k 3 visa denied, waiver is needed, will do the immigrant visa interview

[lyro07]

Hello, I'm a wife of a US citizen. I was in the US from 1992 to 2006. For about 12 years, I had a working permit. I have no criminal history nor ever been detained by INS. In fact, the last 7 years, I had a good job. Always filed and paid my taxes. There I met my husband now. We were friends and dated for 2 years. We got married last yekar and we filed both k3 and I 130. I had my k3 interviewed in january and was denied. I needed 212 and 601 waivers. In process of trying to do our waivers, my i 130 was approved in june 07. Now my husband had received the IV bill and I 864. He just needs to send them back and waiting for my interview, I believe. We just gonna go for the immigrant visa instead cause it's better I guess. Now, if I go for my IV interview, it's gonna be denied again since I got the 10 year bar for overstayed my visitor visa.

My questions...why do I have the 10 year bar, I was allowed to stay there for the asylum process even though it was denied? I had an EAD card for 12 years.
Also are we on the right track? What's gonna happen really on my IV interview consider I had the k3 visa interviewed that was denied?
What the best way for us to do?
How long the waiver process thru bangkok?
We appreciate any helps, suggestions and thank you so much

[Ginger]

I am sorry to hear about your denial.
Your story is a little bit confusing.
Where are you now?
If you K-3 was denied, filing for the immigrant visa just would prolong time before you can file the waiver. You should be able to file it right away based on a denial.
What exactly was written on the denial letter?
You have mentioned about asylum, did you get a final judgment and when? What did it say?
On what visa did you enter the US? Till when was it valid? When did you apply for the asylum?

So far from what you wrote it sounds that you left the country before the final decision on your asylum was made and now all this time counts as overstay.

As for the comment that why did you have valid papers, well, dear, that is INS and messed up system of theirs. My work permit was approved 1 month after my greencard denied, we went to the INS and everyone “forgot” to mention that I should leave the country instead. They (INS) make mistakes, we are the one who pays for their mistakes.

If you would be able to answer my questions it would be easier for all of us to try to help you to understand what is really going on.

Good luck.

[lyro07]

Thanks for your comments/suggestions/helps.
Here more of my story...I enter US using b1/b2 visitor visa in 1992 with my parents. My father filed an asylum in 1993 and I was under 21 back then. In 1998 I was on removal proceeding and I our lawyer filed witholding of deportation/asylum that was denied in 2001 and appeal was dismissed in 2002. From 2003-2006, I was under order of supervision but I was never detained/arrested. I was eligible for an EAD card for pending asylum and for being under order of supervision (I could stayed in US, but I had to report to the officer at least once every 3 months). Anyway, I had a few jobs using my EAD card. The EAD came handy for my last 7 years job where require me to get a license from the state). There, I met my husband and we were friends for years, dated for 2 years and got married before I had to leave US. We did all the paper work on our own so far. Our k3 visa was approved on 11/06, interviewed on 1/07 denied and eligible for 212 and 601 waivers. My husband was ni my country for 3 months and had to go back. He tried to do some research about waivers, talk to a few lawyers, but had decided to go for IV process since it was approved 6/07 before he had a chance to file the waivers. I guess, immigrant visa better than k3 so that I don't have to adjust my status once I get back to US. If I file waivers now and with a big hope to get approve, will they give me IV or K3 or should we do the whole nine yard IV process, get denied and file the waivers, get approve and get the IV right then. Thanks again

[lyro07]

My 601 waivers only for the 10 year bar I got for overstayed my visa

[Lulu]

Thank you for telling us your story, but you never explained what happened in the end. I guess your asylum appeal was finally denied. When? Why did you have to leave the US? Were you deported? If so, what were the circumstances? Basically, what was the outcome of your case and under what circumstances did you leave the US? It sounds to me like you had some sort of status through 2006, so I'm confused.

Also, how old were you when you entered the US, and how old were you when your father filed for asylum?

