February Support and Rant 2015

[jcruzazucar 131]

Soloenta, I am so sorry to hear what happened to you. I have no words other than I hope God sees your pain and helps you and your husband with this situation. I firmly believe God's timing is always perfect and I hope that is the case in this matter as well. My heart goes out to you and your husband.

If there is anything we can help with, please let us know. You have been an extremely helpful and kind person to everyone here. I think everyone just wants to return the favor right now and be there for you. It is ok to let others take care of you when you always take care of others.

Best of luck dear!

[Nancymaz528 2]

Frustrated can't even begin to explain what I am feeling. I am a US citizen petitioning for my el salvador native husband's greencard. One big hiccup in our case is that he was here illegally. We are past the i130 and I filed a provisional waiver due to an extreme hardship. This is getting excrustiatingly stressful and I can't take it anymore. We sent the visa petition to the NVC back in December. Everytime I try to call these people don't pick up for a whole hour if they even pick up at all. The point is, 60 days finally passed and 62 days later I recieve an email and I was ecstatic only for 5 seconds, until I read that they needed more information. Then I was devastated. I sent what they asked me for, I overnighted it. I call like 100 times the next day until I finally get through and then have to wait an hour until they actually pick up. Just so that they can tell me that I have to wait another 60 days just so that they can review the ONE document they requested! And to top it off they tell me that there is still the possibility that they may need something else! I can't do this anymore. Its not fair that as a US citizen dealing with so much I still have to wait endlessly so thatmy husband can be legal. I love him more than anything in the world and I couldn't bear to be without him. I understand that being in the country was illegaly but neither he or I can change that and what I need now is to feel secure about him being here. I am trying so hard to earn a degree the stress that this process brings along with it isn't one that I wish upon anyone. My poor husband is so hard working and honest and kind, he pays his taxes and provides everything that I need. We don't pose a burden on the government, can someone please give me and type of consolation? I have witnessed many young men and women who have applied for that differred action program with false documents and lies but they have managed to become legal. My husband and I who have done everything by the book seem to get every door slammed on our face! Why????

[CheeAndPaul 9]

You are not being singled out. Sixty days is the current time needed before the NVC gets to your paperwork, this is true for all correspondence.

It sucks, but just about everyone is in the same boat as you.

No doors have been shut, at least not yet. Most likely those doors that hit you in your face were being flung open!

Even the checklist is a door being opened for you, the items on it are all that remains before you get to the next step, that much closer to your goal.

Frustrated can't even begin to explain what I am feeling. I am a US citizen petitioning for my el salvador native husband's greencard. One big hiccup in our case is that he was here illegally. We are past the i130 and I filed a provisional waiver due to an extreme hardship. This is getting excrustiatingly stressful and I can't take it anymore. We sent the visa petition to the NVC back in December. Everytime I try to call these people don't pick up for a whole hour if they even pick up at all. The point is, 60 days finally passed and 62 days later I recieve an email and I was ecstatic only for 5 seconds, until I read that they needed more information. Then I was devastated. I sent what they asked me for, I overnighted it. I call like 100 times the next day until I finally get through and then have to wait an hour until they actually pick up. Just so that they can tell me that I have to wait another 60 days just so that they can review the ONE document they requested! And to top it off they tell me that there is still the possibility that they may need something else! I can't do this anymore. Its not fair that as a US citizen dealing with so much I still have to wait endlessly so thatmy husband can be legal. I love him more than anything in the world and I couldn't bear to be without him. I understand that being in the country was illegaly but neither he or I can change that and what I need now is to feel secure about him being here. I am trying so hard to earn a degree the stress that this process brings along with it isn't one that I wish upon anyone. My poor husband is so hard working and honest and kind, he pays his taxes and provides everything that I need. We don't pose a burden on the government, can someone please give me and type of consolation? I have witnessed many young men and women who have applied for that differred action program with false documents and lies but they have managed to become legal. My husband and I who have done everything by the book seem to get every door slammed on our face! Why????

