601 waiver for spouse of American Citizen

[Corey Melker 0]

Hello,

I have just recently started using these forums to bring attention to my website, www.helpunitemyfamily.com. On there, I have the full story that involves myself, a US citizen, two children (also US citizens), and a Mexican mother. We were engaged when we started the visa/immigration process. We were denied the visa and allowed to apply for the 601 waiver. We did last September and have not heard anything yet. We have spent much money on a lawyer, doctors, and phsycotherapists for evaluations on the children that show an extreme hardship. When we filed the waiver, the consulate allowed us to file it under INA Sec. 212(a)(9)(B)(v). I was informed that the chance of the waiver getting approved under this is extremely low because there were no qualifying relatives.

Since then, I got married to my fiance in Mexico after discussing possible outcomes and all with my attorney. We were married last week. My lawyer thinks that now we will be able to convert the I-129f into the 130 without having to go through additional processing times. I have heard repeadetly that I have been misled. Even if this is the case, what options are there for my family and I now?

Please check out my story on the website and get back to me.

Thanks,

Corey

[Sand 5]

Checking the site and i will be back

[Minya's wife 25]

Hello,

I have just recently started using these forums to bring attention to my website, www.helpunitemyfamily.com. On there, I have the full story that involves myself, a US citizen, two children (also US citizens), and a Mexican mother. We were engaged when we started the visa/immigration process. We were denied the visa and allowed to apply for the 601 waiver. We did last September and have not heard anything yet. We have spent much money on a lawyer, doctors, and phsycotherapists for evaluations on the children that show an extreme hardship. When we filed the waiver, the consulate allowed us to file it under INA Sec. 212(a)(9)( B) (v). I was informed that the chance of the waiver getting approved under this is extremely low because there were no qualifying relatives.

Since then, I got married to my fiance in Mexico after discussing possible outcomes and all with my attorney. We were married last week. My lawyer thinks that now we will be able to convert the I-129f into the 130 without having to go through additional processing times. I have heard repeadetly that I have been misled. Even if this is the case, what options are there for my family and I now? You have been very misled...did you attorney tell you this? The I-129F is a FIANCE visa...any processing action that resulted from it...i.e your current situation necessitating the waiver was due to your original petition. Just because you married now, and she is no longer your fiancee but your wife, it does not mean that the I-129F can be 'converted'. You must start all over now and file for the Spousal visa, the I-130 and wait out the approval from USCIS and then the Consulate....but given that your fiancee visa was denied based on overstay, I fear your result will be the same, a visa denial based on beneficiary ineligibility.

Please check out my story on the website and get back to me.

I read your story on the website. I'm very sorry you're going through this he**! You may want to contact KitKat, a member here. She is very knowledgable regarding waivers and the process as it may apply to Mexico. Also, if you haven't already done so, please look at the forum here on waivers as there is very valuable information there. The letter that accompanies your request for a waiver must be very well written in order for there to be a chance of approval. Wording is very important!

Unfortunately, the crux of your problem lies in the fact that your wife's "overstay" in the US was for a duration longer than 365 days. This type of overstay automatically garners a 10 year ban, and unless a waiver for this ban is approved, your fiance/wife will be denied any kind of visa. The consulate can and will take the position that because your wife is ineligible for an immigrant visa to the US, and you cannot prove hardship enough to be granted a waiver, they will not issue such visa. As far as they are concerned, you as the US citizen can move to Mexico and be together with your family that way....or even move to a third country. It is callous, this attitude, but the Consulate's job is to verify that the visa recipient is eligible to receive the benefits conferred on them upon the granting of the visa. Any ancillary circumstances (such as subsequent marriage, or even the birth of 2 USC children to you) do not figure into the equation, as far as they are concerned. The burden of proof is always on the petitioner and beneficiary, to prove to the consulate's satisfaction your case.

I'm not sure what the specialty of your attorney is....but you may want to look into hiring an attorney that has experience and/or specializes in such waivers. If your attorney advised you that the I-129F can be converted into an I-130 if you marry, and that this way you would not have to go through additional processing times.....he/she does not sound very knoledgable on basic immigration law. Please look up your state's Bar Association, and get a referral for a qualified immigration attorney....with the specialties I stated above. You need good legal advice at this stage!

Good luck!

-P

Edited July 28, 2007 by Paula&Minya

[kitkat1 5]

I read your story on the website. I'm very sorry you're going through this he**! You may want to contact KitKat, a member here. She is very knowledgable regarding waivers and the process as it may apply to Mexico.

Thanks for that P

The problem is that I have already given this guy a ton of advice on immigrate2us and he is NOT at all interested in listening or learning. Even if he was, it's too late.

His story is identical to thousands of others. But it appears he did no research and his attorney is a complete idiot. They were WEEKS away from a decison on their waiver (in Mexico waiver approval rates are very high) and the attorney suddenly decided that Fiances are not eligible to file waivers and that they would never be approved. Apparently he never questioned this -- even though he submitted a waiver so it was clear Fiances can file waivers and that he was indeed the qualifying relative.

The lawyer told them to get married and they did. And now they are screwed. Even if the waiver is approved, there is no longer a Fiance and there is no approved spousal visa petition. They will have to start from the beginning again. That means after petition processing, 12+ months wait for an interview in Mexico. He and his lawyer believe they can "change the consulate's mind" about the visa type and make an exception.

