Waiting 18 Months

[Medical Student 1]

I am wondering if anyone can offer me any advice for our situation. I met my fiancée while I was studying in Mexico in 2008. She, her daughter, and I began living together that summer. At the end of 2010, I returned to Texas. They both had tourist visas and we decided that they would come with me. Each time they entered the country, they were given 6-month permits; therefore, they returned to Mexico for several weeks each time their 6-month time limit was approaching. My fiancée was married and separated a long time ago in Mexico but never attempted to get a divorce until 2008 after she met me; this is the reason why we had not married yet. Things take a long time in Mexico to get done, so her divorce became final in late 2011. We then obtained a marriage license to be married in January of 2012.

When my fiancée and stepdaughter came to Texas, we enrolled her in high school, not knowing that this was not allowed with her tourist visa. In fact, when she was processed at the center for foreign students, they required her passport, visa, and permit and never said that this was illegal. However, on their last trip to return to the US in January of 2012, several days before our scheduled wedding, agents saw my daughter's textbooks and asked if she was attending school in the US. When she said yes, they told her that it was illegal for her to attend school on a tourist visa and canceled their visas. When my fiancée asked how it can be illegal if the school district enrolled her having all her documents, the agent responded that the educational system does not know the law. It appears that there are conflicting laws, where the schools are not allowed to tell any student that he or she is illegal and that, by law, they must enroll all students, even if illegal.

Subsequently, I filed for a fiancée visa in March of 2012. They did not receive their interview until January of this year. After this interview, they were told that they needed my birth certificate, which was frustrating because this was already provided with my original petition. After receiving the certificate, they were then told that they needed to file form I-601A to ask for forgiveness for having my stepdaughter attend school. We did this 5 months ago and still have not received any word. When we call, they have no information to give; they do not even have any documentation that the form had been received because they always ask if we have submitted the form. They just say that we need to wait. I find it interesting that the check for $1170 was cashed a few days after we mailed it but they cannot tell us if the document was received.

Not only is the separation from my family frustrating, what is even more frustrating is that I see that people are being granted visas after only meeting online and meeting once in person. Yet, we have been living together for years and have submitted evidence to prove this, and we have to go through this long process that does not seem fair. I understand now that it was illegal for my stepdaughter to attend school, but this process seems a little unfair, considering all the factors. There are perhaps millions of Mexicans living in Texas illegally, yet nothing seems to be done about them. We even met one family who had a son arrested, spend several days in jail, and then later released despite being illegal. Yet, we were trying to do everything legally, but due to ignorance, we are suffering.

If anyone can offer any advice, it would be greatly appreciated!

[iawait 9]

with a waiver application, you should also try www.immigrate2us.com

[HislittleSecret 21]

Being a school teacher. It is illegal for school personnel to ask for immigration papers. Even if we know that students are illegal we cannot say anything to them or let immigration know that they are illegal. We can lose our jobs. We are there to serve the children regardless of their immigration status.

[kmiami15 8]

to be honest, at this point, you might need a lawyer.... also, you said the check was cashed, but never received any confirmation in the mail from them for the I601??? Did you call them 30 after they cashed it??? did you keep copies of what you sent???

Read this:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=26215a63d813d310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

did you change your home address since you filed this application??

Edited September 20, 2013 by kmiami15

[Pitaya 2,577]

~Moved from K-1 Process to Waivers (I-601 & I-212) & AP (221g) Forum~

~Inquiry is about I-601a Waiver~

[Medical Student 1]

to be honest, at this point, you might need a lawyer.... also, you said the check was cashed, but never received any confirmation in the mail from them for the I601??? Did you call them 30 after they cashed it??? did you keep copies of what you sent???

Read this:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=26215a63d813d310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

did you change your home address since you filed this application??

Sorry, the form that we filled out was I-601, not form I-601A.

We have copies of what was sent.

Also, I read that it can take up to 13 months to get a response, but this seems ridiculous!

I changed my address yesterday. Why do you ask?

[Carla V 43]

You can check in the forum for waivers in visa journey or as iawait told you in immigrate2us... And I'm sorry about your wait and separation from your family but understand that no case is identical to another so it seems unfair you are so critical to real love cases even if they just met each other once or just for a week, all the people have the same right that you have in this process... You don't know the suffer of the people that came here and live without papers in this country... just don't be so judgemental because is really selfish and unfair... my husband and I, as the majority of visa journey, are doing things legally and have to be far away of who we love... the same as you... the waiver is a need in your case because even for ignorance you violate the law, from the begginning coming on tourist visa, and live in the US is illegal, so is not just the school enrollment.

