Deportation Process

[chelilabombera 0]

Hi I was wondering if someone could help me on exactly how this immigration process should go. I am an American Citizen and my husband is from the Dominican Republic. We married in September 09 and in December 09 we filed the I130 and got a reciept number. In March 2010 our case was transfered to the Los Angeles office because all paper is being filed from California and it said to wait until we receive an interview date so they can meet with me in California, even though my husband is in the Dominican Republic. So now we are waiting for the appointment so that I can go, but in the mean time I wanted to know when we need to file the I-601 and the I-212 since my husband was deported. I called USCIS and they said the I-601 should have been sent in along with the I-130, but they said I could still mail it in just attach a copy of our reciept number. So my question is when do the I-601 and the I-212 have to be filed? Are we able to send them in now while we wait for an appointment for them to meet with me in California? Please help!! Thanks!!!

[canadian_wife 1,822]

You will submit the I-601 and the I-212 after the interview when the visa will be denied

You may want to contact your congressman or senator to find out what is going on, your case seems to be taking a long time

Good luck

[tavares 0]

hi, i am also waiting for my interview date , "good" to know that there's more cases like mine. you cannot send the i 601 and i 212 untill your husband goes for a visa interview.and make sure whenever he goes he brings it with him along with the extreme hardship letter. you will gain someX if you do that. so you been waiting for the interview letter since March? did they tell you how long more do you have to wait ?

[chelilabombera 0]

I've already tried contacting the USCIS and they are no help at all.

[chelilabombera 0]

hi, i am also waiting for my interview date , "good" to know that there's more cases like mine. you cannot send the i 601 and i 212 untill your husband goes for a visa interview.and make sure whenever he goes he brings it with him along with the extreme hardship letter. you will gain someX if you do that. so you been waiting for the interview letter since March? did they tell you how long more do you have to wait ?

Thank you to both of your responses. I keep hearing different things about when I have to turn in both forms. We still haven't had the I-130 approved so we are still waiting on that and I don't know what the next step is after that. I've been trying to contact USCIS but they just tell me all they can do is send an email. When our case was transferred in March to the Los Angeles field office their processing time was 5 months, so I waited until July and then called, then we received a letter to wait 90 more days, I didn't hear any type of response or anything, so I called again in October and they sent me another letter that we need to wait 90 days because we are pending an interview appointment, but that interview appointment is to meet with only me in California. So now I'm waiting the 90 days which will be until January and the letter said that if we don't receive an type of notice or appointment, then I would have to schedule the interview myself and go to Los Angeles to that interview. I don't understand why that interview is neccessary, but I feel like the case is taking too long. So we have to wait until January to either get the appointment for me or I have to schedule one and go myself. What happens after the I-130 is approved?

[canadian_wife 1,822]

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

There is a process to go through at NVC (see the link above) and then the interview at the consulate where the visa will be denied

USCIS help line is known as the 'mis-information' line here. They know very little

Good luck

[Boiler 45,525]

An interview in these circumstances would not be unusual.

[tavares 0]

Thank you to both of your responses. I keep hearing different things about when I have to turn in both forms. We still haven't had the I-130 approved so we are still waiting on that and I don't know what the next step is after that. I've been trying to contact USCIS but they just tell me all they can do is send an email. When our case was transferred in March to the Los Angeles field office their processing time was 5 months, so I waited until July and then called, then we received a letter to wait 90 more days, I didn't hear any type of response or anything, so I called again in October and they sent me another letter that we need to wait 90 days because we are pending an interview appointment, but that interview appointment is to meet with only me in California. So now I'm waiting the 90 days which will be until January and the letter said that if we don't receive an type of notice or appointment, then I would have to schedule the interview myself and go to Los Angeles to that interview. I don't understand why that interview is neccessary, but I feel like the case is taking too long. So we have to wait until January to either get the appointment for me or I have to schedule one and go myself. What happens after the I-130 is approved?

After the i 130 is approved they will send your case to NVC. they will contact you by mail. they will ask you to make some payments and send some more papers, after that they will schedule an interview for your husband , they don't tell you to go but it's good if you do and bring the i601 and i 212 with you it will speed the process a little more . have you tried to go there in person it may help more. they told me to wait 60 from the time they transferred my case , it will be next week so i am waiting i may go there in person if i don't get anything which i don't think i will . i also don't get the interview part since my husband it's not even here it's really confusing and stressing me .i wish all this were easier and not so painful like it is. i know how you feeling , i said to myself God never gives us a weight heavier than what we can carry . good luck

[chelilabombera 0]

