Bitter pill to swallow

[Rinkle 0]

I'm very much in the same situation, although without any criminal convictions. I had an overstay and was also advised to leave the country, but when I attempted to return I was refused entry in Chicago. That was 18 months ago and my wife and I have been trying to get my status sorted out since then. I have an I-130 approved and have been to the Embassy in Londone for interviews twice. The last one they notified me that my IR-1 visa application was being denied and that I should apply for an I-601 waiver. The Consular Officer recommended not trusting the hardship letter to a lawyer, but we wanted to ensure that we have everything covered so have gone with a firm in London which has experience with filing waivers through the Embassy there. We're in the proces of writing our hardship letter and finding it difficult, but the lawyer and this site are making it slightly easier.

Throughout this whole process no-one really seems to know how it's going to end. You're basically at the mercy of bureacrats who don't see you as anything other than a name on a piece of paper. The lady who did my last interview and told me that I needed a waiver said they are approved about 80% of the time, but I don't realy know what to believe. All we can do is complete the paperwork, beg, pleade and pray.

It could be a long journey for you but stick with it. If the US is where you both want to be then exhaust every route you have available to you because in the end it will be worth it.

[dwar49 0]

I have not read that much about London, obviously you will tend to hear more about refusals. And the numbers are probably not so high as in other locations.

But if London is higher than say Mexico I would add:

1. Many only return a few days before the interview for the K1/K3/CR1. I have never heard of that being a negative.

2. Many have long overstay, that has never been mentioned as an issue.

3. Success rates were well over 90%, there were complaints that they had dropped a bit, and this is where many people do not have a strong command of the English language or high education levels.

4. I have also heard the London has higher success rates, probably something to do with the above.

His convictions may well be a bigger issue, but you did not detail them.

Okay first of all do not compare what happens in one embassy or consulate to another, they have absolutely nothing to do with each other. Remember all waivers are at the sole discretion of the officer reveiwing them. Length of overstay does have a major impact in London. We are perfect examples of that. His convictions, his length of overstay and his recent return to the UK are all going to play againest him. Do everyone a favor, do not give false hope to someone using references from a different country, we listened to these type of posts and were totally shocked by what we have since learned.

I am glad to hear that the original poster has a lawyer and is working it that way.

One thing to remember it that the hardship is only half the battle. Make sure the lawyer does a very good letter with evidence that your husband is of good character. Also when you go to the embassy and turn in your I-601 the officer will ask you for a hardship letter from your husband (this is the wrong term, what they are looking for is the letter explaining what happened to cause overstay).

Checks to a lawyer are not going to prove attempt to adjust status. Do you have copies of paperwork filed? Notices of action etc?

Rinkle

We were originally told that the embassy prefers a hardship not written by an attorney. Remember the person you are talking to is not the person that will decide your fate. Definitly use the lawyer!!!!!!

[dwar49 0]

Rinkle

I also completely agree with how the process and procedures work. The human factor is not taken into consideration at all. It seemed the reviewing officer went out of her way to turn everthing we said againest us, even the lawyer was shocked by the glaring errors and distortion of the facts in our denial letter. We are hoping that with the lawyers write up our motion to reconsider will be looked at and reviewed properly. Ours definitly wasnt and it was fairly obvious that the reviewing officer did not even glance at the denial letter because there were factual errors through out the letter (to say nothing of dates that were used that were wrong in one place and correct in another).

[Boiler 45,972]

I have not read that much about London, obviously you will tend to hear more about refusals. And the numbers are probably not so high as in other locations.

But if London is higher than say Mexico I would add:

1. Many only return a few days before the interview for the K1/K3/CR1. I have never heard of that being a negative.

2. Many have long overstay, that has never been mentioned as an issue.

3. Success rates were well over 90%, there were complaints that they had dropped a bit, and this is where many people do not have a strong command of the English language or high education levels.

4. I have also heard the London has higher success rates, probably something to do with the above.

His convictions may well be a bigger issue, but you did not detail them.

Okay first of all do not compare what happens in one embassy or consulate to another, they have absolutely nothing to do with each other. Remember all waivers are at the sole discretion of the officer reveiwing them. Length of overstay does have a major impact in London. We are perfect examples of that. His convictions, his length of overstay and his recent return to the UK are all going to play againest him. Do everyone a favor, do not give false hope to someone using references from a different country, we listened to these type of posts and were totally shocked by what we have since learned.

I am glad to hear that the original poster has a lawyer and is working it that way.

One thing to remember it that the hardship is only half the battle. Make sure the lawyer does a very good letter with evidence that your husband is of good character. Also when you go to the embassy and turn in your I-601 the officer will ask you for a hardship letter from your husband (this is the wrong term, what they are looking for is the letter explaining what happened to cause overstay).

Checks to a lawyer are not going to prove attempt to adjust status. Do you have copies of paperwork filed? Notices of action etc?

