belinda63

Problem I see is people try to read too much into the questions or try to find out too much. Sometimes information is needed to provide a correct answer....but.....sometimes people just go off in a way that is not related to the questions. For example, if a person asked how to obtain a divorce one should not respond with criticism of them divorcing or that they need to work on the marriage.

Problem I see is people try to read too much into the questions or try to find out too much. Sometimes information is needed to provide a correct answer....but.....sometimes people just go off in a way that is not related to the questions. For example, if a person asked how to obtain a divorce one should not respond with criticism of them divorcing or that they need to work on the marriage.

Problem I see is people try to read too much into the questions or try to find out too much. Sometimes information is needed to provide a correct answer....but.....sometimes people just go off in a way that is not related to the questions. For example, if a person asked how to obtain a divorce one should not respond with criticism of them divorcing or that they need to work on the marriage.

Best thing to do is cancel the K-1. There is no point in apply for an immigrant visa or non-immigrant visa with intent to immigrate if you don't plan on living in the US.
When and if you decide to move to the US the cancelled K-1 will have no affect on a new visa. You might be asked about it but the explanation you just gave is good enough.

I read your post on immigrate2us but I am not a member there so I will post here. First an appeal to a Court is based upon facts and issues of law, not emotional appeal. The court doesn't give a hoot about how much it would hurt your family if your father was deported, all they care about is if the law was followed. In this case it sounds like it was, a felony DV is an automatic deportation.
Unless your attorney can pull something out of his rear in the next few hours, such as a motion to reopen, I am pretty sure your dad will be on a plane. His appeal was denied, his case won't be heard by the Supreme Court, so there is no avenue left. ]
Sounds like the attorney is asking you to write hardship letters to prepare for filing the I-130, I-601, and I-212 to see if your father can return to the US. Highly unlikely but attorneys are paid to try, there are no guarantees. And most will promise you the moon and stars to get your money then say "sorry" when they fail. With a felony DV conviction his chances of getting a waiver approved are very small.
Remember the hardship letter is all about how your mother will suffer if your father is not permitted to return to the U.S. and how the two of them cannot live together in another country. Obviously they don't care about the hardships your father might suffer or they wouldn't be deporting him. The problem is your mother lived for years without your father and there is no reason she can't return to her home country.
All I can say is good luck and god bless. Maybe your attorney can pull something out of his woo-woo and keep your father here.

I read your post on immigrate2us but I am not a member there so I will post here. First an appeal to a Court is based upon facts and issues of law, not emotional appeal. The court doesn't give a hoot about how much it would hurt your family if your father was deported, all they care about is if the law was followed. In this case it sounds like it was, a felony DV is an automatic deportation.
Unless your attorney can pull something out of his rear in the next few hours, such as a motion to reopen, I am pretty sure your dad will be on a plane. His appeal was denied, his case won't be heard by the Supreme Court, so there is no avenue left. ]
Sounds like the attorney is asking you to write hardship letters to prepare for filing the I-130, I-601, and I-212 to see if your father can return to the US. Highly unlikely but attorneys are paid to try, there are no guarantees. And most will promise you the moon and stars to get your money then say "sorry" when they fail. With a felony DV conviction his chances of getting a waiver approved are very small.
Remember the hardship letter is all about how your mother will suffer if your father is not permitted to return to the U.S. and how the two of them cannot live together in another country. Obviously they don't care about the hardships your father might suffer or they wouldn't be deporting him. The problem is your mother lived for years without your father and there is no reason she can't return to her home country.
All I can say is good luck and god bless. Maybe your attorney can pull something out of his woo-woo and keep your father here.

You can marry anytime, anywhere you want. You can't file for her to immigrate to the U.S. until you are either a LPR or a U.S. citizen.

You've just established that he has no legal right to take the child out of the country with this statement if he is indeed the uncle and not the real father. The question that blinks in red now is... Why would he try to get you to petition for this child unless it was his own child?

Anyway, you say the attorney is going to ask the COA to reconsider their ruling. Chance are slim to none, all it will do is keep dad in jail longer while he waits for an answer. Chances of getting this before the Supreme Court are zero.
As to writing representatives since this is an immigration matter you would want to write to the Federal Government people, not the city or state.
You do know that although the I-130 was denied she could have always filed again. If the issues with the first denial were addressed, which I assume were he needed a waiver or the waiver was denied, it is possible to get it approved. Although now he will have to complete the process overseas with both waivers required.
As to re-opening the criminal case that won't happen. It was 15 years ago, the time limit to re-open it is long past unless, in some states, new and compelling evidence which was not available previously has been discovered. So the conviction is a done deal.

