got together she was granted a 10-year B2 Multi-Entry Visa

We got married, legally (by USA and Bulgarian recognized ways) in Bulgaria some 18+ months ago after checking with both Bulgarian authorities and the USA embassy there in Bulgaria, to do it all without issues and "by the book" (the best way).

Had a daughter not long after it, born in Bulgaria.

We obtained Citizenship for our daughter and USA passport, no problems.

When the economy crashed, my income totally dissolved. I mean 100%

Ran out of money and resources there in Bulgaria and had to pull the plug and get on a plane with almost nothing except my office possessions (2 Architecture rendering computers look like you're moving 30 relatives home and they thought I was doing the same at the POE). Intention was to visit my family here in the USA for 6 months, create some options and convince my wife that we really SHOULD RETURN TO THE USA TO LIVE HERE PERMANENTLY, then return to Bulgaria to regroup and possibly get all the paperwork for my wife for permanent residency here.

So...Cleared everything with the USA embassy in Sofia, Bulgaria. All was good, they knew the situation and we told them our intentions.

Got off the plane and my wife was arrested and taken into custody because we couldn't PROVE we would (she would) return to Bulgaria (I guess we were supposed to leave our baby behind or something that would be considered a "convincing reason to return"? What else could be convincing about places like Bulgaria after you've lived there? A concrete house? An old LADA from 1970? A dying family member??? A business in a crashed economy with no clients??? But it's the same HERE TOO- duh!).

They didn't put her on a flight back but reduced our (her) visit to 90 days. Thank heavens.

Now that I am here, I don't want to send her back OR my daughter, who is about 13 months old now.

(The Flight was a nightmare and it really is a pain to travel back there- I absolutely do not want to go back except for a short visit and do not want my daughter to go back nor send my wife back there if I have a say, except to visit. The conditions are just horrible- absolutely)!!!

I realize of course we might HAVE to just to deal with the legal stuff.

Furthermore, we no longer have adequate resources and living conditions there, which now are horrible and totally unsafe for a child (part of the reason we had to leave- my baby was covered with fleas and infections, and my health was deteriorating severely due to living conditions and lack of budget to change them with the collapsed economy now and loosing almost everything due to theft in shipping stuff there when we moved there intending to stay indefinitely). I either can afford to stay here and feed us, in shelter of my family/relatives here, or we can return to FAR more horrible conditions there, with NO resources and just barely survive, and possibly I'll be hospitalized and unable to be a father or worse. Essentially 100% unacceptable living conditions now, without work- (which who knows what will happen but for sure I can do SOMETHING here in the USA -how I LOVE the USA!!!).

So what are my options to keep my wife INSIDE the country, now that she is HERE, and allowing her to come and go now as she likes and wants- so we can VISIT Bulgarian relatives but NOT HAVE to leave the USA when some official says we need to. My daughter...I absolutely do not want her to return there anytime soon- she won't have to as a USA citizen, but if her mama goes, of course we all would need to go, as I can not have my family split up except perhaps for a few days- I can't do that to my daughter!!!

What can I get done in 90 days possibly to keep us out of horrible and primitive living conditions unsafe for our health and secure my wife's ability to stay here with us and become a citizen possibly- or something so she can BE HERE with her family? Can we do all we need to do from here in the states??? I no longer have any way to support us in Bulgaria- and we originally got our tickets simply to visit, before the economy collapsed there.

--edit--- a detail: my wife's visa is a "R B1/B2 M (Multi-entry)" and our 6 month visit says

"...Stay limited per SII no EOS/COS"

Direction and advice much appreciated!

-JP

p.s.

And by the way, is sure is good to be home. For those of you who have lived some time in 2nd or 3rd world countries, let me tell ya, it sure is nice to have a real legal system, rights and a constitution. I really appreciate being a USA citizen. I think we live in a country with the most potential and best system for human beings on earth right now.

[HappyPapa 0]

p.s.s

I have/had residency in Bulgaria, if that matters.

[Desire019 0]

Wow thats someting i have never heard... Taken into custidy? I mean we've read about situatons where at the POE they are sent back but this is something new to me. I suggest you contact the Embassy n Bulgaria ASAP and get a laywer.

