I-130 Falsely denied (possibly)

[Crazy Cat 41,981]

Question for the experts-  Will he have to now apply for a spousal visa prior to the wavier, concurrently with the wavier, or after approval of the wavier?

[Boiler 45,666]

He said he did the spousal visa.

[Ben&Zian 4,398]

No originally he had done a K-1 visa. Then they married within the 90 day time frame but nothing was done after. So he may need to now also do spousal visa with the waiver.

[CEE53147 559]

https://www.uscis.gov/military/military-help-line

[Hypnos 6,576]

1 hour ago, Ben&Zian said:

No originally he had done a K-1 visa.

And then he said he filed an I-130.

 

Read the entire post. 

[Boiler 45,666]

47 minutes ago, Hypnos said:

And then he said he filed an I-130.

 

Read the entire post. 

Come on!

 

Be reasonable.

[kris&me 572]

you say the children are your biological children,  they have USC if the paperwork is done and this should have been done to get them to US to begin with

so, you only had to AOS for your wife / you didn't have to adjust for the kids 

not sure how you got them here if you didn't prove they were yours

[KCMO 84]

So sorry that you and your family is going through this . I can only imagine how hard it must be for you and your wife and kids to deal with all this. Us government should make it much easier for service members since you are giving your life for the country and have family to take care of. 

Still, dont worry. Follow the suggestions given in this forum also research online about waiver and consult an attorney if need be , in the end i feel strongly all of you will be together. Just file the required paper work and may have to wait few months before the process can complete. Good luck and my best wishes to you and your family.

Edited December 10, 2017 by KCMO

[Michael2017 368]

Well, I would hire a lawyer asap. A waiver should be done by pros. There is a also a big risk that such a waiver does not get approved if you don`t do it correctly, what would mean that your wife can`t enter the USA for 10 years. Waiver processing time is over a year now so you better make plans about your very near future. This is as serious as it can get and no DIY case anymore. You should have asked in this forum before leaving the States, but now it is too late. Any senior member here would have told you that she can`t go abroad. I am sorry to hear that and wish you best of luck, but please get professional help asap.

 

Maybe senior members here can recommend an experienced attorney that has a good track record with waivers? 

[geowrian 22,337]

Exactly as stated...after the 90 days of legal status, she was out of status. Although she was not a priority for deportation nor did it seem that the issue ever come up, she was accruing unlawful presence the entire time after the 90 days from entry since AOS was never filed. Once she left the US, that unlawful presence resulted in an automatic bar. An I-601 is needed to waive that bar for her. The children likely do not have a bar as they do not accrue any unlawful presence until they turn 18. While nothing USCIS (or anybody else) told you was wrong, it appears that everything you were told was incomplete...which is arguably just as bad. At the same time, there is some personal responsibility in knowing the consequences of taking an action (or not).

Edited December 10, 2017 by geowrian

[Militaryguy 2]

My children were born out of wedlock and i spent to much time out of the US to effectively transmit USC. The dumbest law ive ever heard of. My children have visas approved and can fly with me but my wife no matter what we do, will have to fly back to her home country since my orders and SOFA status end Dec 2017. I can not go with my wife since i have to checkin to my new command and deploy inmediately into theater and we do not want to risk the children losing their visas by not flying directly to the US either. My kids have never been apart from their mother and it tears me up not knowing when or even IF this waiver will be approved. I still have to find family to watch my children while i deploy for a year. Ive hired a great visa waiver attorney from DC and I hope he can make this easier for us. Thanks everyone for your knowledge, experience and expertise. Its truly an invaluable resource that otherwise wouldve never existed 20 years ago.

[Mollie09 1,543]

20 minutes ago, Militaryguy said:

My children were born out of wedlock and i spent to much time out of the US to effectively transmit USC. The dumbest law ive ever heard of. My children have visas approved and can fly with me but my wife no matter what we do, will have to fly back to her home country since my orders and SOFA status end Dec 2017. I can not go with my wife since i have to checkin to my new command and deploy inmediately into theater and we do not want to risk the children losing their visas by not flying directly to the US either. My kids have never been apart from their mother and it tears me up not knowing when or even IF this waiver will be approved. I still have to find family to watch my children while i deploy for a year. Ive hired a great visa waiver attorney from DC and I hope he can make this easier for us. Thanks everyone for your knowledge, experience and expertise. Its truly an invaluable resource that otherwise wouldve never existed 20 years ago.

 

Best of luck! It is a sucky situation all around.

[caliliving 606]

so you really thought you could just leave without any greerncard in hand and no reprocussions?? 

 you are in this situation bc she left the country. if she stayed u could have applied for her greencard. unfortuntely, you need to apply for the cr1 and waiver as well. good luck. 

[Militaryguy 2]

3 minutes ago, caliliving said:

so you really thought you could just leave without any greerncard in hand and no reprocussions?? 

 you are in this situation bc she left the country. if she stayed u could have applied for her greencard. unfortuntely, you need to apply for the cr1 and waiver as well. good luck. 

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. 

[NikLR 13,227]

Expedited normally means a month or two.