Normally I am extremely sympathetic to these situations but this story really rubs me the wrong way. His website asks for donations to pay the legal fees -- when all he needs is $125 for a consult with a qualifed, experienced attorney. Several referrals were given to him but he decided that was just "advertising". It appears they lied on the forms about her illegal entries. His website is filled with personal information - names, addresses, case numbers, etc. (which is just unbelievably stupid IMO) and has links to the white house so people can protest on his behalf - as if an email to the white house will make a difference here.

If he had done his research in the very beginning -- spent a few hours searching on line or had a few phone consulations with immigration lawyers, things would be much different. And if his attiude was a bit nicer, I might have more sympathy. But there are thousands and thousands of people in this situation, going through this process to legalize their fiances/spouses - there's nothing special about his story (except that his lawyer needs to be reported to the Bar)

[Minya's wife 25]

Thanks Kitkat for clearing that up. I didn't delve that deeply into the website, just read the personal story...but saw that they made a HUGE mistake in getting married at the stage they were in. And to hear that they were advised to do this by their attorney is even worse IMO! Ufortunately, some people still feel that the advice they receive from an attorney is more legitimate than what they receive from a forum such as this one, or other immigration related ones. Kinda makes me question....then why come and post your situation if you're just going to disregard the advice given to you and go and make a bigger mess of things.

They're in for a very big awakening when the consulate rejects their "application to convert the fiance visa to the spousal one" (as if such a thing even existed!). They won't be able to get a waiver for "my lawyer's is an idiot and advised me to do this".

That's just sad.

-P

[Corey Melker 0]

I read your story on the website. I'm very sorry you're going through this he**! You may want to contact KitKat, a member here. She is very knowledgable regarding waivers and the process as it may apply to Mexico.

Thanks for that P

The problem is that I have already given this guy a ton of advice on immigrate2us and he is NOT at all interested in listening or learning. Even if he was, it's too late.

His story is identical to thousands of others. But it appears he did no research and his attorney is a complete idiot. They were WEEKS away from a decison on their waiver (in Mexico waiver approval rates are very high) and the attorney suddenly decided that Fiances are not eligible to file waivers and that they would never be approved. Apparently he never questioned this -- even though he submitted a waiver so it was clear Fiances can file waivers and that he was indeed the qualifying relative.

The lawyer told them to get married and they did. And now they are screwed. Even if the waiver is approved, there is no longer a Fiance and there is no approved spousal visa petition. They will have to start from the beginning again. That means after petition processing, 12+ months wait for an interview in Mexico. He and his lawyer believe they can "change the consulate's mind" about the visa type and make an exception.

Normally I am extremely sympathetic to these situations but this story really rubs me the wrong way. His website asks for donations to pay the legal fees -- when all he needs is $125 for a consult with a qualifed, experienced attorney. Several referrals were given to him but he decided that was just "advertising". It appears they lied on the forms about her illegal entries. His website is filled with personal information - names, addresses, case numbers, etc. (which is just unbelievably stupid IMO) and has links to the white house so people can protest on his behalf - as if an email to the white house will make a difference here.

If he had done his research in the very beginning -- spent a few hours searching on line or had a few phone consulations with immigration lawyers, things would be much different. And if his attiude was a bit nicer, I might have more sympathy. But there are thousands and thousands of people in this situation, going through this process to legalize their fiances/spouses - there's nothing special about his story (except that his lawyer needs to be reported to the Bar)

Wow Kit...

I apologize that I am not as knowledgeable as you are on these matters. I think it is very inappropriate for you to sit there and attack me for not knowing though. That is stupid. Sure I made mistakes and did not know what I was doing at points, but I am already at a certain point and cannot go back. You sitting there and doing the "I told you so" really isn't helping too much of anything. As far as the "Ton of Advice" you have already given me, you told me to contact Laurel Scott. I do not see that as a "Ton of Advice". I have repeatedly told you I cannot afford to, so saying that I do not want to listen, and have a bad attitude because I have not done this is really kind of a low blow because you do not know my family's financial situation. And as far as not doing the research in the beginning, nobody, nobody, hinted that we needed to do anything that was different from the what the forms told us. They made no mention of needing an immigration attorney.

[kitkat1 5]

Corey, as you know, I posted tons of information for you on I2us -- clarifying the law, correcting your lawyer's errors and telling you straight up the true facts in your case. Your response was that you trusted your attorney and you assumed I2us was a site for advertising for Laurel Scott. Strange, strange response.

Given the depth of problems with your case due to your incompetent attorney, you clearly need a consult with someone qualified. Since Laurel Scott offers two options - phone and email -- and she has a payment plan, I can't fathom that you cannot find a way to scrape the money together or put it on a credit card. She is just about the only lawyer who *might* be able to offer some way for you on how to get out of the mess your attorney made. It's not about your financial situation - it's about your outright refusal to seek competent help. I find it to be incredibly shocking given the clear result of inaction on your part at this point.

True, nobody said you needed an attorney. But common sense would tell you right off the bat that someone who entered the country illegally is not exactly going to have the same process as those who are in the country legally. And since the internet available for information, I find it incredibly hard to imagine that it never, never occured to do you do a little research. You clearly put plenty of time into developing your website - it's not like you don't know how to navigate the internet. So it's not that you have to apologize for not being knowledgable - we all started with zero information -- it's that you need to open your eyes to the truth of your situation and do everything in your power to correct it before it's too late. And I just cannot seem to get that point across to you no matter how hard I try.