After the i 130 is approved they will send your case to NVC. they will contact you by mail. they will ask you to make some payments and send some more papers, after that they will schedule an interview for your husband , they don't tell you to go but it's good if you do and bring the i601 and i 212 with you it will speed the process a little more . have you tried to go there in person it may help more. they told me to wait 60 from the time they transferred my case , it will be next week so i am waiting i may go there in person if i don't get anything which i don't think i will . i also don't get the interview part since my husband it's not even here it's really confusing and stressing me .i wish all this were easier and not so painful like it is. i know how you feeling , i said to myself God never gives us a weight heavier than what we can carry . good luck

I was reading on the guide to get through NVC as quickly as possible and it has a lot of good information. I do plan on being there for the interview with my husband. Yeah I will take the I601 and I212 with me, I also think I'm going to take the Hardship letter with me and if all goes well and GOD wants me and my husband to be together in the U.S then it will get approved. I haven't tried going in person, but I am in January. They told me to wait 90 days so my 90 days are going to be up in January. I don't know what the interview is going to be about, but I'm nervous about it. I hope all goes well. Let me know when you go to the interview and how it goes. I know everything is very confusing. I wish it were simple, but I guess if it were simple then everyone would be in the U.S.

[Used to be broken 147]

Hi I was wondering if someone could help me on exactly how this immigration process should go. I am an American Citizen and my husband is from the Dominican Republic. We married in September 09 and in December 09 we filed the I130 and got a reciept number. In March 2010 our case was transfered to the Los Angeles office because all paper is being filed from California and it said to wait until we receive an interview date so they can meet with me in California, even though my husband is in the Dominican Republic. So now we are waiting for the appointment so that I can go, but in the mean time I wanted to know when we need to file the I-601 and the I-212 since my husband was deported. I called USCIS and they said the I-601 should have been sent in along with the I-130, but they said I could still mail it in just attach a copy of our reciept number. So my question is when do the I-601 and the I-212 have to be filed? Are we able to send them in now while we wait for an appointment for them to meet with me in California? Please help!! Thanks!!!

Hi,

Your post is somewhat confusing. Your spouse should not have an appointment in the US if he is in DR, his appointment should be there. You should have filled out on the form what overseas consulate you want the interview in. If they scheduled a stateside interview, you need to fix this by calling USCIS and explaining the situation.

Also you said you were going to bring the I601/I212 and maybe the hardship letter. Your hardship "packet" should involve substantially more than a letter and the I601 form, if you want it approved. Have you consulted with an attorney about preparing it? What hardship are you claiming and what "proof" of hardship do you have? Also you mention your husbands deportation, what was the reason for this? You have to address all the inadmissabilities in the packet you submit.

[chelilabombera 0]

Hi,

Your post is somewhat confusing. Your spouse should not have an appointment in the US if he is in DR, his appointment should be there. You should have filled out on the form what overseas consulate you want the interview in. If they scheduled a stateside interview, you need to fix this by calling USCIS and explaining the situation.

Also you said you were going to bring the I601/I212 and maybe the hardship letter. Your hardship "packet" should involve substantially more than a letter and the I601 form, if you want it approved. Have you consulted with an attorney about preparing it? What hardship are you claiming and what "proof" of hardship do you have? Also you mention your husbands deportation, what was the reason for this? You have to address all the inadmissabilities in the packet you submit.

According to USCIS in March 2010 our case was transferred to the Los Angeles field office to conduct an interview with me. I have no idea why, but thats what they tell me everytime I call and also on the letter I received from the Los Angeles field office and also on the status that shows on their website.

What else would you recommend having in the hardship packet? That is what has me worried because I don't know how to prove a hardship and I think it might be harder because I have been currently living in the Dominican Republic for the past year. My plan was to live out here until my husband got his visa, but I didn't think I was going to prove any type of hardship. I have not consulted with an attorney because a lot of people say that it is not necessary to do so. I honestly don't know what I can prove as hardship. We do have a son together and I don't like living in the Dominican Republic, but I'm just here for my husband. Next year in 2011 I will be starting Nursing school so I will need to move back to the US so I dont know if that would be something I can include in the hardship packet. He was deported because he was accused of something he didn't do. He was in jail in NY for 2 weeks then he was found innocent and was released from jail, but since he was illegal he was turned over to immigration and then was deported.

[Boiler 45,525]

He was deported because he was not here legally. He came to notice through the criminal case.

As well as the deportation depending on how long he has been out of status you may need a waiver for that.

People do do their own waivers, but if you are going to do that there is a LOT of research you need to do.

It is not uncommon for there to be an I 130 interview in this sort of situation.

[sachinky 465]

The fact that you have been living with him in the DR will actually be a negative factor in your hardship waiver. It shows that there really is no hardship on you to move to the DR.

Hardship waivers are not something to be tackled lightly. Time to lawyer up!