[lyro07]

I'm confuse myself, but before I left US, I talk to an attorney and he told me that I had to leave and will get the 10 year bar. I believe that I was deported since my asylum and appeal case was denied. The deportation oficer handed me a letter for me to give to the embassy here and let them to send it back. It says "The record of this office shows that you were ordered removed from the US on Nov 98 by the the immigration judge, but this office has no record of departure. As far as I concern, I didn't have a permanent status, but I was permitted to stay legally up till they told me to leave. My asylum was denied in 2001 and appealed was dismissed in Nov 2002. From 2003 to 2006, I was under order of supervision ( allow me to stay at large with a few condition). Again, I was never been detained/arrested. I was 18 when I enter US. I miss my husband, the love of my life whom I waited a long time to finally met him and got married. Thanks for any suggestions/comments or helps that I could use to help me deal with this immigration process. Btw, when I had my k3 interview, I didn't have all the paper work for my asylum case or any paper work that showed I was in status somehow. I got them now. Should I go for my IV interview with a hope a waiver might not be need it?

[loslagos]

Thev 10 year ban was accreud becosd you stayed more than 365 days since the day the immigration judge denied ur asylum case. i too got 10 year bar but it is well. U just have to wait for the IV interwiew but you can file in ur waiver as soon as the K3 intereview was denied to save u more time of waiting. if u file now the waiver will be in process during the time of waiting for interview.By the time u are called for interview the waiver might be ready and all u need to do is turn int to IV process.

[USnoiva]

I'm confuse myself, but before I left US, I talk to an attorney and he told me that I had to leave and will get the 10 year bar. I believe that I was deported since my asylum and appeal case was denied. The deportation oficer handed me a letter for me to give to the embassy here and let them to send it back. It says "The record of this office shows that you were ordered removed from the US on Nov 98 by the the immigration judge, but this office has no record of departure. As far as I concern, I didn't have a permanent status, but I was permitted to stay legally up till they told me to leave. My asylum was denied in 2001 and appealed was dismissed in Nov 2002. From 2003 to 2006, I was under order of supervision ( allow me to stay at large with a few condition). Again, I was never been detained/arrested. I was 18 when I enter US. I miss my husband, the love of my life whom I waited a long time to finally met him and got married. Thanks for any suggestions/comments or helps that I could use to help me deal with this immigration process. Btw, when I had my k3 interview, I didn't have all the paper work for my asylum case or any paper work that showed I was in status somehow. I got them now. Should I go for my IV interview with a hope a waiver might not be need it?

Hmmmm. I would file the waiver ASAP. It could be months before an interview for the I-130 is granted.
At least you can eat up that time waiting for the I-601 and I-212.
What was on your denial for the K-3? Why were you inadmissable?
And what required the I-212 exactly, did they tell you?

[Lulu]

You mentioned you were in removal proceedings in 1998. I think that is where the problem comes in. When was your father's asylum case denied? When it was denied, your family was likely granted "Voluntary Departure" where you had a few months to leave the US on your own. If you overstayed that time-frame, you got a deportation order.

When did your lawyer file for the withholding of deportation? How long after the asylum denial? What may have happened is that either the withholding was not timely filed, or it was never approvable, in which case you began accruing time in unlawful presence then. Just because they took a few years to sort things out doesn't mean that you had a legal status here. Something similar happened to my husband. He and his family were granted EADs for about 4 years after their asylum appeal was dismissed. USCIS doesn't care that they screwed up and gave you the EAD, you were technically not here legally, even if you logically thought you were. That's why they asked you for the I-212. You weren't deported, but there was an order of deportation against you, which ends up being the same. What a mess.

I get the impression that unfortunately, you do require both waivers. File them now. They will be sent to the USCIS office in Bangkok for processing. Bangkok makes extremely fast decisions (I've seen as few as 2-3 weeks, though 1-3 months is typical). But, they have also been known to be tough at times. Just be sure you have a strong and very well-documented hardship letter. If your waivers are approved, and your I-130 has already reached the consulate, then you will be given an immigrant visa (residency), not the K3. Or you can wait for the I-130 to get there (which I'd recommend so you don't have to adjust status in the US). If by any chance your waiver is denied, you will be able to re-file it based on the I-130. Denial letters give detailed explanations of why they denied you, so you can use that to make a better case. But, hopefully, you won't have to go through that. Make a great waiver packet the first time around, and hopefully, you'll be landing in the US as a legal resident in the next few months.

