1-130 MESS!!!!

[BellaRose 7]

I'm still here waiting for my husband to get a visa for two years now. They sent back my I-130 and I-129f, they are under review. And the review has been outside processing time THREE TIMES already. Now that I'm done venting, I need to ask what may be a stupid question. My husband's bioloical parents are a US citizen and one from a US protecterate.....but they are not on his birth certificate. He was given to Samoan relatives at two days old and they were the ones who registered the birth. I want to know if we can a court order for a DNA test or somehow fix his birth certificate to his biological parents citizenship. I know this sounds crazy but I'm desperate and I have a 2 year old...and recently went to a technical college in hopes that I can find a skilled workers residency in another country where he can immigrate to. This is the most horrible and devastating two years I have had to endure and there is no hope for it to end.

I'm sorry if I sound like a lunatic but, if this continues much longer I will have to check myself into a psychiatric ward. I am in love with my husband, and this is cruel and unusual punishiment...family reunification plan my #######!!!

[NigeriaorBust 4,087]

Actually doing that may open up a whole sea of troubles if he filed and put on his forms someone else as his parents. You are obviously under extended AP for something. If he is in touch with his biological parents and addresses them as such that could be the reason.

[BellaRose 7]

Actually doing that may open up a whole sea of troubles if he filed and put on his forms someone else as his parents. You are obviously under extended AP for something. If he is in touch with his biological parents and addresses them as such that could be the reason.

Sorry I was a little hasty in describing our situation. It was sent back because he overstayed a prior residency. I just need to start getting used to waiting. I am going to have to get a residency for myself in New zealand or Australia, where he has family there that can sponser him. My skills aren't wanted in his home country. Thank you for pointing that out for me though. I wouldn't want to make anything worse than it already is.

[Darnell 8,478]

was any hope of filing 'the waiver' on interview day? If you've covered this before, disregard me, really.

[BellaRose 7]

was any hope of filing 'the waiver' on interview day? If you've covered this before, disregard me, really.

That's where it gets very confusing. They physically gave my husband a form that stated why it was turned down and that the waiver can be completed as well as hand in a few papers we were missing and they gave us a specific date to hand them in to the consulate. He handed in the remaining papers and they didnt see him just sent him away with a passport that didnt have a visa and at that time said they werent excepting the waiver. They then emailed me saying they were sending the paperwork back due to a non-bonified marriage, overstay, and contradicting information. It just so happens (inconveniently) that his brother has the same first and last name as him. My husband's middle name was not included in his residency but his visa and passport had it. When his residency expired, his visa was still kept valid by some loop hole in the system, as they thought it was two different people. We are in such a mess, we are just very unlucky. We do not have a cut and dry case, and virtually no paperwork trail meaning joint accounts, except taxes and a daughter. I honestly believe that I'm going to wind up in Samoa living in a hut with him. I honestly dont mind but I want my daughter to have a better education than they can offer.

[Darnell 8,478]

if you must move, suggest Australia or New Zealand - schools and jobs much better there than in USA, and you'll prolly qualify on the points system, for immigration.

re: the waiver - Suggest the two of you prep that anyway, and then submit it.

At this point, IMO, you need to have that set of Immigration Visa staffers get their story straight - as you've gotten conflicting inputs from them - you need to dissect 'who is who' - ie - Foreign National Citizens versus US Citizens, as well as 'who said what'. In the end, it's the US Citizen 'worker' that has final say in yer case, anything verbal from a 'foreign national citizen' worker doesn't have to be 'held' as gospel.

I would suggest you prepare a dialog of 'what was said', in detail, and send that to the Embassy, with the 'final summation' to them being - 'We were told to file a waiver - we wish to file the waiver now'.

IMO, anyone that you 'hand documents to' is not a US Citizen, not a Consular Official.

[BellaRose 7]

if you must move, suggest Australia or New Zealand - schools and jobs much better there than in USA, and you'll prolly qualify on the points system, for immigration.

re: the waiver - Suggest the two of you prep that anyway, and then submit it.

At this point, IMO, you need to have that set of Immigration Visa staffers get their story straight - as you've gotten conflicting inputs from them - you need to dissect 'who is who' - ie - Foreign National Citizens versus US Citizens, as well as 'who said what'. In the end, it's the US Citizen 'worker' that has final say in yer case, anything verbal from a 'foreign national citizen' worker doesn't have to be 'held' as gospel.

I would suggest you prepare a dialog of 'what was said', in detail, and send that to the Embassy, with the 'final summation' to them being - 'We were told to file a waiver - we wish to file the waiver now'.

IMO, anyone that you 'hand documents to' is not a US Citizen, not a Consular Official.

Thank you very much I will prepare the waiver. I wish I knew who said what but I wasn't there with my husband at the time of interview. Big mistake on my part, since I should know better than to leave my husband alone in critical situations. At least I would have retained all important information. Thank you again. I think you're right about the education also because I live in the Bronx and was going to pay tuition for my preschooler to go to a decent school, which is mind boggling to me.

[Darnell 8,478]

Hey - any news?

[BellaRose 7]

Hey - any news?

Thanks for asking there is news but not any good news. My I-130 under reveiw is pending denial and I must sumbit extensive amounts of documentation. they don't believe we are a bonafide relationship, they think it was for immigration purposes, they think he is a con man because his signatures and pictures don't match or that he is a completed different person altogether. They also think he is still in the country as I received deportation papers for him and that his brother is trying to get here on his name. they believe he is still married to someone else based on a newspaper article. He has three children with another woman who he left me for. besides multiple ids because he has lived in four states since he has been here...some arrests that he was found innocent for and did i mention he overstayed. We are in ####### up to our elbows. I met with a lawyer today and we already have a 3 inch binder full of HALF the bonafides they asked for. This laywer felt so bad for me that she said she is going to help me as a favor and is not requesting payment. I am currently writing an affidavit that is going to well pass ten pages of they questions they asked me and I have yet to send a handwriting sample of my husband to a lab to be varified.

I have never worked this hard in me life or been so stressed, but I would do anything to get him back home to his own bed, and it doesn't hel me emotionally when my 2-year old daughter wakes up and the first thing she asked is to watch a home video of "daddy on the tv". I knew it was going to be a very hard case but many of the complications that worried about haven't come up yet. All of these issues are ridiculous, like basing a marriage on something that reffers to him as a "husband" in a newspaper article? Seriously, I thought dhs did more investigating than just googling his name on the internet. I will ive them everything they want but I'm still trying to wrap my head around all of this.

[Darnell 8,478]

ouch ! well - at least there's some avenue for presenting more evidence fodder, and that, in itself, is a good thing.

Yup, yer basically gonna have to write a book, to refute every single one of 'their' claims against him. I feel for ya, this writing. It's good you've an attorney stepping in, pro bono, though.

Hope it gets sorted, to your benefit, sometime this year - at this stage, USCIS can be slow, even with a looming deadline in place.

[Darnell 8,478]

hey - any new news? Hope all is well !