Good Luck!

[OKIE2 0]

Wow thats someting i have never heard... Taken into custidy? I mean we've read about situatons where at the POE they are sent back but this is something new to me. I suggest you contact the Embassy n Bulgaria ASAP and get a laywer.

Good Luck!

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good luck and keep us posted how you do

May God you

Bob

[Reba 2]

You probably don't have many options I'm afraid. Certainly none that will be completed before your wife's visitor status runs out.

[Carlawarla 1]

Hello all.

Fairly new at all this immigration stuff, and reading as fast as I can.

Would love some help/advice as I've found too much information to know what to do currently...Most seems to apply to either if we were still abroad or everything started and here under different circumstances than a visit.

I am a USA citizen (born)

Met my wife 2 years ago while traveling abroad

She is a Bulgarian National

Before we got together she was granted a 10-year B2 Multi-Entry Visa

We got married, legally (by USA and Bulgarian recognized ways) in Bulgaria some 18+ months ago after checking with both Bulgarian authorities and the USA embassy there in Bulgaria, to do it all without issues and "by the book" (the best way).

Had a daughter not long after it, born in Bulgaria.

We obtained Citizenship for our daughter and USA passport, no problems.

When the economy crashed, my income totally dissolved. I mean 100%

Ran out of money and resources there in Bulgaria and had to pull the plug and get on a plane with almost nothing except my office possessions (2 Architecture rendering computers look like you're moving 30 relatives home and they thought I was doing the same at the POE). Intention was to visit my family here in the USA for 6 months, create some options and convince my wife that we really SHOULD RETURN TO THE USA TO LIVE HERE PERMANENTLY, then return to Bulgaria to regroup and possibly get all the paperwork for my wife for permanent residency here.

So...Cleared everything with the USA embassy in Sofia, Bulgaria. All was good, they knew the situation and we told them our intentions.

Got off the plane and my wife was arrested and taken into custody because we couldn't PROVE we would (she would) return to Bulgaria (I guess we were supposed to leave our baby behind or something that would be considered a "convincing reason to return"? What else could be convincing about places like Bulgaria after you've lived there? A concrete house? An old LADA from 1970? A dying family member??? A business in a crashed economy with no clients??? But it's the same HERE TOO- duh!).

They didn't put her on a flight back but reduced our (her) visit to 90 days. Thank heavens.

Now that I am here, I don't want to send her back OR my daughter, who is about 13 months old now.

(The Flight was a nightmare and it really is a pain to travel back there- I absolutely do not want to go back except for a short visit and do not want my daughter to go back nor send my wife back there if I have a say, except to visit. The conditions are just horrible- absolutely)!!!

I realize of course we might HAVE to just to deal with the legal stuff.

Furthermore, we no longer have adequate resources and living conditions there, which now are horrible and totally unsafe for a child (part of the reason we had to leave- my baby was covered with fleas and infections, and my health was deteriorating severely due to living conditions and lack of budget to change them with the collapsed economy now and loosing almost everything due to theft in shipping stuff there when we moved there intending to stay indefinitely). I either can afford to stay here and feed us, in shelter of my family/relatives here, or we can return to FAR more horrible conditions there, with NO resources and just barely survive, and possibly I'll be hospitalized and unable to be a father or worse. Essentially 100% unacceptable living conditions now, without work- (which who knows what will happen but for sure I can do SOMETHING here in the USA -how I LOVE the USA!!!).

So what are my options to keep my wife INSIDE the country, now that she is HERE, and allowing her to come and go now as she likes and wants- so we can VISIT Bulgarian relatives but NOT HAVE to leave the USA when some official says we need to. My daughter...I absolutely do not want her to return there anytime soon- she won't have to as a USA citizen, but if her mama goes, of course we all would need to go, as I can not have my family split up except perhaps for a few days- I can't do that to my daughter!!!

What can I get done in 90 days possibly to keep us out of horrible and primitive living conditions unsafe for our health and secure my wife's ability to stay here with us and become a citizen possibly- or something so she can BE HERE with her family? Can we do all we need to do from here in the states??? I no longer have any way to support us in Bulgaria- and we originally got our tickets simply to visit, before the economy collapsed there.

