In-Country Denial:(

[ukgirl27]

Got a letter today telling me that i have been denied and have 33 days to file an appeal or leave the country!!! I am totally in shock!! We don't have any hardships really so we kind of knew we would be denied but it is still a shock to see it in writing!!!!

Have to call my lawyer tomorrow to see what my options are.....it also states that i can't work as of the date of my letter which was 8/1 because i have no pending case:(

I can't believe this...i am thinking that i might go back to England and try and file from there.....this sucks big time!

[simply-heartfelt]

So sorry ukgirl keep us updated!!!

[Laura]

Awww... I'm so sorry Uknygirl....

[emt103c]

I'm so sorry.

[workboresme]

Oh no! NOOOO! I am soooooooooo sorry! I'm in utter shock - our cases were sooooo similar........

My heart goes out to you, Caroline.

xxx

[esprndomlgros]

I'm so sorry! Could an appeal work?

[ukgirl27]

Oh no! NOOOO! I am soooooooooo sorry! I'm in utter shock - our cases were sooooo similar........

My heart goes out to you, Caroline.

xxx
you're telling me.....i am in complete shock....it just pisses me off that there are people who can stay here who are drug users, have dui's, have criminal convictions and i have none of that....i overstayed.....i know i did wrong but i have done everything in my power to fix everything and they still deny me....need to figure out something asap or i will be back home!! If i appeal it could take years, don't know if i am ready to wait more time here not knowing adn spend a crap load of money for no guarantee!!!

[workboresme]

Gah! Talk to your lawyer tomorrow and see what they say.
Thinking of you.

[Pinkpig]

I am so sorry to hear this. I hope that you and your lawyer can devise a strategy for your next step. take care!

[pen1137]

19 months and they deny it for something so minor-freaking unbelievable. ack!

can you file a motion to reconsider their arguments as opposed to appeal? i know you want to be able to travel out of the states...that would be quicker.

i am sooo sorry. :(

[Netter-Poo]

I'm So sorry, how heart breaking. I hope your lawyer will have some good news for you!

[douginguam]

Terrible news!! Awful to hear about any denial, but the lack of a fair approach to overstay seems to be one of the most glaring problems. The worst part is that it is cruel to the legal spouse (otherwise they could not file for waiver) - they are effectively deported if they honor thier marriage! It is simply cruel. The law sucks!:bluesad: (I wish each congress member had to go through something like that for their loved one - then they might grow up.)

[chalakita]

That sucks :sorry:

[ukgirl27]

My I-130 was approved at the AOS interview on 10/2006 so i still don't understand all of this...they said that our marriage was real but they want me to leave the country? ***!!

[klaudialaw]

Hi, we were also denied an in-country waiver 2 months ago. HOwever, our letter did not say that we have to leave the country. Many of hte attorneys I spoke to told me to re-file a new AOS with a new waiver.
I dont know if re-filing will work for you because they already told you that if you do not appeal or do a motion to reopen/reconsider you have to leave.

I totally understand how you feel, and it is normal that you will be in a situation that makes it hard to decide what to do. HOwever, your lawyer, will be able to help you.

Klaudia

[russ2169]

Sorry to hear that.. Hopefully your attorney will have some good ideas.

[beccaboo2000]

It seems like they would want to approve people without hardships. My husband and I have the normal hardships just like everybody else. But who's to say that one person doesn't take things harder than another? I can't understand this whole thing, how can the consulate say something's not an extreme hardship when it is in each particular situation? Apparently the people that work at the consulate can live without their spouse for a while, would enjoy paying for everything by themselves, and being separated from everybody they love. It makes no sense to me.
This has been the most difficult thing I have endured in my lifetime. I won't say it's a mistake yet unless in the end it gets denied, but if I knew what a toll this was going to take on my husband, both sides of the family, everybody that knows us, and my life I probably wouldn't have even started the process.

[constance_13]

I am soooo sorry!!! I know how frustrating this can all be. I am still waiting and never though it would take this long. The waiting is HORRIBLE.

[gaby]

I am sorry ukgirl, you will be in my prayers

[xclent]

Sorry to hear that.
I hope your lawyer will find a way for you.

When you have already done so much, why not consult with Laurel Scott (for a second opinion).

