I-212 is making me CRAZY!

[Lonely-in-Ireland 0]

Hello, my name is Erin and i am a US citezen from St. Louis, MO. I married my Irish husband in February of 2004. When we married, he had overstayed a Visa Waiver by about 2 years. We hired a lawyer immediately, and filed all of the appropriate paper work to get him a green card. My husband withink a month or two, recieved his SS card and a work permit. We had our interview in November of 2004 and heard absolutely nothing afterward. Until September 22, 2005 when police and immigration officials removed my husband from our home early in the morning while i was at work, took him to prison where he then spent 2 months awaiting deportation for his previous overstay that we were told by our laywer, would not matter. So in November 2005 after his deprotation and recieving his 10 yr ban for overstaying, i moved to Ireland with my hubby. Where we have been living since, awaiting approval to come home. We filed our I-130 and I-129 in January 06 and got our first approval notice, in June. Since then, everything has gona smoothly to date. Yesterday we recieved the notice saying that our paperwork was on its way to the Embassy in dublin having had the Financial support approved. So i should now be recieveing our last packet with what we need for our interveiw right? Since he has the 10yr ban, we are going to file a I-212 waiver request, which i have researched now, and it looks like it is pretty hard to get!..And i am getting so worried! We have no major hardships if it is denied, except that, the USA is where we made our home, i come fro a very small family or 3 people, and being away is killing all of us. There are also debts in america that will not be able to be paid until i come home. The hardship would be mainly on myself, i dont know how much more stress i can take. So, what should i do?..I have heard that they will not Approve us on our I-130 because we need to file and 1-212, but we cant file the 212 until we goto the 130 interveiw...so how does this work?...We go through the 130 interveiw as normal, wait for them to say no, then request to file an 212, wait for that to be approved, then REDO another 130 interveiw?.....I am just SOOO confused! How long do you think i have left until we can go home. My husband has no criminal record or anything, anywhere. Or do you think that they will approve our 130,and then just say "Ok, now all you need is your 212, then you are DONE!?"....Im pretty sure we couldnt get that lucky though!...PLEASE HELP< I NEED ADVISE!

And what do i need to be ready to file the I-212 beside the money?

[NaijaPrincess Need NaijaPrince 0]

Immigration is so out of sorts. I feel your pain. It makes you want to denounce your citizenship as an American. This country welcomes illegal aliens(Mexicans & other Hispanics) everyday but when you try to do it the right way you get all kinds of hell. I hope and pray that it all works out for you.

Hello, my name is Erin and i am a US citezen from St. Louis, MO. I married my Irish husband in February of 2004. When we married, he had overstayed a Visa Waiver by about 2 years. We hired a lawyer immediately, and filed all of the appropriate paper work to get him a green card. My husband withink a month or two, recieved his SS card and a work permit. We had our interview in November of 2004 and heard absolutely nothing afterward. Until September 22, 2005 when police and immigration officials removed my husband from our home early in the morning while i was at work, took him to prison where he then spent 2 months awaiting deportation for his previous overstay that we were told by our laywer, would not matter. So in November 2005 after his deprotation and recieving his 10 yr ban for overstaying, i moved to Ireland with my hubby. Where we have been living since, awaiting approval to come home. We filed our I-130 and I-129 in January 06 and got our first approval notice, in June. Since then, everything has gona smoothly to date. Yesterday we recieved the notice saying that our paperwork was on its way to the Embassy in dublin having had the Financial support approved. So i should now be recieveing our last packet with what we need for our interveiw right? Since he has the 10yr ban, we are going to file a I-212 waiver request, which i have researched now, and it looks like it is pretty hard to get!..And i am getting so worried! We have no major hardships if it is denied, except that, the USA is where we made our home, i come fro a very small family or 3 people, and being away is killing all of us. There are also debts in america that will not be able to be paid until i come home. The hardship would be mainly on myself, i dont know how much more stress i can take. So, what should i do?..I have heard that they will not Approve us on our I-130 because we need to file and 1-212, but we cant file the 212 until we goto the 130 interveiw...so how does this work?...We go through the 130 interveiw as normal, wait for them to say no, then request to file an 212, wait for that to be approved, then REDO another 130 interveiw?.....I am just SOOO confused! How long do you think i have left until we can go home. My husband has no criminal record or anything, anywhere. Or do you think that they will approve our 130,and then just say "Ok, now all you need is your 212, then you are DONE!?"....Im pretty sure we couldnt get that lucky though!...PLEASE HELP< I NEED ADVISE!

And what do i need to be ready to file the I-212 beside the money?

Edited January 7, 2007 by NaijaPrincess Need NaijaPrince

[kitkat1 5]

You have an approved I-130 which allows you to move to the interview stage - you won't need to file another one. He will be denied at his interview and you will need to file the 212 waiver and the 601 waiver due to his illegal presence. Both require a letter written by the USC explaining and proving, with documentation, extreme hardship to the USC if the visa is denied and the USC is required to relocate permanently to the spouse's country.

Go to www.immigrate2us.net for information on the hardship letter, evidence and waivers in general. Good Luck.

This country welcomes illegal aliens

Clearly not since he was illegal due to his overstay and he was deported!