--edit--- a detail: my wife's visa is a "R B1/B2 M (Multi-entry)" and our 6 month visit says

"...Stay limited per SII no EOS/COS"

Direction and advice much appreciated!

-JP

p.s.

And by the way, is sure is good to be home. For those of you who have lived some time in 2nd or 3rd world countries, let me tell ya, it sure is nice to have a real legal system, rights and a constitution. I really appreciate being a USA citizen. I think we live in a country with the most potential and best system for human beings on earth right now.

What a horrible situation! I'm so sorry that there are few if any options available to you other than having your wife and child return to Bulgaria and processing their visa's that way. Her visa that she entered on is for the intention of visiting, not for immigrating, and you can't adjust status from inside the US. There might be some way that she could stay, that wouldn't be illegal, but you'd have to contact a very very good immigration attorney. It's possible you could get a free consulation with one in your area.

Wishing you all the best!

[milimelo 4,487]

We obtained Citizenship for our daughter and USA passport, no problems.

What a horrible situation! I'm so sorry that there are few if any options available to you other than having your wife and child return to Bulgaria and processing their visa's that way. Her visa that she entered on is for the intention of visiting, not for immigrating, and you can't adjust status from inside the US. There might be some way that she could stay, that wouldn't be illegal, but you'd have to contact a very very good immigration attorney. It's possible you could get a free consulation with one in your area.

Wishing you all the best!

Actually, their daughter already has US citizenship so no need for her to go back.

The OP could start the IR petition (takes six months to complete) and then after his wife's visa time is expired she could go back to Bulgaria to complete the rest of processing - interview and visa. I know this sounds heartless but I don't really see any other way to obtain legal residence in the US - she can't adjust status from here.

[♥Stiggy♥ 0]

Unfortuately, with ""...Stay limited per SII no EOS/COS"" means no Change of Status.. so now that shes in the states, and if you were to apply for her to remain, with that being put in the visa, its probably going to get denied.

Id seek an immigration attorney for a free consult and see what they have to say

[HappyPapa 0]

Thank you everyone.

Just to be clear, she was only in custody for about 3 hours; she was let out and we were allowed to leave.

So this "Direct Consular Filing" in Bulgaria, if we returned, or just my wife did, won't work???

[lucyrich 20]

Thank you everyone.

Just to be clear, she was only in custody for about 3 hours; she was let out and we were allowed to leave.

So this "Direct Consular Filing" in Bulgaria, if we returned, or just my wife did, won't work???

It might. In order to do direct consular filing, the US Citizen ordinarily must have legal residence in the foreign country. But embassy rules can vary somewhat, so contact the US embassy in Bulgaria for details on their exact procedure and requirements. You might have to return to Bulgaria, and you might have to reside there for awhile. I'm not sure when or if your own physical presence would be required at the embassy, but that would be something you'd want to check into before you committed to that route.

What almost certainly WON'T work in your case is to apply for adjustment of status while she remains in the US the entire time, because of the "stay limited per SII no EOS/COS" notation.

Filing an I-130 from the US and applying for an immigrant visa would probably work, but that would likely involve a few months of separation.

[just_friend 2]

You should be able to do DCF but again check with the embassy. My info is that the spouse should have lived in Bulgaria for 6 months in order to do the DCF. I believe this is your only option here but she has to go back and stay until her documents are ready. My friends have done the whole process for 20 days. The only problem on your side might be the financial situation. If you don't have stable income or at least any kind of job that meets the poverty line for 3 people then you might get a denial.

I would say talk to the embassy and see what they say.

PS You were a bit harsh on the situation in Bulgaria...

[HappyPapa 0]

Thank you all again!

I've lived in Bulgaria for almost 2 yearss now, and I do have my residency card (for a few hundred leva I can adjust it to a 10-12 year residency status). I'll definitely check on this DCF option then.

After I talk to the embassy there, what do I need to know to compare starting the I-130 vs the DCF? The DCF is relatively fast is my understanding (perhaps in my situation they would need certain requirements shown but if it's income from ME working there, then it won't work- as the construction and building and architecture field is currently in total crisis, finding even ONE client might be like winning the lottery). The I-130 would involve my wife returning (with or without us- that would be up to us) to file the form and do the interview and wait I take it...

