waivers 601, 212 in Ukraine

[vladimirn]

where to start?!

well i came into US in 93 on a B-2 visa with my parents, i was 9 at the time, my parents applied and reapplied for asylum well 2002 we all ( our family ) received a decision for voluntary leave, well we didnt leave because we reapplied again ( not quite sure how ) well needless to say i did NOT pay attention to the case, i got in a relation ship when i was 16 and ended up having a son at 18, we got married in 2005, ( couldnt earlier due to financial problems ) we moved in together at 18 we rented a townhome together and lived there well about end of 2005 I looked into my case and found out what was going on and how i was essentially getting "booted" well we decided to file for i130 and move on with the case, we got the I-130 approved rather quickly but our attorney did not file anything else after that ( even though he took money to finish the case ) well he had us on the thought that everything was going to be fine etc etc, we spend $7000 to finish the paperwork and establish something for me so I can be there for my family, well the best way i can put it in Jan 1, 2007, **** hit the fan and i got arrested, this is when we found out that my attorney didnt file anything else, ( even though i went through the medical exams and police clearances etc etc ) I have no criminal record what so ever, i spent 3 months in a federal jail waiting for deportation and finally in March 2007 i was deported, we right away got rid of the lawyer and hired a new one, had a little bit of trouble of getting all the documentation back from the old one, but he ended up finally giving us the expired approved I-130, well during that time we applied for the 129F and got that approved and got the k3 visa thing going, we also did something IR1, well i finally had my interview ( April 22nd ) and during the interview i presented A LOT of information including my waivers 601 and 212, during the interview he was more than satisfied with the info i presented regarding the marriage and the hardship ( so i assume since there was little conversation about it ) but he did not approve the IR1 nor declined it, he told me to gather more information regarding my deportation, ( as in why, how, when, ) and regarding my "US Status" now im assuming that he did not decline in, but i am not sure maybe he did, just in a nice manner? :rolleyes: well he said to get the info he requested back to the consular IV section asap, thats where im at, if any one has any ideas on anything else i can do to speed this up.

what i dont understand is why is it not possible to speed this up considering I have a wife and a son who are financially and morally are devastated because of this situation and nothing can be done about it ( so it seems so )

also forgot to mention we bought a house together, own 2 vehicles, none of us have done anything illegal, filed taxes every year ( jointly ) well now we lost our house ( my wife couldnt afford a 1/4 payment ) she was forced to move with her sister, she is working a part time job ( $350 ) a month is her income, my son developed asthma ( from wifeys side :) and is getting more and more in debt by the day on medication and doctor visits, now i have shown all this information and documentation to the consular, but it duesnt seem like it matters to them at all.....

anyways now that im done venting a little i would love to hear some feedback/advice

in English please, even though im ukrainian i dont read or write in Ukrainian lol

Thanks,

Vladimir N.

[Ginger]

Vladimir,

I am sorry about your situation.

This is what I think is going on: consulate is trying to find out (1) since when you have been illegal in the United States, (2) are you eligible for the waiver, (3) under what law you was deported.

I do not understand why they are asking you to show papers about your deportation. They should be asking Immigration Cervices in the US to provide them.

What was the reason for the arrest? Did you do anything or had control substances during arrest?

As for your hardship: it doesn’t really bother them ( sorry) that you wife is having a problems. They are just doing their job. All those proves ( that she was not able to keep a house, that your child is developing an asthma) you should add to your hardship letter rather then just tell to the consulate.

You have mentioned about expired I-130 – that is not correct since this form does not have an expiration date. For example, we filled our in 2002 and I got my visa in 2006. We used the same I-130. May be you meant filled application form for the I-130?

Is your wife a US citizen?

How were your able to file K-3 (husband’s visa) and IR1 (immigration visa) at the same time? It should not be possible.

When you were working, was it off the books or you were on the payroll?

I know that there is a rule that law does not apply to the minor but you are well over that age now so I do not think it would help you.

You better not to tell in the Interview that at age 16 you were having relationships with the girl. I might be wrong but law is very strict in the US as for having relationships with the minor….. You do not need all that on top of deportation.

Do you speak Russian ? If not at all you should be able to add it to your waiver since it is second common language in the Ukraine.

Based on the information your provided it sounds that you would definitely need waivers (as long as you will be able to file it). You might ask your wife ( if she is a US citizen) to contact her local congressman/senator office to help to figure out your eligibility for the wavier.

Good luck.

[vladimirn]

Well i told them that my wife and i have been together since 16, and she had our son at 18 so its clear that we had a sexual relation ship, I did work on a payroll i also had a work authorization card for most of the time except for the last year. I provided more documentation on the deportation and now im waiting to hear from them. i sent an email asking what the status was but i got no reply, when i called they said that the case is still open and to wait for a reply on the email. really really concerned now. i did mention that i dont speak urkainian well and i spoke in english the whole time since it was so much easier.

[Ginger]

Vladimir,
That you worked on the books and with the valid work permit most of the time is good. At least they would not be telling you that all this time you worked illegal ( not that it should stop you from being able to get your visa and go on with the waiver).

You might not know, but more then 50% of the Ukrainian population is speaking Russian, not Ukrainian (especially Eastern part of the country).

I hope that it would workout for you.