[Lonely-in-Ireland 0]

You have an approved I-130 which allows you to move to the interview stage - you won't need to file another one. He will be denied at his interview and you will need to file the 212 waiver and the 601 waiver due to his illegal presence. Both require a letter written by the USC explaining and proving, with documentation, extreme hardship to the USC if the visa is denied and the USC is required to relocate permanently to the spouse's country.

Go to www.immigrate2us.net for information on the hardship letter, evidence and waivers in general. Good Luck.

This country welcomes illegal aliens

Clearly not since he was illegal due to his overstay and he was deported!

What is a USC???...And we have already located to his country(Ireland).

[kitkat1 5]

What is a USC???...And we have already located to his country(Ireland).

United States Citizen = you.

http://london.usembassy.gov/dhs/uscis/ivwaiver.html

http://london.usembassy.gov/dhs/uscis/extreme_hardship.pdf

EXTREME HARDSHIP

Normally, a waiver of inadmissibility is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member. Congress provided this waiver but limited its application. By such limitation it is evident that it did not intend that a waiver be granted merely due to the fact that a qualifying relationship existed. The key term in the provision is “extreme” and thus only in cases of actual or prospective injury to the United States citizen or lawful permanent resident will the bar be removed. Common results of the bar, such as separation, financial difficulties, etc., in themselves are insufficient to warrant approval of an application unless combined with more extreme impacts. Matter of Ngai, 19 I&N Dec.245 (Comm. 1984).

Extreme hardship can be demonstrated in many aspects, such as:

a) HEALTH – Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long or short-term.

b: FINANCIAL CONSIDERATIONS. – Future employability; loss due to sale of home or business or termination of a professional practice; decline standard of living; ability to recoup short-term losses; cost of extraordinary needs, such as special education or training for children; cost of caring for family members (i.e., elderly and infirm parents).

c) EDUCATION – Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time in grade; availability of special requirements, such as training programs or internships in specific fields.

d) PERSONAL CONSIDERATIONS – Close relatives in the United States and/or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

e) SPECIAL FACTORS – Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

f) Any other information that explains how your personal circumstances may qualify as imposing extreme hardship on a qualifying U.S. citizen or lawful permanent resident relative.

[pj1959us 0]

I married my Irish husband in February of 2004. When we married, he had overstayed a Visa Waiver by about 2 years. We hired a lawyer immediately, and filed all of the appropriate paper work to get him a green card. My husband withink a month or two, recieved his SS card and a work permit. We had our interview in November of 2004 and heard absolutely nothing afterward. Until September 22, 2005 when police and immigration officials removed my husband from our home early in the morning while i was at work, took him to prison where he then spent 2 months awaiting deportation for his previous overstay that we were told by our laywer, would not matter. So in November 2005 after his deprotation and recieving his 10 yr ban for overstaying, i moved to Ireland with my hubby.

I am assuming that you submitted an I-130 and I-485 back in 2004 correct? What were you told at the interview in November 2004? Not approved? Pending name check? Were the biometrics done?

Did you ever go back to your local District Office to find out the status of your case? There should have been a decision of some sort since there was an AOS interview in November 2004, either at that time or subsequently.

[raymaga 25]

Hope you can get this situation rectified soon and you can move back to the U.S. with your husband.

I don't think people realize the consequences when they overstay in the U.S.

[Lonely-in-Ireland 0]

I married my Irish husband in February of 2004. When we married, he had overstayed a Visa Waiver by about 2 years. We hired a lawyer immediately, and filed all of the appropriate paper work to get him a green card. My husband withink a month or two, recieved his SS card and a work permit. We had our interview in November of 2004 and heard absolutely nothing afterward. Until September 22, 2005 when police and immigration officials removed my husband from our home early in the morning while i was at work, took him to prison where he then spent 2 months awaiting deportation for his previous overstay that we were told by our laywer, would not matter. So in November 2005 after his deprotation and recieving his 10 yr ban for overstaying, i moved to Ireland with my hubby.

I am assuming that you submitted an I-130 and I-485 back in 2004 correct? What were you told at the interview in November 2004? Not approved? Pending name check? Were the biometrics done?

Did you ever go back to your local District Office to find out the status of your case? There should have been a decision of some sort since there was an AOS interview in November 2004, either at that time or subsequently.

We were told nothing at our interveiw, they video taped us, and then said OK we will be in contact!

[rebeccajo 14]

This story flies in the face of the common wisdom that overstays are automatically forgiven upon marriage to a USC.

Anybody care to take a guess as to why this situation is different?

I'm serious.

[Mr and Mrs Bird 0]

I simply don't understand how an overstay can be forgotten to just fill a form I-601

Then I would have overstayed for a long time ago

[kitkat1 5]

This story flies in the face of the common wisdom that overstays are automatically forgiven upon marriage to a USC.

Anybody care to take a guess as to why this situation is different?

My guess is there is something major missing from the story. I have these same questions:

Not approved? Pending name check? Were the biometrics done? Did you ever go back to your local District Office to find out the status of your case? There should have been a decision of some sort since there was an AOS interview in November 2004, either at that time or subsequently.

We were told nothing at our interveiw, they video taped us, and then said OK we will be in contact!

The interview was videotaped - could it have been a stokes interview and they did not believe the validity of the relationship?

Either way, the fact that the OP never followed up on the status and then he was deported sure makes it sounds like there is a piece missing here.