Flag1976
08-16-2007, 03:35 AM
Hi everyone,
I also posted this thread to the I-620 waiver forum because I am not really sure whether it belongs here or there.
I am new to this forum and I would really appreciate any feedback or advice that you could give me. My wife and I have been married since early 2004. She is living in Brazil and we have no children. Her I-130 was approved in March of 2004 and she had her interview at the US conculate in Rio de Janeiro with a few months of this. Her immigrant visa was denied due to the 10 year bar (she was accused of previously overstaying a tourist visa for over 1 year before we were married). At this time, I applied for the waiver. I was under the impression that all this waiver had to consist of was a letter explaining the difficulties that i would have if my wife were not allowed to come to the US. This waiver was denied in late 2005 by the Lima office, which said that I had failed to prove extreme hardship. I went to an attorney who was recommended by a friend. This attorney filed an appeal with the AAU, but all this appeal consisted of was a brief; he told me not to supply any supporting evidence. This was at the end of 2005.
Having not head anything on the appeal by May of 2007, I became nervous. I hired a new attorney. He decided that I should supplement my appeal while at the same time filing a new I-130 so that in the event that the appeal is denied, the process to schedule a new interview will have already been started. I think that the supplement to the appeal is strong. I have an 8 page affidavit describing my difficulties (financial, family, inability to advance in my career, difficulties I would encounter in relocating to Brazil etc.). I also have a 30 page psychological report diagnosing me with major depression and anxiety disorder, which are the result of my being separated from my wife). I am an only child of older parents and this is also documented. Additionally, I have traveled to visit my wife 15 times since we were married. I know that all of this should have been presented in the original waiver application, not in the appeal, but I was not aware of the process. I know that I should have done more research, but the consulate told me that all a waiver was was a written request by me to ask the government to permit my wife to enter the country.
Has anyone else been through a similar experience? Do you think that I have a reasonable chance of getting this appeal approved? Does the AAU accept supplemental evidence to an appeal that was filed so long ago? Or will my best shot lie in filing the new I-130, waiting for it to be denied, and filing a new waiver with the office in Lima? Should I get my senator involved? Please, any advice you could give me would be greatly appreciated. I have already lost nearly 4 years of time that I could have spent with my wife.
I also posted this thread to the I-620 waiver forum because I am not really sure whether it belongs here or there.
I am new to this forum and I would really appreciate any feedback or advice that you could give me. My wife and I have been married since early 2004. She is living in Brazil and we have no children. Her I-130 was approved in March of 2004 and she had her interview at the US conculate in Rio de Janeiro with a few months of this. Her immigrant visa was denied due to the 10 year bar (she was accused of previously overstaying a tourist visa for over 1 year before we were married). At this time, I applied for the waiver. I was under the impression that all this waiver had to consist of was a letter explaining the difficulties that i would have if my wife were not allowed to come to the US. This waiver was denied in late 2005 by the Lima office, which said that I had failed to prove extreme hardship. I went to an attorney who was recommended by a friend. This attorney filed an appeal with the AAU, but all this appeal consisted of was a brief; he told me not to supply any supporting evidence. This was at the end of 2005.
Having not head anything on the appeal by May of 2007, I became nervous. I hired a new attorney. He decided that I should supplement my appeal while at the same time filing a new I-130 so that in the event that the appeal is denied, the process to schedule a new interview will have already been started. I think that the supplement to the appeal is strong. I have an 8 page affidavit describing my difficulties (financial, family, inability to advance in my career, difficulties I would encounter in relocating to Brazil etc.). I also have a 30 page psychological report diagnosing me with major depression and anxiety disorder, which are the result of my being separated from my wife). I am an only child of older parents and this is also documented. Additionally, I have traveled to visit my wife 15 times since we were married. I know that all of this should have been presented in the original waiver application, not in the appeal, but I was not aware of the process. I know that I should have done more research, but the consulate told me that all a waiver was was a written request by me to ask the government to permit my wife to enter the country.
Has anyone else been through a similar experience? Do you think that I have a reasonable chance of getting this appeal approved? Does the AAU accept supplemental evidence to an appeal that was filed so long ago? Or will my best shot lie in filing the new I-130, waiting for it to be denied, and filing a new waiver with the office in Lima? Should I get my senator involved? Please, any advice you could give me would be greatly appreciated. I have already lost nearly 4 years of time that I could have spent with my wife.