If she has a misrepresentation charge on her marrying her will not make it go away.
Hardship shows why you must have her living with you in the U.S. and why you cannot got live with her in any other country. Simply choosing to marry someone from another country does not create a hardship for waiver purposes, that was a choice you made.

Scam. The background checks have been completed if the visa was issued. No reason for the FBI to be concerned, if they were they would just cancel the visa or catch him at customs. Why leave a note on a door giving him warning they are looking for him? Contact the real FBI and report it.

There will be no appeal since she was denied three years ago and he withdrew the I-864 (sounds like). After three years she comes asking what to do? You can work on getting back with your spouse and hope you can convince the interviewing officer you are really married this time since you failed to do so last time or you can leave the U.S.

As a sibling a hardship waiver is not available. She will be scheduled for an interview when her priority date is current in whatever country you list (usually her home country). As soon as she exits the U.S. she will have a 10 year ban from returning. No sibling waiver is available.
Is there a U.S. citizen parent or a U.S. citizen child 21 or older who could petition for her?

As a sibling a hardship waiver is not available. She will be scheduled for an interview when her priority date is current in whatever country you list (usually her home country). As soon as she exits the U.S. she will have a 10 year ban from returning. No sibling waiver is available.
Is there a U.S. citizen parent or a U.S. citizen child 21 or older who could petition for her?

Let me start the story for you.
You came to the US on a K-1 visa. You married the petitioner within 90 days of arrival. You filed to adjust status. You failed the interview due to you and your spouse giving different answers to the same question. I assume this was a Stokes interview where you were separated and questioned individually. So there must have been some suspicion as to the authenticity of your relationship prior to the interview.
After you failed the interview your spouse withdrew the affidavit of support and your AOS was denied.
You and your spouse have lived apart for the past three or so years with little to no contact. Now you suddenly, three years later, want to reconcile with him so you can get a green card.
How have you survived for the past three years in the U.S. out of status? Have you worked? Have you presented yourself as a U.S. citizen?
Have you spoken to your spouse recently? Has he indicated he would like to reconcile?
Why haven't you gone back home in the past three years since your green card was denied?

I think the easiest way to get a green card for you is to leave the country, get divorced and marry again and try again on a fresh application with a new husband.
Because no matter what you do with your earlier husband you will have roadblocks like:
- failed interview
- petitioner withdrew application (major flaw)
- failed to self deport after interview rejection
More than likely you're just wasting time and money trying to repair an already hopeless situation which won't get you a green card because the immigration officers are not stupid. They will look at your past.. why do you think they take your fingerprints and ask so many questions on the forms?
But I'm not trying to be mean, just objective so best of luck to you.

There will be no appeal since she was denied three years ago and he withdrew the I-864 (sounds like). After three years she comes asking what to do? You can work on getting back with your spouse and hope you can convince the interviewing officer you are really married this time since you failed to do so last time or you can leave the U.S.

As a sibling a hardship waiver is not available. She will be scheduled for an interview when her priority date is current in whatever country you list (usually her home country). As soon as she exits the U.S. she will have a 10 year ban from returning. No sibling waiver is available.
Is there a U.S. citizen parent or a U.S. citizen child 21 or older who could petition for her?

There will be no appeal since she was denied three years ago and he withdrew the I-864 (sounds like). After three years she comes asking what to do? You can work on getting back with your spouse and hope you can convince the interviewing officer you are really married this time since you failed to do so last time or you can leave the U.S.

As a sibling a hardship waiver is not available. She will be scheduled for an interview when her priority date is current in whatever country you list (usually her home country). As soon as she exits the U.S. she will have a 10 year ban from returning. No sibling waiver is available.
Is there a U.S. citizen parent or a U.S. citizen child 21 or older who could petition for her?

There will be no appeal since she was denied three years ago and he withdrew the I-864 (sounds like). After three years she comes asking what to do? You can work on getting back with your spouse and hope you can convince the interviewing officer you are really married this time since you failed to do so last time or you can leave the U.S.

Sounds like you're more about the green card rather than the marriage. Marriage first, than worry about the green card. Where are you living? How are you surviving? Are you certain that you're still married? Is he in contact with you?

He can file to remove conditions 90 days (not three months) prior to 4-17-17. He can file for citizenship (provided he is still married to you) 90 days prior to 4-17-18.

Scam. The background checks have been completed if the visa was issued. No reason for the FBI to be concerned, if they were they would just cancel the visa or catch him at customs. Why leave a note on a door giving him warning they are looking for him? Contact the real FBI and report it.

Scam. The background checks have been completed if the visa was issued. No reason for the FBI to be concerned, if they were they would just cancel the visa or catch him at customs. Why leave a note on a door giving him warning they are looking for him? Contact the real FBI and report it.