As to any people doing the process in the right way, i wish you the best and that your wait is super short, just don't be unfair with others, we are all suffering waiting times, separation, but we are just trying to be with the people that we love... so good luck today and forever.

[kmiami15 8]

Yes, I kind of bit my tongue with a few things you said, but as Carla stated, every process is different and we are all here for the same reason.... a B2 is not for you to stay here and go back and forth... probably when the officer saw your stepdaughter's, he books, he also looked at all the time they were here in the country and left and came back.... a B2 is a tourist visa and it is meant for someone to visit... I usually recommend that even though you get a max of stay of 6 months, you don't stay that long... lots of people visas have been revoked because of the same reason...

I asked for the change of address maybe they you had moved through the process and did not update it and maybe they had sent some correspondence to the old address...

Also, did you write your SS# or something on the "notes" section of the check? like I said, maybe at this point, you need to contact a lawyer...

[Medical Student 1]

You can check in the forum for waivers in visa journey or as iawait told you in immigrate2us... And I'm sorry about your wait and separation from your family but understand that no case is identical to another so it seems unfair you are so critical to real love cases even if they just met each other once or just for a week, all the people have the same right that you have in this process... You don't know the suffer of the people that came here and live without papers in this country... just don't be so judgemental because is really selfish and unfair... my husband and I, as the majority of visa journey, are doing things legally and have to be far away of who we love... the same as you... the waiver is a need in your case because even for ignorance you violate the law, from the begginning coming on tourist visa, and live in the US is illegal, so is not just the school enrollment.

As to any people doing the process in the right way, i wish you the best and that your wait is super short, just don't be unfair with others, we are all suffering waiting times, separation, but we are just trying to be with the people that we love... so good luck today and forever.

I think you misunderstand what I was trying to convey. I am not criticizing anyone that is going through the process; I am criticizing the process itself. I am sure that there are real love cases for people that just meet. However, the process is here to try to determine whose relationship is real and whose is not. Why the holdup? Is everyone here waiting 18 months and spending as much money as we have?

As for their living here illegally, they were not; they came here with tourist visas, so they were living here legally. The only problem was her going to school. If they were given a 6-month permit and returned before the 6 months, it is not living here illegally.

I may not know the suffering of the people who live here without papers, but I was not criticizing them; again, I was criticizing the process. Besides, because they may have had a horrible time, it does not excuse their being here illegally. In my opinion, my fiancée and everyone else who is trying to go through the process legally should have more right to be here than those who are here illegally.

When I had to go through the documentation process to study in Mexico, I had to go through a lot of bureaucratic nonsense with the Mexican government and the school. I had to repeat processes and submit the same documents multiple times. It was obvious to me that this was being done intentionally. Other students that I talked to said that they experienced the same thing. I wondered why they would make it so difficult for US citizens to study in Mexico. After going through this immigration process, it seems as if the government of Mexico is doing this as retaliation for the hell we give Mexicans who are trying to do things the right way.

Again, my point was to stop harassing the immigrants who are doing things the right way, especially when there are illegal immigrants here that are not being addressed.

I just wanted some advice; not to be accused of criticizing others going through the process, as I was not doing that at all.

[Carla V 43]

My intention is not and will be never be start a war of messages, I'm just telling you what a lot of people think and live through the immigration process, it looks you are mad with the whole expense and waiting...

all the cases have to pay the same fees for what their processes need, in your case, either you accepted or not, is not the right way to live for months and come back to mexico every time your time in the us is about to expire... why? simply because there are visas designed specifically for immigration purposes. and as you can read in any consulate or us embassy, the b2 is to visit the us.... not avoid the hassle of another visa.

In the part of expenses, believe me every one here pay in every stage of the process, you are not the only one. In your case you needed a waiver, so is your process fee. The same will be in adjusting the status, removing conditions, and all the other forms you will need in this journey.

She entered legally, yes, but she was just counting the allowed time to stay, going back to mexico for weeks with the intention of coming back several times with the same intention.... What gives me the reason of assuring she was "living" in the US is enrolling her child in the school.... i mean, if you visit another country you won't go to school there because you are visiting and have to return to your school in your country... you both decide to follow that path... and what i'm telling you is what caused an officer to cancel their visas, not because i want to accuse you of anything, is just the law and they notice it for which ever reason you want... I insist, she entered legally and leave on time, so she doesn't have an overstay but let's be realistic... it is a red flag for CBP officers that is a repeating pattern.

