Significant progress but new complications

[sidmando 15]

1 minute ago, Family said:

So what you can see is the top of your page and box checked IS for the 3rd item on link sent you , THUS clearly not removed for fraud! 
Great ! 
 

Now for the awesomeness that @Boiler’

is, you still Can’t Know For Certain UNTIL she gets there! 
 

They may ( and have ) allowed approval without issue OR they MAY refuse under fraud misrep ..

 

So what would be your advice? It seems to me that if we go to the interview before the bar has expired (and without a waiver) we're certain to be denied.

But you and Boiler are saying that even if we wait out the 5 years we still might get denied.

So does that mean you recommend applying for a waiver before going to the interview, no matter how long the waiver takes? And can you tell from the info I provided which type of waiver I would need?

[Family 4,175]

I think you need to make a decision you can live with…as either option is just a strategic move . 
I can appreciate both @pushbrk position to wait and hope for the best , clean and simple one interview.

 

And @Boiler suggestion to pull off the band aid , go to interview. Refusal for 5 year only will say do I-212 or wait out ban…

If nothing else , you wait out and schedule another interview in 2023 

BUT if you need I-601 then you have a head start.

 

What do you think is best for YOU?

 

 

[sidmando 15]

12 hours ago, Family said:

I think you need to make a decision you can live with…as either option is just a strategic move . 
I can appreciate both @pushbrk position to wait and hope for the best , clean and simple one interview.

 

And @Boiler suggestion to pull off the band aid , go to interview. Refusal for 5 year only will say do I-212 or wait out ban…

If nothing else , you wait out and schedule another interview in 2023 

BUT if you need I-601 then you have a head start.

 

What do you think is best for YOU?

 

 

First off, thank you so much for taking the time to analyze this situation in such detail. I am starting to understand the reason for the differences of opinions among those who have commented. And FYI I have scheduled a consultation with an immigration attorney for this coming week. I agree that the DYI approach is not the right way to get this process completed as soon as possible. And my parents (who are both in their 80s and cannot travel to Peru) have yet to meet their first and only grandchild, so time is of the essence.

So, to clarify, if we go to the interview before the bar has expired there is no possibility that the application will be flat out denied on the basis of the bar? In other words, they will either tell us to wait out the bar OR apply for a waiver, but there is no possibility that they will simply deny our application without any further path forward to getting the visa? Is that correct?

[Family 4,175]

3 hours ago, sidmando said:

First off, thank you so much for taking the time to analyze this situation in such detail. I am starting to understand the reason for the differences of opinions among those who have commented. And FYI I have scheduled a consultation with an immigration attorney for this coming week. I agree that the DYI approach is not the right way to get this process completed as soon as possible. And my parents (who are both in their 80s and cannot travel to Peru) have yet to meet their first and only grandchild, so time is of the essence.

So, to clarify, if we go to the interview before the bar has expired there is no possibility that the application will be flat out denied on the basis of the bar? In other words, they will either tell us to wait out the bar OR apply for a waiver, but there is no possibility that they will simply deny our application without any further path forward to getting the visa? Is that correct?

Your question about “application “ is I believe about the I-130.

That I-130 does not get canceled out or denied when a Visa Refusal Letter with inadmissibility is issued. The I-130 stands approved and you just go about either waiting ( on 5;year issue) or overcoming ( w I-601 misrep).:…

 

 

I took a moment to find your old posts so I don’t have to ask you many questions.One remains, what kind of self-employed work are you in?

 

It seems you are not living in the US and have yourself lived in Peru for a few years (6 or so) with wife, stepdaughter and your newborn. 

I also read that you did consult immigration attorneys regarding your wife’s case , so kudos to you ! You actually do “ get it” …but keep looking for reassurance that you have chosen the right path…or your circumstances have changed ( parents age/health/ new baby…) and know you are in more of a rush. 
 

Path you chose, being that since you live in Peru  and you, yourself did NOT have immediate need/  solid plans to return to the US…maybe immigration attorneys you consulted told you arguing your hardship would be challenging since you ( the USC) seemed to be managing just fine in Peru , thus not separated from your wife..( again just guessing here) and you can easily just wait out the 5 years. 

