Consular processing and opinions

[mramstedt 0]

Hi there,

My case is very confusing, but I hope I can get some practical advice.

Timeline of events:

I immigrated to US in 2003 with my ex-wife (we lived together at the time and until end of year 2006 in US), on the guidance of an "immigration lawyer", who turned out to be a fraud.

Got denied in 2006.

Remarried an US citizen in 2007, filed for I-130 + I-485 + I-601 waiver for overstay and misrepresentation (claimed married in 2003 application, but was "common-law" married to my ex (officially divorced in 1997), told immigration officer in 2003 that I was visiting, although intended to stay, EAD fraud in 2007).

Got letter in May 2008 where both I-130 + I-485 were intended to be denied.

Replied to I-130 ourselves and got it approved in two weeks.

I-485 stated that no matter what the outcome of I-130, the I-485 will be denied because extreme hardship could not be proved.

I-485 was denied in June 2008

My US wife was too stressed out (history of alcoholism and drug abuse when too much anxiety), so we filed for divorce.

I returned to finland in July 2008 to avoid overstay (I guess this had no bearing to the fact that it is counted from 2003?)

My US wife and I are still very much in love and stronger than ever. She visited Finland in February 2009, and I proposed to her again yesterday over email. She is now planning to visit here in the next month and we have plans to re-marry again here in Finland.

Now she does not know if she would like to stay in Finland and we would reapply here at the US embassy for a new I-130 + I-485 + I-601 waiver again or should she go back and work and then file the paperwork to CIS?

What would the chances of getting this done this time around?

I know I have made some very stupid things before, and I regret doing this.

My wife is easily stressed and gets anxiety attacks, and I know this can be a very stressful process for anybody with this history that I have.

Thanks for all your assistance in this.

If anyone needs to take a closer look at the paperwork, contact me and I can send it to you.

Sincerely,

Marko

[cmdpdiva 0]

My advice would always be to do DCF if possible. My case is not as complicated as yours, but our process with the Copenhagen Embassy has been very smooth. One of the consular officials told me that they receive about one I-130 petition a week as opposed to the thousands received by service centers in the States. This means they are much more available to answer questions and help you through the whole process, and you don't have to deal with NVC at all.

I suggest you contact the embassy in Helsinki and see what you and your wife need to do to be eligible to do DCF.

[john_and_marlene 162]

Hope she likes Finland enough to immigrate there. I think your chances of a successful immigration to the U.S. are close to zero.

[Penguin_ie 5,996]

They do seem to be more lenient when one does DCF, but as PP said, you have a lot of obstacles to overcome, and your chances of a US visa are slim. If you can spare the money, give it a try, but do look into other options (ie your wife staying in Finland) too.

Edited March 24, 2009 by Penguin_ie

[txladykat 1]

I would NOT try to navigate this on your own. Find a good immigration attorney. Best advise I can give.