Q's for laurel for 4/23/08?

[monki12]

hey guys,
again if you cant attend chat this week, you can post your question here and i will post it at the chat for you. :wave:

[Mgarcia]

Thanks Monki!

Can you ask Laurel:

My husband had a visa issued in 1991, it was good for 10years. He had many visits to the US from 1991-1997. On his last visit to the us in Dec 1997 his passport and visa were stolen at a robbery at his sisters house were he was staying. His sisters have the police report which indicates what was stolen and it includes "3 mexican passports". His mom has a blurry copy of the visa page from my husbands passport which shows when it was issued and the number of the visa. Back then it was only a visa stamp on the passport with no info on the person to whom it was issued. We have our interview in CDJ for may 12 and waiver May 16, on the Ds-230 forms we listed "1991-1997" various entries on B-1/B-2 visa. and then we listed "EWI 2001", will this be a problem since we dont have proof of his visa since it was stolen? can CDJ track his entries with just the visa number? our only proof is the police report, and the visa number on the blury visa copy.
Thanks

[Mgarcia]

Monki I forgot to add that we also have 2 copies of the biographic page of the passports that were stolen, one was issued in 1991 and the other in 1992. This probably wont help much as they are only the first page in the passport. I also want to let Laurel know this is what it says on the blury copy of the visa that was issued in 1991 in the Mazatlan, Sinaloa MX consulate(which closed and moved in 1998 to Hermosillo Sonora MX):
MAZ No: ######
The consulate of the united states of america, MAzatlan Mexico.
Mexican border crossing identification card and B-1/B-2 nonimmigrant visa.
Issued on : Jan 21 1991
To: Bearer
Valid Indefinitely for multiple applications for admission to the united states as a temporary visitor for business or pleasure.
Signed by Consular Officer.

[monki12]

got it mgarcia....

[lauren32983]

Thanks Monki! Could you please ask Laurel for me-

My husband entered 1989 F-I D/S. Never attended school. Got married in 1997. Applied for I-130/AOS. Went to Jordan for 1 month in 7/98 on Advance Parole, marked AOS. Re-entered on Advance Parole. Got divorced in 2001. Ex-wife revoked petitions. They were approved but not finalized yet. Since she revoked them he attempted various arguments with BIA. Always under proceedings via appeals from 2001-2007. Granted Voluntary Departure in 6/2007. What bar applies, since he was under proceedings this whole time? Will these complications pose a problem for a waiver? I am currently in Jordan with him for now, our waiver would go through Athens.

[monki12]

got it lauren

[catratcha]

Hello and thank you for posting people's questions! That is so wonderful of you!


Hello Laurel, I have a few questions, but they are short and sweet! My husband and I are waiting for I-130 approval, and will need to file I-601 and waiver in Tegucigalpa as he EWI in 2005. When he goes to Honduras to interview and file his waiver, is it ok to fly on a plane? Obviously we already put on his I-130 that he EWI and he has a Honduran passport, but it makes me nervous. Also, he has not worked anywhere "official" or ever used false documents to work, has only worked for friends and never received a paycheck. Would it be worse for him to work now, while we are waiting, with false papers? I was thinking we could claim moral standards and adherence to the law on the waiver, but I am not sure if that would be ok with him working for friends "under the table" and not paying taxes. Also, can a strong argument be made on a waiver for strong ties to a protestant church involvement/community with the dominance of Catholicism in Honduras, and him as my spiritual leader, biblically speaking? It's the truth, but do they pay attention to that sort of thing? Thank you so much for taking your time to do this for people. You are a blessing.

[Cherokee]

Thank you for posting this Monki,

Dear Laurel,
I am a USC. My husband came EWI from Mexico in 2005, and has been here ever since. No contact with immigration or the police. He has been working construction and then occasionally at a business using false papers. I just realized that I didn't mention that second job on the I-130.
We got married 07/07, approved for the I-130 in February 2008. Right now I am completing the IV, just about to schedule the appointment in Juarez and waiver.
My hardships I have thought of so far are 1. I am in the middle of a 6 year PhD program, and I would have to leave and credits wouldn't be transferable 2. My career would be ruined (I couldn't become a professor in the US as planned or participate in academic life in the US) 3. I have a huge US Dept. of education debt I couldn't pay if I had to go to Mexico 4. My brother has Type 1 diabetes, and I have a good chance of getting it (Mexico has poor health care)

My questions are:
1. should I correct the omission of the occasional job he does under false papers, or just leave it alone?
2. Do you think my hardships are enough to even try for the waiver?
3. Do you think working with a lawyer would help me have a better chance of getting approved the first time?

thank you very much!

[lauren32983]

Thanks Monki!!!!

[monki12]

got it girls.....thanks:wink:

[llramafar]

MONKI12. Could you ask this for us? Please!

We moved to Mexico in Oct 2006 and got married there in Nov of the same year. We've been living here ever since. Every six months I get a tourist permit to be able to stay in Mexico as much as possible with my husband. In the I-130 and G-325A, what address should I write on the forms? Or what would be better to say, since I've been here only as a tourist? I go to the US about 2 to 3 times a year for a month at a time. Should I say that I live in Chihuahua with my husband or that I live in my parents’ home in the US? I understand I need to establish a domicile in the US to be able to get my husband there.

Thanks.