I'm from Mexico, so I know about government process, schools and all the things you are talking about, but is too much to make an statement in general... In fact for a reason you decide it was suitable for you to study there, and as in any country, the permits, the paperwork and all the process have a hassle... at least all the people I know are really kind and welcoming with foreign students... don't know about people you treat with ... but i can assure you is not retaliation in any way against anyone, is just how a lot of things have to follow a procedure.

As I said, the intention is share our experiences and help each other.... and i repeat... you can have a lot of help on the process in the waiver forum and in immigrate2us page. You are in a waiting period, and is advisable you get maybe a consultation with an immigration lawyer (a lot of them offer a first consult free of charge) to help with specifics of your case since waivers are difficult in general. If you didn't receive any notice you should call either the consulate or the service center that have your case. Check the timelines because i think waivers have their own timing.

Finally, all of us understand how frustrating is the waiting but at the end is worth it.. just try to be patient because there is no other way... again... wish you the best.

[kmiami15 8]

Yes, as Carla mentioned that´s the best way... to consult an immigration lawyer at this point....and believe me you aren´t alone in paying so much money in seeing each other.... I have done so for the past two years with my partner who lives in Mexico... we see each other every other week or maximum every month.... that´s expensive... been back and forth between Mexico an Miami is expensive...

We all have gone thru it... and I agree with what Carla say... a lot of people are using the B2 visa as a way to enter "legally" and live here... just because you have a tourist visa that allows you to enter the US does not mean you are ought to live here legally and try to avoid the process... that was a red flag for the officer.... but at least you are both fortunate that you are a USC, compared to other people who live here illegally that have no hope whatsoever... check the timelines and consult a lawyer... good luck!

[Cathi 5,744]

...

Edited September 21, 2013 by mimolicious

[Cathi 5,744]

I think you misunderstand what I was trying to convey. I am not criticizing anyone that is going through the process; I am criticizing the process itself. I am sure that there are real love cases for people that just meet. However, the process is here to try to determine whose relationship is real and whose is not. Why the holdup? Is everyone here waiting 18 months and spending as much money as we have?

As for their living here illegally, they were not; they came here with tourist visas, so they were living here legally. The only problem was her going to school. If they were given a 6-month permit and returned before the 6 months, it is not living here illegally.

I may not know the suffering of the people who live here without papers, but I was not criticizing them; again, I was criticizing the process. Besides, because they may have had a horrible time, it does not excuse their being here illegally. In my opinion, my fiancée and everyone else who is trying to go through the process legally should have more right to be here than those who are here illegally.

When I had to go through the documentation process to study in Mexico, I had to go through a lot of bureaucratic nonsense with the Mexican government and the school. I had to repeat processes and submit the same documents multiple times. It was obvious to me that this was being done intentionally. Other students that I talked to said that they experienced the same thing. I wondered why they would make it so difficult for US citizens to study in Mexico. After going through this immigration process, it seems as if the government of Mexico is doing this as retaliation for the hell we give Mexicans who are trying to do things the right way.

Again, my point was to stop harassing the immigrants who are doing things the right way, especially when there are illegal immigrants here that are not being addressed.

I just wanted some advice; not to be accused of criticizing others going through the process, as I was not doing that at all.

are you serious? They were LIVING in the US with a TOURIST visa. Since when is that legal? A visitor visa is for VISITING, NOT living. SMH

And you judge couples who meet online or have only met once, yet they got their visas the proper and LEGAL way? You do know what you and your fiance and child did is exactly the reason it makes it so difficult for many to get visitor visas in the first place, right? Your fiance abused the system, and you will find very few people here will have any sympathy for you. Seriously.

Edited September 21, 2013 by mimolicious

[AmyWrites 593]

They were LIVING in the US, with a tourist visa. You were all participating in something illegal and must now face the consequences. They are just like the illegals you complain about in the OP.

[fantonledzepp 159]

As for their living here illegally, they were not; they came here with tourist visas, so they were living here legally. The only problem was her going to school. If they were given a 6-month permit and returned before the 6 months, it is not living here illegally.

Understand that you believe that this is a technicality, and to some degree, it is. But, you enrolled her in a school, you must provide a residence, here in the US, in the school district. Therefore, to us, and more importantly, Consular officers, they were living in the US.

Good luck with the waiver.

Also, you seem to be a sharp guy. Understand that language can have a tremendous impact on things. Think like a lawyer, somebody cannot live in the US with a tourist visa. A tourist visa is for visiting, meaning that you come for an allotted period of time, visit, and then return to your residence, in your country.

Catch my drift?

Edited September 21, 2013 by fantonledzepp