I-130 Falsely denied (possibly)

[caliliving 606]

27 minutes ago, Militaryguy said:

Before we left the US I informed my Judge Advocate General (Military Legal) of my situation. They advised me to contact the USCIS Military hotline. I spoke with an agent and explained what i told you all. She told me the AOS process will be treated as abandoned and we will have to apply for another i130 when we leave the country. This was a better choice than leaving my wife with two babies alone in a country she knew nothing of at the time. At $4,000 roughly, I could not afford a greencard for three people on an E1 paygrade salary at the time. Hence the wait. 

 

Ive just spoken to my JAG and thankfully my wife can stay in the host nation country for 60 days while awaiting her Visa waiver. My lawyer has also informed me that her i-601 waiver can be expedited due to my impending deployment and lack of guardian for my children. I do not know how long "expedited" is but we will keep our fingers crossed. 

no excuse. you knew she needed a greencard and unfortunately, you should have done it with her in the country. you are looking at 2 years for paperwork and waiver IF she is approved.  

its also not 4k, more like 1500 and you dont need a lawyer you could do it on your own.  

[Militaryguy 2]

4 minutes ago, caliliving said:

eencard and unfortunately, you should have done it with her in the country. you are looking at 2 years for paperwork and waiver IF she is approved.  

its also not 4k, more like 1500 and yo

I think youre confused as to what I said. 3 i-485 petitions plus 3 biometrics equates to $4000 roughly. Having one job for a family of 4 while paying for rent for a house and a car on an E1 paycheck while being deployed back to back to the middle east for one year with next to no communication available with my wife may not be a valid "excuse" for you, i am truly sorry, but what is done is done.

 

I can only move forward, not dwell on the past.

[Cyberfx1024 7,980]

1 hour ago, Militaryguy said:

I think youre confused as to what I said. 3 i-485 petitions plus 3 biometrics equates to $4000 roughly. Having one job for a family of 4 while paying for rent for a house and a car on an E1 paycheck while being deployed back to back to the middle east for one year with next to no communication available with my wife may not be a valid "excuse" for you, i am truly sorry, but what is done is done.

 

I can only move forward, not dwell on the past.

My question is why you still an E-1 and deploying so much? You say you are deploying so much but that would mean you would be receiving combat pay, hazard duty pay, not counting the extra pay such as bah for your family. You say you spent a lot of time abroad so you couldn't transmit citizenship to them, if it was due to the military then that is waived. 

 

The money is there if you crunch the numbers and sacrifice.

Edited December 11, 2017 by cyberfx1024

[Militaryguy 2]

I was an e1 in 2011, i am now an e6. All my bonus pays trickled in over paychecks, not a lumpsum. Both children were born prior to enlistment so do not count as grounds for citizenship. 

 

I know you want to give the tough love speech to me and try to demean me by trying to be superior through ‘lectures’. My wife and I are extremely financially responsible, no debts, nothing expensive owned. If there was money, papers would have been filed and i wouldnt be here talking to you. 

Edited December 11, 2017 by Militaryguy

[R&OC 370]

I appreciate all the responses but I am sure this already isn't easy. And perhaps they simply didn't have the money and thought they could prolong the process. I am also sure, no one would do this on purpose - so please, to those answering so harshly, if you can't be constructive and supportive, then don't answer. As if none of us has never made a mistake? And frankly speaking, early on in my career there were certainly months in which I was living from pay check to pay check, too. I would have had a hard time coming up with USD 4000 in those days with other expenses continuing at the same time and being the sole bread winner. Lets be more compassionate and not so judgemental.

 

@ miitaryguy -Let's hope you'll manage to figure out a waiver and have your whole family come with you or follow you soon. If I were you, I would go to the JAG and  get an immigration lawyer. These are more expenses on top of other expenses but I don't see a different route at this point.

Edited December 11, 2017 by R&OC

[Penguin_ie 5,993]

**** post personally attacking others and those quoting removed.  Post with constructive advice for the Op or do not post. ******

[Militaryguy 2]

20 minutes ago, Penguin_ie said:

**** post personally attacking others and those quoting removed.  Post with constructive advice for the Op or do not post. ******

I have to say mods here are definitely the best, lol. I dont mind people scrutinizing my situation, after all i did come here for help.

 

Update: Ive contacted my JAG and to no surprise, they can not help and have referred me to the MAP lawyers who are free and specialize in immigration. Unfortunately they are backlogged so i will stick to my immigration lawyer in DC. Luckily my wife can stay in the host nation for 60 days past her SOFA stamp as i was told by JAG. Im praying this is enough time to approve the waiver. I do not know what will happen if she has to go back to the Philippines. Will her waiver become inelegible? 

