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finally my wife has an interview,but what to do

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

Hello fellow VJ memebers,My wife and I finally have an interview for June 28th, 2010 at 7:15 am. THe problem is that I won't be able to join her to the first interview in Guayquil ecuador because i'm prohibited to enter the country for 9 months due to the fact that I overstyaed my 90 day visa while getting married.I'm not sure what to do, because i definetly don't want the visa to be refused due to the lack of me not being there. i want to know for instance if we decide to go through with the interview on June 28th without me being their becuase i can't enter the country until 9 months becuase i overstayed my visa,say we go through with the interview and they denied her the visa because of my absent,surly i've read all the reviews of guayaquil and it seems certain that they will deny the visa,even though we have tons of proof for gods sake i had to stay there for 75 consecutive days just to marry becuase they change the law for an american marrying an ecuadorina,and i stood becuase how much i loved her,now they can deny her if im not present,its totally bull#**#,what are the next steps for me to try to set up another appointment for august,can i do that right away or can my wife do it while she is there at her interview,for instance if the deny the visa,can she appeal the case and explain to them that i will be in ecuador for the month of august,so what can i do if they deny her the case,what are the steps. please help.what do u think,what should i do. thank u. Will i be able to get a quick appoinment for august,if they deny her,or do i have to wait a long time.please help.I need to know because guayquil is getting me crazy with all its rules and they dont have the kindness to lets know we have to be there they just will lie to us in front of our faces.so hopefully someone can help me.hopefully god is with us.

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Filed: Citizen (apr) Country: Colombia
Timeline

There are many beneficiaries who go to the interview without their SO's to the interview and still get approved. The only reason why a CO would want you to go to a second interview with your wife would be if he/she needs to get specific answers from you or wants to make sure you have a legitimate marriage. If for some reason they ask you to go she needs to tell them your situation and they should understand. If not, they will simply put her case on hold until you can go to the interview with her, but that's a worst case scenario. I think that as long as she brings as much evidence of your relationship as possible, she should be fine.

Good luck!

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: Other Country: China
Timeline

Hello fellow VJ memebers,My wife and I finally have an interview for June 28th, 2010 at 7:15 am. THe problem is that I won't be able to join her to the first interview in Guayquil ecuador because i'm prohibited to enter the country for 9 months due to the fact that I overstyaed my 90 day visa while getting married.I'm not sure what to do, because i definetly don't want the visa to be refused due to the lack of me not being there. i want to know for instance if we decide to go through with the interview on June 28th without me being their becuase i can't enter the country until 9 months becuase i overstayed my visa,say we go through with the interview and they denied her the visa because of my absent,surly i've read all the reviews of guayaquil and it seems certain that they will deny the visa,even though we have tons of proof for gods sake i had to stay there for 75 consecutive days just to marry becuase they change the law for an american marrying an ecuadorina,and i stood becuase how much i loved her,now they can deny her if im not present,its totally bull#**#,what are the next steps for me to try to set up another appointment for august,can i do that right away or can my wife do it while she is there at her interview,for instance if the deny the visa,can she appeal the case and explain to them that i will be in ecuador for the month of august,so what can i do if they deny her the case,what are the steps. please help.what do u think,what should i do. thank u. Will i be able to get a quick appoinment for august,if they deny her,or do i have to wait a long time.please help.I need to know because guayquil is getting me crazy with all its rules and they dont have the kindness to lets know we have to be there they just will lie to us in front of our faces.so hopefully someone can help me.hopefully god is with us.

I would write a letter carefully explaining that you wish you could be there but cannot because you overstayed your allowed time in Ecuador in order to accomplish the marriage. Add a comprehensive evolution of your relationship, make sure your wife is prepared for the interview and hope for the best.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Country: Brazil
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You can always *ask* for a new date when you're in the period of time that you can attend, and request an extension to that time. It may or may not be granted.

How much of a delay would it need to be? Two months? Three? More? You can probably get an interview delay of 2-3 months without problems, if you explain the circumstances.