Rinkle

We were originally told that the embassy prefers a hardship not written by an attorney. Remember the person you are talking to is not the person that will decide your fate. Definitly use the lawyer!!!!!!

Sheer numbers tend to mean the you will see far more posts from those going through CDJ.

But everybody seems to agree that London is up there with success rates.

And I have never seen those factors stressed as you have, do you know that this is common practice for London? Or just what happened to you?

[dwar49 0]

You are absolutely right, CDJ has orders of magnitude more waivers than London.

London does have a good ratio of approvals as compared to denials. But there are no stats showing what the reasons for denials were.

I know of one other case like ours that the USC proved extreme hardship and still the waiver was denied because of length of overstay and short period between departing the country and applying for visa.

The point is, the law and the handbook used by the reviewing officer leads a person to believe that in the case of an overstay only, that the decision is based on proving extreme hardship only. I can personally vouch that is not the case. You must also prove to the reviewing officer that the person requesting the waiver is worthy of their consideration.

I can only go on what happened to us, and one other person. Most other denials involved criminal activity and or the inability to prove extreme hardship. These are all documented cases from London.

In this case they have to overcome 15 year overstay, and criminal activity. That is going to double the problems as it the reviewing officer could decide that even if they prove extreme hardship, that it doesnt overcome his extended violation of US immigration law. (those words are direct from our denial letter and we were only working with 7 year overstay)

Edited April 2, 2007 by dwar49

[garyandkris 0]

Rinkle

I also completely agree with how the process and procedures work. The human factor is not taken into consideration at all. It seemed the reviewing officer went out of her way to turn everthing we said againest us, even the lawyer was shocked by the glaring errors and distortion of the facts in our denial letter. We are hoping that with the lawyers write up our motion to reconsider will be looked at and reviewed properly. Ours definitly wasnt and it was fairly obvious that the reviewing officer did not even glance at the denial letter because there were factual errors through out the letter (to say nothing of dates that were used that were wrong in one place and correct in another).

Dwar49, After back-reading your posts, I can't believe the insanity you've been put through so far. Common sense and compassion sometimes seem to have no place in immigration at all. I had mistakenly been under the impression that for overstay waivers, proving extreme hardship was pretty much all there was to it, and that showing good/reformed moral character was a big concern only for criminal waivers. The errors and distortions in the denial letter must have made you crazy; I'd be absolutely livid. I really hope the motion to reconsider is granted. I wish you the best of luck. And thank you for being so candid about your experiences.

[dwar49 0]

Rinkle

I also completely agree with how the process and procedures work. The human factor is not taken into consideration at all. It seemed the reviewing officer went out of her way to turn everthing we said againest us, even the lawyer was shocked by the glaring errors and distortion of the facts in our denial letter. We are hoping that with the lawyers write up our motion to reconsider will be looked at and reviewed properly. Ours definitly wasnt and it was fairly obvious that the reviewing officer did not even glance at the denial letter because there were factual errors through out the letter (to say nothing of dates that were used that were wrong in one place and correct in another).

Dwar49, After back-reading your posts, I can't believe the insanity you've been put through so far. Common sense and compassion sometimes seem to have no place in immigration at all. I had mistakenly been under the impression that for overstay waivers, proving extreme hardship was pretty much all there was to it, and that showing good/reformed moral character was a big concern only for criminal waivers. The errors and distortions in the denial letter must have made you crazy; I'd be absolutely livid. I really hope the motion to reconsider is granted. I wish you the best of luck. And thank you for being so candid about your experiences.

It was a big shock to us that proving extreme hardship was only the half of it even in an overstay situation. I think it is a sign of the times and will only get worse as the hysteria over illegal immigration intensifies. Instead of looking at the root of the problem, the politicians are looking for quick fixes that are only making it harder for those of us who want to do the right thing!!!! As always the only people who prosper from hardening of laws are the "outlaws".

[Rinkle 0]

Rinkle

I also completely agree with how the process and procedures work. The human factor is not taken into consideration at all. It seemed the reviewing officer went out of her way to turn everthing we said againest us, even the lawyer was shocked by the glaring errors and distortion of the facts in our denial letter. We are hoping that with the lawyers write up our motion to reconsider will be looked at and reviewed properly. Ours definitly wasnt and it was fairly obvious that the reviewing officer did not even glance at the denial letter because there were factual errors through out the letter (to say nothing of dates that were used that were wrong in one place and correct in another).

Dwar49, After back-reading your posts, I can't believe the insanity you've been put through so far. Common sense and compassion sometimes seem to have no place in immigration at all. I had mistakenly been under the impression that for overstay waivers, proving extreme hardship was pretty much all there was to it, and that showing good/reformed moral character was a big concern only for criminal waivers. The errors and distortions in the denial letter must have made you crazy; I'd be absolutely livid. I really hope the motion to reconsider is granted. I wish you the best of luck. And thank you for being so candid about your experiences.

