10 Year Ban

[signstorm 0]

Sure I'd speed but if I got pulled over I'd explain to the cop and wouldn't cry about it in front of a judge if the cop followed me to the hospital and issued a ticket for speeding.

Why have you never bothered with the I-601 Hardship Waiver if Honduras is so bad?

Why didn't you wait to get pregnant until after you got her here legally?

Even today USCIS isn't just "handing out Visas to everyone from Honduras or the Philippines (where my wife is from) but for the love of all that is legal you didn't even try did you?

You made a bad decision and your family is suffering for it. Accept it and move on, overcome it by facing what needs to be done to get her here.

Again, go the Immigrate2US.net. You'll find a lot of sympathy over there. If they had their way then EWIs would have an easy path to AOS in country.

You're not going to find what you want here as there is not easy option for you. Either wait out her entry ban or file the waiver.

I may have left out a very important part.... I did file an I-160 and the letter stated that I indeed have hardship, yet I did not prove that my wife would suffer hardship. The waiver was denied. That was in March of 2008. Now what do I do after all this time has passed? Do I file a new I-160?

[Deputy Purple 1,294]

I may have left out a very important part.... I did file an I-160 and the letter stated that I indeed have hardship, yet I did not prove that my wife would suffer hardship. The waiver was denied. That was in March of 2008. Now what do I do after all this time has passed? Do I file a new I-160?

That's an important omission...

First thing about Hardship Waivers, the hardship must be on the US Citizen not the Alien Relative.

Second, even if you prove a Hardship the next step is to prove that you can't move to her country or you guys can't reside together in a 3rd country without imposing undue hardship to you.

If you have the original hardship letter and denial notice with the reason I would seriously suggest that you GO TO www.Immigrate2US.net and connect with Laurel Scott.

FWIW, since it's been 3 years her application is most likely closed so you would have to probably start over from the beginning.

Finally, I'm not trying to be a jerk towards you. I simply don't think you need sympathy more than you need cold hard facts. Bottom line is you made some mistakes and I'm sure you feel bad about them but you can either dwell on that or move forward. You will not get anywhere trying to find a loophole in the system. What you need to do is get the system to work for you, Laurel Scott is your best bet.

Edited September 14, 2011 by Bob 4 Anna

[Nattychic 1]

Welcome to VJ, and the I601 forum. See the reseach links there? Start reading. Your wife will not get a B2 VISA as she is barred for 10 years, in addition she would not really be eligible for one due to the fact you are married to each other and B2 is a non-immigrant VISA and she is an intending immigrant based on your marriage and child together.

Attempting to adjust status from B2 after her entry would end up in a fraud misrep charge. You really need to STUDY the rules before attempting any more immigration attempts for your wife so you don't make things worse and end up with a PERMANENT ban for her.

If you don't feel you can understand this stuff, then perhaps the attorney is the best bet. Its expensive but well worth it for family unity.

[Nattychic 1]

That's where the problem lies sergie, I think he's trying to avoid paying attorney fees etc. He's wants to do things his way. We all make mistakes; I made two staying in the US illegally and then coming back home without my papers ; had I stayed I could have just adjusted my status. Now I gotta wait for this waiver. Hire a lawyer and do the right things no short cuts.

[katiemanny 64]

I think Bob 4 Anna has made it pretty clear to the OP, he just insist that he doesnt deserve to face the consequences of his own actions, no matter how many times you ask about how your wife can get a B2 visa to come here it'll never happen ever, she already has strong ties to the US so even without a bar it will be near 0% for her to ever get a non-immigrant visa to the US, do as Bob 4 Anna suggested. Start your first step by going to the forum for waivers only and take it from there. I'll be a long journey because you will need proof of extreme hardship you'll face if your wife doesn't move to the US with you. Giving up a six figure Income and move to her country for example is not proof of extreme hardship.

Edited September 14, 2011 by katiemanny

[amandas1216 8]

i hear there is a forgiven thing u can file....i have a friend whos husband is doing the same thing!

[san diego 407]

I tried to get a visa for her.... this was just after 9-11 and they were not passing out visas to everyone in Honduras. Plus I did not want my Daughter to be delivered in a 3rd world country... the hospitals and child delivery deaths are much greater than in the states. You say I broke the Law. You are telling me that if your wife was going to have a baby and you are on your way to the hospital and she starts screaming, your not going to BREAK the law and speed or do what ever it takes to have a child delivered in a good hospital! I bet you would do the same if you were in the same situation. So don't go preaching to me about breaking the laws! It's not like she was a smuggler or in the states to suck off the government!

Nobody is preaching and nobody is accusing you for breaking the law. People are just trying to tell you that you did a really stupid thing back then and basically doomed your wife and child for staying there till 2016. Now they are trying to prevent you from doing another ridiculous thing. If you do not want to listen, don't.

[san diego 407]

Here is what I would do:

1) Try another waiver

2) In the meantime move to Honduras and wait till ban is over.

[az110965 252]

Signstorm...