I-129F Petition Mailed: 26 Oct 2009 ♥ NOA1: 27 Oct 2009 ♥ NOA2: 15 Jan 2010

K-1 VisaNVC: 22-27 Jan 2010 ♥ RdJ receipt: 1 Feb 2010 ♥ Packet 3/4: 12 Feb 2010 ♥ Interview: 4 May 2010

»-(¯`·.·´¯)-> Married (17 Aug 2010) <-(¯`·.·´¯)-«

AOS (I-485)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ To CSC: 20 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ RFE: 10 -16 Nov 2010 ♥ Approved: 18 Nov 2010

AP (I-131)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Approved: 20 Oct 2010

EAD (I-765)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ Approved: 20 Oct 2010

ROC (I-751)Mailed: 6 Nov 2012 ♥ NOA: 7 Nov 2012 ♥ Biometrics: 5 Dec 2012 ♥ Approved: 15 May 2013

Naturalization (N-400)Mailed: 03 August 2015 ♥ NOA: 07 August 2015 ♥ Biometrics: 3 Sept 2015 ♥ Interview: 13 Nov 2015 ♥ Oath: 8 Dec '15

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Filed: Country:
Timeline

There are many beneficiaries who go to the interview without their SO's to the interview and still get approved. The only reason why a CO would want you to go to a second interview with your wife would be if he/she needs to get specific answers from you or wants to make sure you have a legitimate marriage. If for some reason they ask you to go she needs to tell them your situation and they should understand. If not, they will simply put her case on hold until you can go to the interview with her, but that's a worst case scenario. I think that as long as she brings as much evidence of your relationship as possible, she should be fine.

Good luck!

Diana

If you look at the reviews for Guayaquil, the consulate in recent years never gives visas no matter how much evidence there is unless the USC is present at the interview, and even when present there is no guarantee. I would wait for Tbonex to respond, maybe send him a pm.

I don't know if the consulate will look down on the fact that Ecuadorian laws were broken, so I would do some research before proceeding. It might be a good idea to email the consulate in Guayaquil and explain the situation. When they respond (I have emailed them many times and have never waited more than two days for a response) save the email and have your wife bring it to the interview as evidence that you tried to do everything to be at the interview.

Another option could be trying and getting some type of visa to Ecuador (not tourist). Call the Ecuadorian consulate in Washington DC (they answer in Spanish but ask to speak in English) and maybe they can help solve the problem through some type of official visa because of your marriage. It might cost a couple of hundred dollars, but should be well worth the money. As the spouse of an Ecuadorian citizen, you are eligible for a number of visas, including residency and even citizenship. I do not know how your overstay will affect your ability to get a visa, but its worth spending five minutes trying to figure out if there are any options.

Perhaps your wife could contact a lawyer in Ecuador to provide options, although it could get expensive.

One thing that I don't understand is why you did not either apply for an extension to your tourist visa in Quito (should have been easy considering your marriage).

Again, I imagine Tbone will have much better ideas.

I will probably run into a similar situation because of work. I am starting a new job and am not sure if they will give me a couple of days to go to the interview. Oh well, I'd rather lose the job than not be with my wife.

Edited by Indy90
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Filed: Citizen (apr) Country: Ecuador
Timeline
You can always *ask* for a new date when you're in the period of time that you can attend, and request an extension to that time.
This is what I had recommended to the OP by PM earlier -- call the rip-off $12 PIN line and ask to be rescheduled later, for August. Some of the advice from others here is reasonable, but second-to-best in comparison with the above. The absolute worst suggestion is to allow the beneficiary to attend the interview alone "just in case she passes." Again, the OP & I went over this thoroughly, by PM, before he posted the same questions publicly. Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Country:
Timeline

This is what I had recommended to the OP by PM earlier -- call the rip-off $12 PIN line and ask to be rescheduled later, for August. Some of the advice from others here is reasonable, but second-to-best in comparison with the above. The absolute worst suggestion is to allow the beneficiary to attend the interview alone "just in case she passes." Again, the OP & I went over this thoroughly, by PM, before he posted the same questions publicly.

If he just has to wait until August, that does sound like the best advice. I would still call the Ecuadorian consulate in Ecuador just to make sure that he actually will be able to enter the country without any problems and maybe request a letter from them. I used to have a permanent visa to Ecuador but let it expire a couple of years ago. Since I travel to Ecuador frequently on a tourist visa (never staying more than 90 days per year) I frequently get told that I need to get a permanent visa because I am married to an Ecuadorian and make so many trips. Sure, according to Ecuadorian law, I am not doing anything wrong. However, it would not be very cool if he got there and was deported or made to pay a large fine because he had to do something to undue his ban. Of course it is possible that he has already talked with Ecuadorian authorities.

I also would try and avoid telling the CO at the interview.

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