[v4b 46]

Frustrated can't even begin to explain what I am feeling. I am a US citizen petitioning for my el salvador native husband's greencard. One big hiccup in our case is that he was here illegally. We are past the i130 and I filed a provisional waiver due to an extreme hardship. This is getting excrustiatingly stressful and I can't take it anymore. We sent the visa petition to the NVC back in December. Everytime I try to call these people don't pick up for a whole hour if they even pick up at all. The point is, 60 days finally passed and 62 days later I recieve an email and I was ecstatic only for 5 seconds, until I read that they needed more information. Then I was devastated. I sent what they asked me for, I overnighted it. I call like 100 times the next day until I finally get through and then have to wait an hour until they actually pick up. Just so that they can tell me that I have to wait another 60 days just so that they can review the ONE document they requested! And to top it off they tell me that there is still the possibility that they may need something else! I can't do this anymore. Its not fair that as a US citizen dealing with so much I still have to wait endlessly so thatmy husband can be legal. I love him more than anything in the world and I couldn't bear to be without him. I understand that being in the country was illegaly but neither he or I can change that and what I need now is to feel secure about him being here. I am trying so hard to earn a degree the stress that this process brings along with it isn't one that I wish upon anyone. My poor husband is so hard working and honest and kind, he pays his taxes and provides everything that I need. We don't pose a burden on the government, can someone please give me and type of consolation? I have witnessed many young men and women who have applied for that differred action program with false documents and lies but they have managed to become legal. My husband and I who have done everything by the book seem to get every door slammed on our face! Why????

It seems like the people trying to get in the legal way are the ones treated the worst. It's not fair at all I agree, it's worse than communism how people get treated. The 60 day wait is ridiculous to begin with, and we try to be patient and obey the rules and give NVC their time to finish their job, but in return they complicate things for us with silly check lists and taking more than 60 days.

[Soloenta 2,218]

Reposting due to mistakes so sorry.

Please everyone check this thread out it has to do with cases that are denied and will also help those put in AP at their interview. One lady has been waiting since 2006 to get her husband home so please let's help pave the way for her and all of us just in case any of you are amoung the unlucky ones.

Yes, but I have heard of people being hit with misrepresentations for not responding to the first reason of denial and at CSC they just wait until you file again and then bring up then deny the second petition and ask why you were denied the first time. It is a hit or miss situation.

http://www.npr.org/2015/02/23/388520550/supreme-court-considers-visa-case-for-foreign-spouses

http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV4/13-1402_amicus_resp_fco.authcheckdam.pdf

http://www.visajourney.com/forums/topic/538025-supreme-court-considers-visa-case-for-foreign-spouses/page-6#entry7496063

This lady's court case is still pending. She has been trying to get her husband here since 2006. She won at the lower court level and DOS appealed. I have started emailing the Supreme Court telling them to repeal this doctrine, it only hurts U.S. citizens when we are not able to bring our grievances to the courts. They are denying us a constitutional right. You should do the same. Here is what I typed.

The Doctrine of Consular Non-Reviewability deprives U.S. citizens of one of their main Constitutional rights, the right to petition their government for redress of grievances. Lengthy, unnecessary delays and the denial of a visa for the spouse of a U.S. citizen directly affect the U.S. citizen. In everyday life this is called cause and effect. Every day, thousands of U.S. citizens are forcibly separated from their spouses and even children during this process of legally petitioning for their family members to join them in the U.S.

The Doctrine of Consular Non-Reviewability takes away the option of redressing the grievance of a U.S. citizen, especially for an individual who is unable to move abroad due to certain hardships.

All Visa petitions pass through the hands of humans, which creates countless opportunity for human error. Chances of Visa problems increase when Visa workers are burnt out, biased, discriminatory and so on. Human factors like these exponentially increase chances for losing, misplacing, or misinterpreting critical Visa paperwork. Consulates abroad are denying applicants mainly under two categories, non-bona fide relationship and misrepresentation. They understand these two categories are hard to overcome and there is no recourse.

Current laws protect the USCIS, DOS and our Consulates abroad, but these same laws fail to provide necessary protections to the U.S. citizens who are currently struggling or stuck in the legal immigration system. Every day, these struggling and stuck U.S. citizens are unable to receive even the most basic relief or hope from this immigration system. For these reasons, all Americans deserve the right to petition our government to promptly and fairly address these major and tortuous Visa issues

Please repeal the Doctrine of Consular Non-Reviewability.