[ukgirl27]

i spoke to 2 lawyers today and they both advised the same thing...i basically have two options....leave and not come back for 10 years or i can appeal but i probably wouldn't win because our hardships are not "extreme" enough in their eyes. If i stay and file an appeal i would still be out of status and that means that i can't work and they could still "technically" deport me. I could wait another year or so for the appeal and get the same answer.....my husband is not willing to move to the UK for 10 years, he has to stay with his family so we would try and figure something out, if not, more than likely we would eventually separate:(
Edit:
It seems like they would want to approve people without hardships. My husband and I have the normal hardships just like everybody else. But who's to say that one person doesn't take things harder than another? I can't understand this whole thing, how can the consulate say something's not an extreme hardship when it is in each particular situation? Apparently the people that work at the consulate can live without their spouse for a while, would enjoy paying for everything by themselves, and being separated from everybody they love. It makes no sense to me.
This has been the most difficult thing I have endured in my lifetime. I won't say it's a mistake yet unless in the end it gets denied, but if I knew what a toll this was going to take on my husband, both sides of the family, everybody that knows us, and my life I probably wouldn't have even started the process.


i know exactly what you mean...sometimes i wish i would have just left before i met my husband because what we have been through i wouldn't with on my worst enemy!!!!!

[angel]

Hi ukgirl,
I am sorry to hear that. I am a newbie here, and all this scares me to death. What is your exact situation?

[ukgirl27]

Hi ukgirl,
I am sorry to hear that. I am a newbie here, and all this scares me to death. What is your exact situation?

my exact situation is that i probably have to leave the USA soon or they will start deportation proceedings.....

[angel]

I went back and looked at your threads posted over the last year. You mentioned in one thread that a few attorneys didn't want to take the case etc. I wonder why? Your case seems so simple, why would it be denied???? That makes me think really hard what I should do, paying lots of money, waiting years, just for them to say no anyways. If you leave on your own, what do you have to show at the airport usa side/england side? Can you even leave without having to show them any paperwork or give any explanation why you have been here all this time without permission? I can imagine if I would fly home now, what would I tell them at the airport? I don't even have a updated passport.

[pen1137]

please get hold of laurel or another recommended lawyer from here (pinkpig has a link in her signature) for a consult asap. you really should not leave the country or it will make matters worse.

your hardships can be worded to be extreme enough to get approved...keep fighting, they want you to give up.

[ukgirl27]

I went back and looked at your threads posted over the last year. You mentioned in one thread that a few attorneys didn't want to take the case etc. I wonder why? Your case seems so simple, why would it be denied???? That makes me think really hard what I should do, paying lots of money, waiting years, just for them to say no anyways. If you leave on your own, what do you have to show at the airport usa side/england side? Can you even leave without having to show them any paperwork or give any explanation why you have been here all this time without permission? I can imagine if I would fly home now, what would I tell them at the airport? I don't even have a updated passport.

when i leave i just get on a plane and will not be allowed back in for 10 years, unless we decide to do it from England.....My passport is valid until 2010 so it is still valid. My case is simple, i overstayed, went back for a family emergency but then came back 10 weeks later. They shouldn't have let me in but they did and now they are giving me the 10 year ban because they should have given me the ban when i tried to come back in.

We have no major hardships, well none that they would consider "major" We decided to wait on starting a family and buying a house because i didn't want this to happen and have a baby and a house....that would just be unbearable. So, we tried to say that in the waiver also, about not holding not having children against us but they obviously did. It also states in my denial letter that my husband who is a USC cannot be deported but if he chooses to leave the country then that will be his choice....can you believe that? What a choice to make...your family or your wife?!!!

This has been very costly for us up to now, we have spent around $3500 on this and the thought of spending more with no approval is very difficult!!
Edit:
please get hold of laurel or another recommended lawyer from here (pinkpig has a link in her signature) for a consult asap. you really should not leave the country or it will make matters worse.

your hardships can be worded to be extreme enough to get approved...keep fighting, they want you to give up.

