An Interview FINALLY!!!

[kaydee457 13]

Good luck...

[Tex'n'Brit 0]

Dear Mrs P,

I haven't been around much and only just found your posts again. I'm amazed to see that things have taken so long to get you even this far but it looks as though something may finally be going your way at last! So - you went to the May 8th appointment in Miami in the end? What exactly happened there??? Where does this latest development put you?

All the best,

Sheila

Edited May 10, 2006 by Tex'n'Brit

[Indo_mommy 0]

I hope your interview went well.

[MrsP 0]

I hope your interview went well.

I just thought I would update. In March I filed a motion to reconsider on our waiver denials, it was not approved and was forwarded to the Administrative appeals office in Washington DC as an appeal. They were very nice on the phone but the inevitable truth is.... They told me to call them back in about a year!!!

P

[sjoefl01 1]

That is a shame Mrs P,

The I 130 is still out there!! Right????

[MrsP 0]

That is a shame Mrs P,

The I 130 is still out there!! Right????

sjoe, if our I-130 gets to Buenos Aires before this we will withdraw the appeal and

submit new waivers.

OR.

If we get some relief from the new law passing we will file an I-212 right now...

i had three lives left, the MTR was one of them so now we are down to two lives.

P

[sjoefl01 1]

I don't think I have ever seen anything here that gave hope for MTR's. I think it is just a way to make money. Of course, I can't blame you for filing it but it is not surprising that you got no relief.

On the otherhand I have seen many cases where second applications and such things as the I 130 were successful. I think there is room for optimism on that one. The immigration legislation is also looking promising, at least in the Senate.

Have you been able to confirm that the waiver part of the legislation has remained in tact through these various compromises?

To me it seems bizarre the way this legislation has unfolded. Every "no" vote has been changed with some sort of draconian compromise. I think when we get the final bill it will be to let everybody stay that has been here over 2 years and kill the rest. I suppose that is the only way to make them all happy.

Mrs. P,

I don't think I have ever asked. Have you done all of this yourself, or do you have a lawyer?

[MrsP 0]

I don't think I have ever seen anything here that gave hope for MTR's. I think it is just a way to make money. Of course, I can't blame you for filing it but it is not surprising that you got no relief.

On the otherhand I have seen many cases where second applications and such things as the I 130 were successful. I think there is room for optimism on that one. The immigration legislation is also looking promising, at least in the Senate.

Have you been able to confirm that the waiver part of the legislation has remained in tact through these various compromises?

To me it seems bizarre the way this legislation has unfolded. Every "no" vote has been changed with some sort of draconian compromise. I think when we get the final bill it will be to let everybody stay that has been here over 2 years and kill the rest. I suppose that is the only way to make them all happy.

Mrs. P,

I don't think I have ever asked. Have you done all of this yourself, or do you have a lawyer?

Hi Sjoe,

We have a good lawyer,

however I filed the MTR myself because we knew it was a long shot and wanted to save our remaining money to refile new waivers with the lawyer rather than blow it on the MTR. Although I have to say that there is NO reason for them to deny what I submitted. I left them no choices and produced evidence amounting to even extreme and unusual hardship when the level we have to meet is only extreme hardship. The gentleman in the embassy in Peru simply passed it to the AAO office seemingly automatically. However I had enclosed original letters from multiple medical professionals stating that I could face extreme medical consequences if my condition is not relieved by my husband returning to the US so I do not have to separate from my daughters to be with him. I was referred to a psychiatrist by the psychologist that I have been seeing regularly for 2 years now. I was told just last week by the psychiatrist that I was in no way better, and I would have to continue taking the prozac for at least a year after she decides I am better. I believe this denial is truly an abuse of power. However the AAO office told me to call back in a year!!! Whether or not it was an abuse of power it would not address this medical situation in a reasonable time frame.

My underlying gut feeling is that they carte blanche deny hardship waivers based on K3 visas and I am currently gathering hard evidence on such so that I can prove this. This practice is in fact not following the intention of the law since if the law meant automatic denial for K3 then it would not even make the waiver available on a K3, and there is absolutely NO specification in the law, of any different level of hardship for K3 vs I-130, ie: they are supposed to treat them both the same. If I was not in the position that withdrawal of the appeal was the best move then I would most certainly take further legal action for not following the law at the Embassy in Peru based on my research, however currently this would not be a good Idea.

P

PS: If the new law that passed the senate today is passed in it's entirety by the house and the president then the I-601 becomes a non issue, HOWEVER hubby will not be able to come home since he will still have to file an I-212 waiver (this was not addressed in the law). While the new law helps us somewhat, it is allowing those who are already in the country to stay, while still barring some spouses and parents of US Citizens from re-entering. Seems to me like, once they are out of the country nobody cares, and that really the new law has little to to with the american tradition of family values and alot to do with money.

[sjoefl01 1]

I agree with you 100%. I am sure the house will chop this bill to pieces when they get it. When it is said and done nobody will get a visa. The USCIS will be jammed with 20 million petitons and the whole machine will shut down. I can guarantee those hundreds of people at the embassy in Colombia wont stand a chance in hell of coming here.

I don't profess to have the answers to these problems but they really should have begun by helping the people that have waited so long to do this legally.

My heart goes out to you Mrs P. Hopefully the 130 will press on and get your husband here.