Please repost were ever you can ty in advance.

[Soloenta 2,218]

Thanks my friend ? your kind words always make me smile. I pray for you everyday and hope we all get what we need soon.

Thank you very much sweet heart and your very welcome and I appreciat your prayers.

[DutchmansLady 216]

One week from today we will be at hubbys interview....yay. I am so happy that I double and triple checked supporting documents because I noticed that his police certificate expires on the date of his interview !!! Maybe it would have been ok but who in the world would take the chance when it can be fixed...one less reason to worry. Sooooo hubby ordered a new one and it arrived within 6 days ...pheeeewweeeee!

Immigration is taking so long now that it is possible that police certs etc can expire so please double check the dates peeps.

[Soloenta 2,218]

It makes perfect sense to me why you wouldn't have as much evidence as other people, if these are your circumstances. That does not by any means make you and your husband fraudsters. The amount of love and support you give to all of us on this forum---people you've never even met---shows what a tremendous person you are. I can only imagine the love you have for your husband, and him for you.

Skype has always been frustrating to me when it deletes old messages and calls that way. This link might be helpful to you, it tells you how to change your Skype settings so that the messages and calls do not automatically delete. https://support.skype.com/en/faq/FA392/where-can-i-find-my-conversation-history-in-skype-for-windows-desktop-and-what-can-i-do-with-it

And for Yahoo, did you guys send emails or only talk in instant message? If you were using Yahoo and sending emails they should all just still be in your account unless they were deleted. If you have an old Yahoo email account that you can't retrieve because of forgetting the username/password, you can contact Yahoo directly and they will help you with this. I thought I had lost an old email address with them and tried to get it back last summer and they were very helpful and allowed me the old account back.

Even if you don't have any old emails, maybe now is a good time for you and your husband to start sending emails to each other. Not even anything long, just a few "thinking of you, I did this or that today and wished you were here, etc." whatever you guys would say to each other.

I'm so sorry you might have to start the whole process over. That's just so unbelievably unfair. At least if you do have to, you'll have time to gather lots of evidence that meets their criteria (whatever that happens to be).

e

Since you guys don't have any pictures together, why not take screenshots of your Skype calls? Skype even has the option to take photos within the program and save them. I don't know if this captures both parties though, I think it might only take a picture of the person you are talking to, and not include your little box in the corner. Just a thought, maybe if you take screenshots where you can see both of your call windows and each other's faces this would count as some sort of photographic evidence.

Thank you so very much so much information and great ideas and such sweet words, I'll make sure to use them all tytytytyty so much what would I do without you my friend.

If all goes well I'll be visiting my husband or meeting him in another country not sure right now. But if I go to Egypt we can be together longer so I'm thinking nah Egypt is just fine.

Soloenta, I am so sorry to hear what happened to you. I have no words other than I hope God sees your pain and helps you and your husband with this situation. I firmly believe God's timing is always perfect and I hope that is the case in this matter as well. My heart goes out to you and your husband.

If there is anything we can help with, please let us know. You have been an extremely helpful and kind person to everyone here. I think everyone just wants to return the favor right now and be there for you. It is ok to let others take care of you when you always take care of others.

Best of luck dear!

Thank you my sweet friend how kind of you to come back to post and I pray your right, I couldn't pray for a few days but I'm ok now and I hope your right and all will be well in the end.

Both my husband and I thank you for your kindness and please keep us in your prayers. God bless you.

Frustrated can't even begin to explain what I am feeling. I am a US citizen petitioning for my el salvador native husband's greencard. One big hiccup in our case is that he was here illegally. We are past the i130 and I filed a provisional waiver due to an extreme hardship. This is getting excrustiatingly stressful and I can't take it anymore. We sent the visa petition to the NVC back in December. Everytime I try to call these people don't pick up for a whole hour if they even pick up at all. The point is, 60 days finally passed and 62 days later I recieve an email and I was ecstatic only for 5 seconds, until I read that they needed more information. Then I was devastated. I sent what they asked me for, I overnighted it. I call like 100 times the next day until I finally get through and then have to wait an hour until they actually pick up. Just so that they can tell me that I have to wait another 60 days just so that they can review the ONE document they requested! And to top it off they tell me that there is still the possibility that they may need something else! I can't do this anymore. Its not fair that as a US citizen dealing with so much I still have to wait endlessly so thatmy husband can be legal. I love him more than anything in the world and I couldn't bear to be without him. I understand that being in the country was illegaly but neither he or I can change that and what I need now is to feel secure about him being here. I am trying so hard to earn a degree the stress that this process brings along with it isn't one that I wish upon anyone. My poor husband is so hard working and honest and kind, he pays his taxes and provides everything that I need. We don't pose a burden on the government, can someone please give me and type of consolation? I have witnessed many young men and women who have applied for that differred action program with false documents and lies but they have managed to become legal. My husband and I who have done everything by the book seem to get every door slammed on our face! Why????