...time for me to call the embassy and read some more!

(p.s. perhaps I am being a bit harsh in my assessment of Bulgaria- it can be beautiful, but it is a rugged place to survive and live without a good savings account and some kind of equity- all of which have almost evaporated for me with the crashing construction and building market. I've lost almost everything- and we'd be just short of homeless there and Bulgaria is NOT a place to be homeless!!!!)

Edited March 18, 2009 by HappyPapa

[Carlawarla 1]

Thank you all again!

I've lived in Bulgaria for almost 2 yearss now, and I do have my residency card (for a few hundred leva I can adjust it to a 10-12 year residency status). I'll definitely check on this DCF option then.

After I talk to the embassy there, what do I need to know to compare starting the I-130 vs the DCF? The DCF is relatively fast is my understanding (perhaps in my situation they would need certain requirements shown but if it's income from ME working there, then it won't work- as the construction and building and architecture field is currently in total crisis, finding even ONE client might be like winning the lottery). The I-130 would involve my wife returning (with or without us- that would be up to us) to file the form and do the interview and wait I take it...

...time for me to call the embassy and read some more!

(p.s. perhaps I am being a bit harsh in my assessment of Bulgaria- it can be beautiful, but it is a rugged place to survive and live without a good savings account and some kind of equity- all of which have almost evaporated for me with the crashing construction and building market. I've lost almost everything- and we'd be just short of homeless there and Bulgaria is NOT a place to be homeless!!!!)

I'd be very interested in hearing what information you find out, and about your journey from here on. I wish you the best, my heart breaks for you, and I hope that you can find a way to be together permanently in the US very soon.

Edited March 18, 2009 by Carlawarla

[milimelo 4,487]

Thank you all again!

I've lived in Bulgaria for almost 2 yearss now, and I do have my residency card (for a few hundred leva I can adjust it to a 10-12 year residency status). I'll definitely check on this DCF option then.

After I talk to the embassy there, what do I need to know to compare starting the I-130 vs the DCF? The DCF is relatively fast is my understanding (perhaps in my situation they would need certain requirements shown but if it's income from ME working there, then it won't work- as the construction and building and architecture field is currently in total crisis, finding even ONE client might be like winning the lottery). The I-130 would involve my wife returning (with or without us- that would be up to us) to file the form and do the interview and wait I take it...

...time for me to call the embassy and read some more!

(p.s. perhaps I am being a bit harsh in my assessment of Bulgaria- it can be beautiful, but it is a rugged place to survive and live without a good savings account and some kind of equity- all of which have almost evaporated for me with the crashing construction and building market. I've lost almost everything- and we'd be just short of homeless there and Bulgaria is NOT a place to be homeless!!!!)

DCF, just like the regular I-130 filing will require the I-864 the affidavit of support. What you can do is line up the co-sponsor(s) now and have them get the paperwork for you (tax transcripts and forms filled) and when you go to the appointment to submit the I-130 (both you and your wife need to attend) you submit everything. Don't forget to fill a form yourself as you are the main sponsor.

Back in the time when we did the DCF it was only 54 days from same day approval to visa issuance - would've been faster if I hadn't had to go to a neighboring country for medical and interview.

Definitely check the US embassy in Bulgary website and get in touch with the consular officer there - they are there for you.

Good luck on your journey!

[Bobby+Umit 161]

Since you have the 90 day restriction on the passport for the wife, she will have to return back home. You will not be able to change status, as pointed out above, while in the US.

I would think any attempt to stay beyond that restriction would be considered fraud, and there could be harsh repercussions (like a 10 year ban).

Contact a lawyer and go over your options carefully.

I am curious though, did they "detain" her instead of "arrest" her? I doubt if she was arrested if they would let her go with 90 days to visit, or without going before a judge/court.

What evidence did you present of strong ties back for home? Return ticket? anything other than your word? Since you said you had no home/employment, that would be a huge red flag.

I can see why they would think you were trying to circumnavigate the immigration law by using the visitors visa to stay here and attempt AOS. (which you want to do now).

Contact a lawyer, they will give you the best advice.