[sol1975]

Thanks Monki for your help!! :)

Ok guys so here it goes..my friend filed her I130- in 2003 and was approved. NVC contacted her telling her the steps to get her husbands visa. Because there was no pilot program she did not want to risk loosing her husband. I went the K-3 route in January and she was wanting to do the same. She no longer can because now an I130 has to be pending and not approved. Anyway NVC gave her a year to respond and she didnt. She now is ready and hopefully she can take advantage of the pilot program...SO here is the PROBLEM ..... NVC says her visa was canceled because she did not respond in time. They told her to call INS if she wanted to go for the visa again. We looked online and her I130 is still approved. I was trying to figure out how to get her old approved I130 to NVC again. I thought of maybe filling out the I-824..but dont want her to waste her money because that form is $340.00. Unless it for sure will take it once again to NVC. So today she went to an Infopass at INS and was told she needed to start all over and to once again fill out the I130, even though she has an approved I130. Why would they want her to fill out another one when she already has one approved? We do not know what to do. Has this happened to anyone? Does anyone have any suggestion, comments or ideas? Please help, I would love to help keep her family together...thanks once again for listening and God Bless

[seasun]

hey guys,
again if you cant attend chat this week, you can post your question here and i will post it at the chat for you. :wave:

Hi!Can you please ask her if after I had my consultation with her(wish I did) and I called her like 3times after that (lol) to ask her questions,if I could call her at least one more time, cause we are still waiting on the criminal case, so I may have another question for her soon, I think I should have waited for everything to be done to consult her, anyways I think she said I could call her again but I dont want to over do it, I wanna make sure its ok with her, I think she remembers if you tell her the case from Macedonia, criminal charges pending, thank you, thank you,I appreciate it:wave:

[angela256z]

Thanks Monki!

Can you ask Laurel:

My husband had a visa issued in 1991, it was good for 10years. He had many visits to the US from 1991-1997. On his last visit to the us in Dec 1997 his passport and visa were stolen at a robbery at his sisters house were he was staying. His sisters have the police report which indicates what was stolen and it includes "3 mexican passports". His mom has a blurry copy of the visa page from my husbands passport which shows when it was issued and the number of the visa. Back then it was only a visa stamp on the passport with no info on the person to whom it was issued. We have our interview in CDJ for may 12 and waiver May 16, on the Ds-230 forms we listed "1991-1997" various entries on B-1/B-2 visa. and then we listed "EWI 2001", will this be a problem since we dont have proof of his visa since it was stolen? can CDJ track his entries with just the visa number? our only proof is the police report, and the visa number on the blury visa copy.
Thanks


Laurel answered your question in the chat just now, but I wanted to add that entry, exits and illegal presence before April 1, 1997 do not count. If there was a deportation that counts, but since he entered on a visa they should not really be questioning you about it. I would just bring everything you got with you, but also remember the April 1, 97 loop hole above.

[Mgarcia]

Laurel answered your question in the chat just now, but I wanted to add that entry, exits and illegal presence before April 1, 1997 do not count. If there was a deportation that counts, but since he entered on a visa they should not really be questioning you about it. I would just bring everything you got with you, but also remember the April 1, 97 loop hole above.

Thanks angela, i just sumitted the Question to her not knowing she answered it :shy:
thats what i thought that they should not question it since it was legal entries..but you never know what they want at CDJ... i know about the April, 1 1997 rule which is helpful just in case they dont believe he had a visa.... :blush: Thanks angela.. i will take the police report and the visa number.. im glad he did not have deportations :)

[MMGCA]

Monki can you please ask laurel the following question?


In 2007 My hussband sponsered his brother and wife in a I-864. Now are still in process of becomeing Permanent recidents. they dont have the green cards yet.My husband is pettitioning me and we are currently in NVC, and in the I-864 application it asks him if he has sponsered anyone else in a I-864 that are now permanent residents. should he say yes and include them in our I-864? but they are not Permanent residents yet??? thank you!

[monki12]

Hi mmgca,

I couldnt post your question but i will next week. If you want you can start a thread to get ideas. I think you will have to list them,but im not sure....

[monki12]

also just a tip guys....
i normally log on the day of the chat at 8:45am to check questions....i dont check back until after the chat...im scared my computer will freeeze or that i will geet logged off....i know im paranoid...lol

[angela256z]

Monki can you please ask laurel the following question?


In 2007 My hussband sponsered his brother and wife in a I-864. Now are still in process of becomeing Permanent recidents. they dont have the green cards yet.My husband is pettitioning me and we are currently in NVC, and in the I-864 application it asks him if he has sponsered anyone else in a I-864 that are now permanent residents. should he say yes and include them in our I-864? but they are not Permanent residents yet??? thank you!

If I am not mistaken you will have to list them because you are showing that you make enough money to support all people that will be living in the US.

My cousin is the support for her husband and now she is supporting his nephew cause his wife does not work. She had to list her husband, her two kids and of course the nephew. She had to show proof of 125% over the poverty level for 4 people even though the application was just for the nephew. She used a lawyer and maybe the lawyer was wrong, but I am assuming you will be listing them since he will be their financial sponsor.

[MMGCA]

If I am not mistaken you will have to list them because you are showing that you make enough money to support all people that will be living in the US.

My cousin is the support for her husband and now she is supporting his nephew cause his wife does not work. She had to list her husband, her two kids and of course the nephew. She had to show proof of 125% over the poverty level for 4 people even though the application was just for the nephew. She used a lawyer and maybe the lawyer was wrong, but I am assuming you will be listing them since he will be their financial sponsor.

yeah angela, thats what i thought but i want to make sure....but if thats the case then we are going to need someone to sponser me too cause we will have to add them too that would make My husband, Me, 2 boys and BIL and SIL.


thanks monki for your answer. will you be asking Laurel next week?....or do i need to post the question again???

[monki12]

i got mmgca...ill ask next week. thanks.

[MMGCA]

i got mmgca...ill ask next week. thanks.

k Kool, thanks!!