It was a big shock to us that proving extreme hardship was only the half of it even in an overstay situation. I think it is a sign of the times and will only get worse as the hysteria over illegal immigration intensifies. Instead of looking at the root of the problem, the politicians are looking for quick fixes that are only making it harder for those of us who want to do the right thing!!!! As always the only people who prosper from hardening of laws are the "outlaws".

Totally agree with this last comment. My wife's family in the US is outraged that it is so difficult for us to do the right thing and get this sorted out. The politicians are always going to pander to public opinion, especially with an election just around the corner. I just hope that they truly understand the route of the problem and part of that is that they make the whole thing so damned complicated and expensive!

[blackrain76 0]

My husband voluntarily went back to England in Jan. 07 after living in the US for almost 15 years "undocumented". We met at the end of 2004, dated throughout 2005 & married last Feb. 2006. He was living here pretty much as a ghost and I was having concerns about being married to someone who I couldn't list on my tax returns or any financial documents. So he spoke with an attorney here in FL who advised him "incorrectly" (we know that now) to go back to England & process the paperwork to come back legally. Wanting to build a stable financial future for both of us, he didn't question this any further, he booked a flight & left after the holidays. Well, I found an immigration attorney to help me with filing for him to come home and the first thing they said, he should have never left. We could have filed an adjustment of status. That was a very bitter pill to swallow! So, we cried & we sobbed and then brushed ourselves off & now we're positively forging ahead. I filed the I-130 on 3/19/07.

To complicate our furture paperwork, he does have a criminal record in England spanning over 10 years from theft to driving violations which he served time. And then the biggie...living in the US since 1993 illegally. My attorney has sent me affidavits for our friends & family to fill out verifying his moral character. She also sent me info. for the I-601 which I have to research further because I don't have a financial hardship with him gone because I'm a partner in a business.

I'm looking for any advise from members who may have experienced any of these problems & came out the other side.

Thank you

[blackrain76 0]

My husband voluntarily went back to England in Jan. 07 after living in the US for almost 15 years "undocumented". We met at the end of 2004, dated throughout 2005 & married last Feb. 2006. He was living here pretty much as a ghost and I was having concerns about being married to someone who I couldn't list on my tax returns or any financial documents. So he spoke with an attorney here in FL who advised him "incorrectly" (we know that now) to go back to England & process the paperwork to come back legally. Wanting to build a stable financial future for both of us, he didn't question this any further, he booked a flight & left after the holidays. Well, I found an immigration attorney to help me with filing for him to come home and the first thing they said, he should have never left. We could have filed an adjustment of status. That was a very bitter pill to swallow! So, we cried & we sobbed and then brushed ourselves off & now we're positively forging ahead. I filed the I-130 on 3/19/07.

To complicate our furture paperwork, he does have a criminal record in England spanning over 10 years from theft to driving violations which he served time. And then the biggie...living in the US since 1993 illegally. My attorney has sent me affidavits for our friends & family to fill out verifying his moral character. She also sent me info. for the I-601 which I have to research further because I don't have a financial hardship with him gone because I'm a partner in a business.

I'm looking for any advise from members who may have experienced any of these problems & came out the other side.

Thank you

I understand exactly what your going through, I have been married for almost 8 years now with my wife and we have 3 little children, She came from the United Kingdom in Nov 99 and overstayed until Oct 04. I should have sent her back after her 3 months visit and bring her back on the visa waiver program, How stupid i was not too, we could have done that until her case was approved. I could have become a U.S Citizen in 01 and could have speeded things up but no, I had rocks in my head. We did file a I130 in 99 when she got here but only got approved after she voluntarily left the country in Oct 04.Since then we have been on a emotional rollercoaster. No use explaining what happened as far as the difficulties go but i can say one thing, We have suffered big time. Anyway,i will tell you the outcome of this kind of case..

I believe in hoping for the best but i have learned not to give people false hope and to also not break anyones heart with negativity at the same time

Just want to tell those people who have overstayedwhat will happen (but then again your not Muslim) so it all depends.

My wife had an interivew in London on Jan19 07 after 7 years of filing the I130, Boy were we excited.. lol

She went for the Interview and the woman who took the Interview was a Rascist (We are Muslim by the way) lol

She bluntly told my wife her visa will not be given to her on that day because she had overstayed.

We have filed a 1601 and is pending right now at the London USCIS suboffice.

We filed the I601 without any Attorneys advice or help leaving everything in Gods Hands.

The people who have drafted this Hardship thing are very smart. You basically have no choice, How the hell can anyone prove hardship ?.

Economic Hardship and Seperation are the greatest Hardships anyone can face.

Being very sick and having health conditons are worse but who the hell wishes for that just to live in a certain Country.

I know i have no chance but if it does get done it will be a Miracle..

All i can do is expect the worst and hope for the best.....

In the meantime i have filed for citizenship and will wait for my interview, become a citizen, go back to Good ol England be a father and Husband to my wife and children and hopefully come back and fight another day.

Over and out.

P.s Two of my kids are Amercan Born (No wonder they"re ticked off.