[Michael2017 368]

4 minutes ago, Militaryguy said:

I have to say mods here are definitely the best, lol. I dont mind people scrutinizing my situation, after all i did come here for help.

 

Update: Ive contacted my JAG and to no surprise, they can not help and have referred me to the MAP lawyers who are free and specialize in immigration. Unfortunately they are backlogged so i will stick to my immigration lawyer in DC. Luckily my wife can stay in the host nation for 60 days past her SOFA stamp as i was told by JAG. Im praying this is enough time to approve the waiver. I do not know what will happen if she has to go back to the Philippines. Will her waiver become inelegible? 

Her waiver has nothing to do with the country she stays in, it is a waiver against inadmissibility to the USA. So this will not affect it. However, waiver will take over a year in the best case, so you must face reality and plan for the next 12-15 months without your wife being in the USA. This is fact now. No matter what you do.  There is a considerable chance that the waiver will not be granted. You need to again think about what you would do if it is not granted. I know it sucks but this is reality now and needs to be faced. I am very sorry for your unfortunate situation.

Edited December 11, 2017 by Michael2017

[Militaryguy 2]

10 minutes ago, Michael2017 said:

Her waiver has nothing to do with the country she stays in, it is a waiver against inadmissibility to the USA. So this will not affect it. However, waiver will take over a year in the best case, so you must face reality and plan for the next 12-15 months without your wife being in the USA. This is fact now. No matter what you do.  There is a considerable chance that the waiver will not be granted. You need to again think about what you would do if it is not granted. I know it sucks but this is reality now and needs to be faced. I am very sorry for your unfortunate situation.

Ive just spoken with USCIS and I was told my wifes waiver will be approved around one month due to my impending military deployment and no guardian for my children. My lawyer and the US Embassy has also given me this timeline. Are you speaking from personal or known acquaintance experience?

[Michael2017 368]

2 minutes ago, Militaryguy said:

Ive just spoken with USCIS and I was told my wifes waiver will be approved around one month due to my impending military deployment and no guardian for my children. My lawyer and the US Embassy has also given me this timeline. Are you speaking from personal or known acquaintance experience?

Those are the timelines seen on this forum for similar cases. However, if there is a military "bonus" this might play out well for you and speeds up your case. However, that is by far not the normal processing timeline of such a waiver which is usually over a year.  However, there is no guarantee that a waiver is granted. 

Edited December 11, 2017 by Michael2017

[Boiler 45,294]

Waivers can be expedited

 

Military reasons or otherwise.

[KCMO 84]

I sincerely hope that it will be expediated and your wife can be with you and kids in a month or two . If any one's situation deserves it ,its yours. I know immigration can be complex topic, especially without a good attorney. Most of us without a lot of money to pay attorney fees learn from sites like Visajourney and have successfully filed our petitions and obtained visas and greencards, naturalized etc. And i commend you for keeping your calm and levelheadedness even when some here were talking harshly without a sense of empathy. Good luck to you and your family OP. please update us.

 

Edited December 11, 2017 by KCMO

[KCMO 84]

Btw op, i found this on the USCIS website. Among the few reasons for expediating waiver of idmissibility this is clearly listed.

 

41.7 Expeditious Adjudication of Waivers  of  Inadmissibility.  

 

 

'The applicant’s qualifying family member  is a member of the military who is deployed or  will soon be deployed;

 

and

 

 The applicant demonstrates that, in light of the deployment there are compelling reasons to expedite the request due to  the impact of the applicant’s absence from the United States on  the applicant, the qualifying family member, or their children, if any'

 

 

This is exactly what your situation is , so that is why USCIS has assured you of expediating your waiver

[Boiler 45,294]

Waivers are obviously quicker but how long would be difficult to say.

 

Sounds like the waiver package has to be prepared that takes time.

[Cyberfx1024 7,980]

13 hours ago, Militaryguy said:

I was an e1 in 2011, i am now an e6. All my bonus pays trickled in over paychecks, not a lumpsum. Both children were born prior to enlistment so do not count as grounds for citizenship. 

 

I know you want to give the tough love speech to me and try to demean me by trying to be superior through ‘lectures’. My wife and I are extremely financially responsible, no debts, nothing expensive owned. If there was money, papers would have been filed and i wouldnt be here talking to you. 

I am not trying to demean you at all, I am just putting out what a fair number of people are thinking. You tried to put out that your still a Seamen Apprentice and I am guessing that your in the Navy based off of what some stuff you have said on here. I am coming to you as a brother and trying to have the tough but necessary talk with you. I am doing this talk with you because I know what's it's like being a E-1/2/3/4 without alot of money having to worry about putting food on the table, trust me I have been there done that and got the sea service ribbon/time for it. 

 

This is not going to be quick and that sucks overall. The biggest thing right now is the waiver, once you get the waiver you should be good to go.