 

So gathering all the bits and pieces ( from your multiple posts)…I say go to the interview if now you are rushed , just so you can prepare for Worst Case Scenario of an I-601. 


You can this time to begin some preparation AND be ready with finger on the trigger for an I-601 IF NEEDED. 

1. Talk to a few attorneys and get their checklist / pricing for I-601 ..you don’t have pay retainer until wife goes to interview and there is a Fraud/ misrep finding 
 

2. Begin to take steps to re-establish your “ paper “ life and hardship evidence in the US.. base can be parents home since yours is rented out.. AND put together evidence need for a possible I-601: so work stuff, file taxes for 2022, take trip(s) to visit/ care for them, update your drivers license to their address, get copies of parents medical records, get yourself added to parents car insurance, if you have any medical issues do a few visits to doctors when you are in US…a few months before her interview see a therapist if you are getting overwhelmed by the dreaded thoughts of being separated from your family….lots more but beyond the scope…just get as much possible done . 

****REMEMBER , this may not be needed at ALL , but if it is , you will BE READY *****
 

 

 

 

 

 

 

 

 

[Family 4,175]

Please tell me if you actually read the CBP FOIA of the Q& A between CBP and your wife?
They were mildly sarcastic when they said “ she left out…” that she worked at La Bamba and looked for a cleaning job,,,,

If you don’t have the FOIA, just ask your wife HOW they knew such details? 
 

[Boiler 46,000]

43 minutes ago, Family said:

Please tell me if you actually read the CBP FOIA of the Q& A between CBP and your wife?
They were mildly sarcastic when they said “ she left out…” that she worked at La Bamba and looked for a cleaning job,,,,

If you don’t have the FOIA, just ask your wife HOW they knew such details? 
 

Who else could have told them but her?

[Family 4,175]

5 minutes ago, Boiler said:

Who else could have told them but her?

I was hoping for more specific HOW s: how long was she detained? was phone taken / searched / and password given willingly ? What questions led to the presumption/ search? What kind of questions were asked….lol! 

[sidmando 15]

3 hours ago, Family said:

Please tell me if you actually read the CBP FOIA of the Q& A between CBP and your wife?
They were mildly sarcastic when they said “ she left out…” that she worked at La Bamba and looked for a cleaning job,,,,

If you don’t have the FOIA, just ask your wife HOW they knew such details? 
 

Yes, I have read the FOIA report, including the transcript of her questioning. In that transcript she did mention her work as a waitress, so I'm not sure what they're referring to when they said "she left out..." The questioning was straightforward, and her answers were honest. She did not withhold any information.

Reading through the entire FOIA report, I have a hard time imagining how anyone could construe what she did as fraud or misrepresentation. I am including screenshots of the relevant part of the interview. The only thing I can see that the "she left out..." might refer to is that the first time they asked her about what kind of work she did she didn't mention the waitress job, but shortly thereafter she did mention it.

Returning to the question of how we should proceed, I appreciate the clarification about the difference between the application being denied and the visa being refused. I didn't understand that previously, and that's why I thought it was risky to go ahead with the interview ASAP. So based on what you've told me, I don't see any harm in going to the interview as soon as we are able to. I would imagine that it is 100% certain that the visa won't be approved since the 5 year bar hasn't elapsed yet, but now I understand the usefulness of the interview in terms of understanding what needs to be done in order to finally overcome the refusal. It seems to me there are two possible outcomes of the interview. 1) They just advise us to wait out the 5 years, or 2) They tell us an I-601 is needed.

Would you agree that those are the only possible outcomes of an interview prior to the end of the 5 years?
 

[sidmando 15]

4 hours ago, Family said:

I took a moment to find your old posts so I don’t have to ask you many questions.One remains, what kind of self-employed work are you in?

 

It seems you are not living in the US and have yourself lived in Peru for a few years (6 or so) with wife, stepdaughter and your newborn.

 

Regarding my self-employment, I am a professional musician and also ran a vintage musical instruments store (sales/repairs/lessons) in Knoxville, TN for about 8 years prior to moving to Peru. My entire inventory is currently in storage, and I intend to reopen the business and run it on an online and by-appointment basis out of my home (previously I had a storefront) once we move back to the states.

And, yes, I have been living in Peru for nearly 4 years.