Welcome to the thread and I know the wait is long but it could be longer, I'm not an expert but once your approved at NVC before they give you an interview you need to file a waver and one they approve that you get your interview am I correct? If you don't have a lawyer I suggest to get one the waiver needs to be perfect. I was told by a few people that the following lawyers are the best and used by many on VJ with success, Marc Ellis, Laurel Scoll and Lizz Cannon I think they usually charge about $2000 but it's well worth it I think. I hope someone that knows can help you with this again I know very little about this. Much luck to, you can do this you just need to be patient and EL Salvador is not that far away, so maybe you can visit a little more but then we don't know each others situation and only hope this is possible. Praying all will fall into place soon.

[Soloenta 2,218]

One week from today we will be at hubbys interview....yay. I am so happy that I double and triple checked supporting documents because I noticed that his police certificate expires on the date of his interview !!! Maybe it would have been ok but who in the world would take the chance when it can be fixed...one less reason to worry. Sooooo hubby ordered a new one and it arrived within 6 days ...pheeeewweeeee!

Immigration is taking so long now that it is possible that police certs etc can expire so please double check the dates peeps.

So happy you caught that same happend to my husband but he had his new one and he was asked for it, so everyone close to their interview should check and to be honest unless you got one two months ago I would still get a news one don't take any chances.

You don't need it sweet heart but your in my prayers and will be so very happy to know you have your life back with that coveted Visa.

[ritbiv 95]

Yes sorry just got off the phone with a lawyer and was told, it's better when denied to withdraw the I-130 and start again it takes much less time was quoted 18 months and more to let it take it's course from being send from Embassy to NVC to USCIS back to Embassy. If withdrawn then 6 months not sure if thats the whole process but It think it must be USCIS then the time it takes at NVC again. Right now I have to try to get the texts from my cell, it says on the net there is no way but there must be a way. The lawyer said to try to get the oldest paper work as in Yahoo and Skype coversations as old as I can get them but it seems you can't get more than 6 month back on Skype and Yahoo I can see old messages but they don't go as far back as we started talking which was 2007. I need a genius to help me out here or someone that works for these placed they do not answer their e-mails.

I found this. Skype histories are very much unmaintainable. Have a look at the attached file.

[Kels2487 96]

Frustrated can't even begin to explain what I am feeling. I am a US citizen petitioning for my el salvador native husband's greencard. One big hiccup in our case is that he was here illegally. We are past the i130 and I filed a provisional waiver due to an extreme hardship. This is getting excrustiatingly stressful and I can't take it anymore. We sent the visa petition to the NVC back in December. Everytime I try to call these people don't pick up for a whole hour if they even pick up at all. The point is, 60 days finally passed and 62 days later I recieve an email and I was ecstatic only for 5 seconds, until I read that they needed more information. Then I was devastated. I sent what they asked me for, I overnighted it. I call like 100 times the next day until I finally get through and then have to wait an hour until they actually pick up. Just so that they can tell me that I have to wait another 60 days just so that they can review the ONE document they requested! And to top it off they tell me that there is still the possibility that they may need something else! I can't do this anymore. Its not fair that as a US citizen dealing with so much I still have to wait endlessly so thatmy husband can be legal. I love him more than anything in the world and I couldn't bear to be without him. I understand that being in the country was illegaly but neither he or I can change that and what I need now is to feel secure about him being here. I am trying so hard to earn a degree the stress that this process brings along with it isn't one that I wish upon anyone. My poor husband is so hard working and honest and kind, he pays his taxes and provides everything that I need. We don't pose a burden on the government, can someone please give me and type of consolation? I have witnessed many young men and women who have applied for that differred action program with false documents and lies but they have managed to become legal. My husband and I who have done everything by the book seem to get every door slammed on our face! Why????