I probably will but the thought of spending $7500 on lawyer fees, plus all of the filing fees, plus i will still be out of status whilst it is pending...meaning i cannot work, doing all this without a guarantee of getting approved seems very exhausting to me. I don't know if i can emotionally and financially handle this anymore...it is not about giving up it is about coming to terms with what happened. We have fought this for almost 2 1/2 years and i am no closer than i was 3 years ago:(

[angel]

Yes, ukgirl, I understand your point. If you are not allowed to work, and you have to pay more money to fight this with no real guarantee that you will eventually be approved, that is a lot to go through. Then, if you do go through it, and it doesn't get approved and you have to leave anyways you and your husband have to make a quick decision what to do, and if he goes with you to your country the question is does HE find employment etc. so the shoe would be on the other foot and you still have to make it work in your home country.
It is wrong to overstay, but for people who have no criminal record and just stayed here and worked/lived there shouldn't be so much hassle and money involved to fix the situation, and most of all to be banned for many years and ripped apart from there husband/kids and from the life they are adjusted to now. I haven't lived in my country for 18 years, and it would be very difficult for me to just jump on a plane and go back and live there, especially doing this on a quick notice. It is definetely something I think that the other countries and the states should look into, and come up with a more human solution to adjust someone's status if they would like to remain in this country.

[klaudialaw]

Ukgirl: try to talk to Laurel before you make a decision. I have faith that she will guide you to the right direction.

[constance_13]

UKgirl: I totally understand your frustration. BUT I would do ANYTHING to be able to live in the US and fight the fight. My Hubby and I have been fighting this for almost 2 1/2 years now as well but we have been living apart with him being the only one able to travel for very short visits. We also have a new baby who was planned because we did not want this immigration crap to dictate when and how we would start our family. Now I must say this is the hardest thing I have every had to go through and I NEVER saw nor planned to be a mostly single mom but we have no choice for the moment. I just pray it will be over soon!!!

I guess if I were in your position I could NOT imagine leaving......to go IMHO is far worse. I truly hope you think hard before giving up and flying to your home country. Once you go it could be much harder and then you will not be able to come back till it is resolved.

I truly wish you all the best and please do not take any of this wrong.....I just wish I had what you do....being apart from my hubby and family is so extremely hard and I would never wish any of this on anyone. Its crazy the hoops you have to jump through to be with your family. I too have no criminal record, no DUI's, Nothing, and yet for a simple mistake I seem to be paying an unbelievably huge price.

GOOD LUCK and try to hang in there.

[ukgirl27]

UKgirl: I totally understand your frustration. BUT I would do ANYTHING to be able to live in the US and fight the fight. My Hubby and I have been fighting this for almost 2 1/2 years now as well but we have been living apart with him being the only one able to travel for very short visits. We also have a new baby who was planned because we did not want this immigration crap to dictate when and how we would start our family. Now I must say this is the hardest thing I have every had to go through and I NEVER saw nor planned to be a mostly single mom but we have no choice for the moment. I just pray it will be over soon!!!

I guess if I were in your position I could NOT imagine leaving......to go IMHO is far worse. I truly hope you think hard before giving up and flying to your home country. Once you go it could be much harder and then you will not be able to come back till it is resolved.

I truly wish you all the best and please do not take any of this wrong.....I just wish I had what you do....being apart from my hubby and family is so extremely hard and I would never wish any of this on anyone. Its crazy the hoops you have to jump through to be with your family. I too have no criminal record, no DUI's, Nothing, and yet for a simple mistake I seem to be paying an unbelievably huge price.

GOOD LUCK and try to hang in there.

I understand what you are saying but this is the reason why we put off having a baby because we didn't want to be put in a position where we would be separated and have a child....I do not want to live like a fugitive and that is what i would be if i stayed here...even if we appealed i would no longer be in status and that means you can be deported, which is what i DO NOT want to happen. If i got deported it would make things harder for me to ever come back.

I could not live here knowing the fact that i might never get approved and i would never be able to visit my family in England ever again, I cannot pay that price. My Dad already had a stroke this year (he made a 95% recovery) but that also got my mind thinking...what happens when the day that my Mum and Dad cannot travel here to see me...what happens then? I would never see my parents again or any of my family.......Right now, if i leave without being deported I still have a chance if i go through London....I am 30 years old now, I have to start thinking with a clear head. I have to start facing this situation head on, I am not prepared to get pregnant and put a child through this...it is heart wrenching as it is!
Edit:
We are now considering going to Canada...that way, i will still be able to visit my family whenever i want and my husband will still be closer to his family and not have too much of a culture shock:) Has anybody done this?