I hope you're not offended by the tone of the members of VJ that have responded to your post, but the simple fact is that ALL of us wish that it was possible to be with our loved ones without enduring the long waits, expense or hardship that occurs from the USCIS process. The underlying tone you're gonna find here is that if I have to wait for my loved one to come legally, so do you and this board doesn't have much tolerance for those who aren't willing to play by the rules.

The simple fact is that you can't undo what's been done except by attempting the hardship waiver and that's a 50/50 shot at best. Otherwise, unfortunately you're simply going to have to wait through the 10 year ban.

Good luck and I hope you can bring your wife back here soon.

[Deputy Purple 1,294]

i hear there is a forgiven thing u can file....i have a friend whos husband is doing the same thing!

Overstay being forgiven for "In Country AOS (Adjustment of Status)" requires 2 things that the OP's wife doesn't have and get obtain:

1. Legal Entry into the US (this gives the alien Legal Status to Adjust)

2. Continued Physical Presence in the US after going "out of Status" (this prevents the alien from getting an entry ban for the Overstay)

[Used to be broken 147]

[/color]

That's an important omission...

First thing about Hardship Waivers, the hardship must be on the US Citizen not the Alien Relative.

Second, even if you prove a Hardship the next step is to prove that you can't move to her country or you guys can't reside together in a 3rd country without imposing undue hardship to you.

If you have the original hardship letter and denial notice with the reason I would seriously suggest that you GO TO www.Immigrate2US.net and connect with Laurel Scott.

FWIW, since it's been 3 years her application is most likely closed so you would have to probably start over from the beginning.

Finally, I'm not trying to be a jerk towards you. I simply don't think you need sympathy more than you need cold hard facts. Bottom line is you made some mistakes and I'm sure you feel bad about them but you can either dwell on that or move forward. You will not get anywhere trying to find a loophole in the system. What you need to do is get the system to work for you, Laurel Scott is your best bet.

Couple things, like every other thread in this VJ forum, the I601 area is a HELPING forum not a finger wagging forum. If you want to be hostile to people go to Off Topic.

Another thing, Laurel Scott is probably pretty good, but she is certainly not the only game in town on I601, she may be the only I601 lawywer in your Roladex or memory but certainly not the best but maybe the most expensive.

We have a pretty active and helpful I601 area with some good research links, it sounds like you are running people off to me, not sure why.

If you don't have help to contribute ... without judgement and mean spiritedness maybe the I601 thread is not for you.

[Deputy Purple 1,294]

Couple things, like every other thread in this VJ forum, the I601 area is a HELPING forum not a finger wagging forum. If you want to be hostile to people go to Off Topic.

Another thing, Laurel Scott is probably pretty good, but she is certainly not the only game in town on I601, she may be the only I601 lawywer in your Roladex or memory but certainly not the best but maybe the most expensive.

We have a pretty active and helpful I601 area with some good research links, it sounds like you are running people off to me, not sure why.

If you don't have help to contribute ... without judgement and mean spiritedness maybe the I601 thread is not for you.

Finger wagging, what is this kindergarten? I was not hostile to the OP, I was simply "matter of fact"-ly with him.

You're right that Laurel Scott isn't the "only game in town" for I-601 Waivers but she does specialize in I-601, EWI and Central America all of which are relevant to the OP's case. He indicated that he has already tanked one I-601 filing, I would say it's time to stop going about it DIY and get a professional involved. How is pointing him in a good direction running him off?

I did notice that while you knock my suggestion (who does participate in free chats) you have failed to offer the lawyer you think is better (and cheaper) for Central American EWI I-601 Waivers so where is your help in this post?

Edited September 14, 2011 by Bob 4 Anna

[signstorm 0]

I have been doing some more research and I am being told to apply for a K-3 visa get it denied, and then submit a waiver the same day. I have heard that some embassy's can approve both at the same time..... is the true?

[Justine+David 218]

K3s are dead, it will be closed and turned into a CR1, so you may as well not bother. I've never heard of an embassy issuing a waiver approval on the same day, but stranger things have happened. In the London consulate, waivers take about 6-8 months...

[JimVaPhuong 4,863]

I have been doing some more research and I am being told to apply for a K-3 visa get it denied, and then submit a waiver the same day. I have heard that some embassy's can approve both at the same time..... is the true?

As noted, K3's rarely happen anymore. They are a leftover from a time when I-130's took a lot longer than I-129F's, and the K3 was seen as a way of leveling the playing field between spousal and fiancee visas. These days, I-130's and I-129F's are usually approved at the same time. When NVC get's both approved petitions from USCIS it's practice now is to administratively close the I-129F, and just forward the I-130 to the consulate. This means a CR1 visa, by default. File the I-130 for the CR1. Don't bother with the I-129F for the K3.

She can submit the I-601 waiver application to the consulate after the visa is denied, usually at the same interview. The decision on the waiver will not be made the same day. It will take a few weeks at best, and more likely a couple of months.