Perhaps these words aren't the consolation you were hoping for, but it should at least ease your mind to know that the conditions you speak of are the same for every case. All of us are going through those same frustrating waits. Checklists go right back into the waiting line as original submissions, even if you only missed one check box. Some people go back into the 60 day wait because the NVC loses documents they sent originally. I would go mad!!!!

We are all in this battle to immigrate our spouses legally and unfortunately these are the hoops they are going to make us jump through. I don't think this treatment has anything to do with your husbands past or his character. It is just simply the broken immigration system. I pray that you are able to find some peace throughout the process and find some hope that this will be over soon. It is tough, but you can do it!!!!

[Ryan H 3,819]

Yes sorry just got off the phone with a lawyer and was told, it's better when denied to withdraw the I-130 and start again it takes much less time was quoted 18 months and more to let it take it's course from being send from Embassy to NVC to USCIS back to Embassy. If withdrawn then 6 months not sure if thats the whole process but It think it must be USCIS then the time it takes at NVC again. Right now I have to try to get the texts from my cell, it says on the net there is no way but there must be a way. The lawyer said to try to get the oldest paper work as in Yahoo and Skype coversations as old as I can get them but it seems you can't get more than 6 month back on Skype and Yahoo I can see old messages but they don't go as far back as we started talking which was 2007. I need a genius to help me out here or someone that works for these placed they do not answer their e-mails.

I don't agree with what that lawyer told you about withdrawing and refling. Granted, I'm only a lay person going off what I observe and simple logic. From the way I see it, you go to all the trouble of refling with USCIS and going through the motions to another interview, the only trouble is, the previous denial is still on record and sometimes refling with extra evidence doesn't help so you still end up where you're at.

While it will probably take some time (and I will not counsel patience), approved petitions for an immigrant visa don't carry an expiration date. Once USCIS receives it back, they will have to take action (revoke outright or issue NOIR). In either case, you will see reasons and be able to rebut those reasons.

Just my own two cents, not intended as nor should be construed as legal advice.

[Janelle2002 3,865]

I don't agree with what that lawyer told you about withdrawing and refling. Granted, I'm only a lay person going off what I observe and simple logic. From the way I see it, you go to all the trouble of refling with USCIS and going through the motions to another interview, the only trouble is, the previous denial is still on record and sometimes refling with extra evidence doesn't help so you still end up where you're at.

While it will probably take some time (and I will not counsel patience), approved petitions for an immigrant visa don't carry an expiration date. Once USCIS receives it back, they will have to take action (revoke outright or issue NOIR). In either case, you will see reasons and be able to rebut those reasons.

Just my own two cents, not intended as nor should be construed as legal advice.

I agree with you. I posted about this yesterday.

"Yes, but I have heard of people being hit with misrepresentations for not responding to the first reason of denial and at CSC they just wait until you file again and then bring up the first denial and they deny the second petition and ask why you were denied the first time. It is a hit or miss situation."

[Nancymaz528 2]

Perhaps these words aren't the consolation you were hoping for, but it should at least ease your mind to know that the conditions you speak of are the same for every case. All of us are going through those same frustrating waits. Checklists go right back into the waiting line as original submissions, even if you only missed one check box. Some people go back into the 60 day wait because the NVC loses documents they sent originally. I would go mad!!!!

We are all in this battle to immigrate our spouses legally and unfortunately these are the hoops they are going to make us jump through. I don't think this treatment has anything to do with your husbands past or his character. It is just simply the broken immigration system. I pray that you are able to find some peace throughout the process and find some hope that this will be over soon. It is tough, but you can do it!!!!

Kelsy,

Thanks so much for taking the time to respond to my furstration. This is not fair to us, its like denying us the right to happiness.

[Janelle2002 3,865]

http://immigrationroad.com/green-card/immigration-flowchart-roadmap-to-green-card.pdf

Edited February 26, 2015 by Janelle2002