[Ginger]

If what you are telling is correct, my opinion that you should not need a waiver because:
- all this time you have extensions, appeal and so on and all this time you should be considered on a valid papers in the US
- you left as soon as you were told to leave ( as far as you telling)

My suggestion:
- Consult a GOOD lawyer who knows what he/she talking about
- if you have papers supporting you claims ( court order, extension order,….) then you might be able to get a visa without a waiver.
- Who told you to leave? Was it on paper? What those papers said?
- I would not tell you what visa to file but it sounds you did not even start to collect papers for the waiver so there is a possibility that immigrant visa papers would come thought first.
- Immigration crevice made a big mistake because you were already in the process for the K-3 and they started to process papers for the Immigrant visa. As my knowledge one of those petitions had to be withdrawn. Unless you guys started immigrant visa petition AFTER your K-3 was denied.
- In most of the US consulates you have to wait X amount of time since your visa was denied to go to the interview. I do not know does it applies for the K-3 or immigrant visa but I know that in my country if your visitors visa was denied you are not allowed to apply for a new one for 6 month. You might want to double-check this.

You case is very unclear and there is a possibility that you would be able to get visa without a waiver. You just need to know all facts 100% and have a supporting documents.

Good luck

[lyro07]

Thanks again for all the suggestions/comments and helps. We appreciate it.

August 2006- filed the I 130
August 2006- filed the k3 visa as soon as we received the receipt notice of I 130
Nov 2006- k3 approved
Jan 2007- interviewed for k3 visa, denied and eligible for waivers
June 2007-I130 approved. There was a delay because the USCIS needed my husband actual birth certificate instead of the wallet one.
July 2007 till now-in process for IV. So far he had the affidavid of support and IV bill of $380

I was told to leave by the deportation officer who was taking care of my "order of supervision".
So my 212 waiver is for the deportation and 601 for overstayed my visa.

The extreme hardship is kind a tough. We both pretty healthy, no kids. He has never been married before. He's 39 years old and I'm 33 years old. His mom is 69 years old and father had passed away 16 years ago. He's the youngest of 3 siblings and the only son also. They have a very close relationship. Any comments/suggestions?
Thank you

[USnoiva]

There are guides in the "stickies" of suggestions and ideas to prove extreme hardship. They should be able to help you out. There is hope.
Look around in the I-601 forum.
What consulate are you going to process the waiver through?

[lyro07]

Thanks for your replied. I think the waiver process will go to Bangkok.

[USnoiva]

OK, even though you are not going through Mexico, make sure you visit that forum and read, read, read. There is a sticky by Pinkpig that has an Excel spreadsheet with other members who went through Bangkok and their timelines till approval of I-601.
Good Luck

[Pinkpig]

OK, even though you are not going through Mexico, make sure you visit that forum and read, read, read. There is a sticky by Pinkpig that has an Excel spreadsheet with other members who went through Bangkok and their timelines till approval of I-601.
Good Luck

http://immigrate2us.net/forum/showthread.php?t=61

Excel spreadsheet of members who have filed I-601 all over the world is here.

If you do not have Excel capacity, please PM me your email address and I will copy the file for you.

:)

[Ginger]

OK, so we have some answers, Immigrant visa was going through after the K-3 denial so there are no problems there as for the having 2 applications on the same time. That is good.

As for the deportation and 601 waiver I am still a little bit confused. If you were under the order of supervision, then it sounds that you HAD a permission to stay in the US while you papers are being looked at. Do you have any papers in writing ( that you were allowed to wait for the decision in the US)???

Let’s assume for now that you have that papers. Then what do we have? You staying in the US, waiting for the decision. You are getting decision: you have to leave. You are leaving ( when did you get decision and when did you leave)?

If you left on time ( did not overstay) then technically you do not need any waiver because you did stay in the US legally and as soon as you were told that asylum would not be granted, you left the country. You did not break any law.

Again, it is all assembly because you need to clarify situation.

If what I assuming is right, then my strong suggestion to get a good immigration lawyer who would be able to put it all together because you should not need a waiver.

If there were any “but” ( like you did not leave on time, you did not have anything on paper) then you would need a waiver and would have to prove a hardship.

As for the hardship, both of my hubby’s parents diseased, we do not have kids so do not think that this is the only one possible hardship there it is.

As girls suggested, read the samples of the waivers, they should put you on a right truck and when you would have some info, post it in the forum and we would try to buff it and polish it.

Good luck.

[lyro07]

Thanks Ginger, Lulu, UsNoiva, Loslagos, Pinkpig for all your helps and replied to my questions. I will post more things in the future. Best of luck for you and your family. God Bless America.