HELP disapproved

[phrogman009]

Help... My wife just got disapproved for her I-130 do to the fact that I made a mistake by trying to bring her illegally 2 years ago. I'm in the military and had a short time before i deployed. So i had her try to come in illegally. She was removed once then tried again and got removed again. They told her, that she was unable to summit a waiver till 2016. I'm hoping that some one can guide me or direct me to the right place to appeal this 10 year wait. She is 2 months pregnant and we want to have our baby in the states. Please help us.......she was never in the US. she was removed trying to come in to the US.

[Flower]

so, she came twise illigally?

[Laura]

Phrogman - when you say she was disapproved for her I-130, do you mean she went to her interview in Ciudad Juarez and they denied her visa and said she isn't eligible for the waiver until 2016?

Also, are you saying she entered the U.S. without inspection (EWI) once, then was deported and then entered again? Can you provide the details? When did she EWI the first time, when was she removed and how (caught and released on the border or picked up in the U.S. and deported?) and then when did she re-enter?

If she EWI, stayed in the U.S. more than 365 days, then left and re-entered EWI, or if she entered the U.S. EWI, was removed/deported and then attempted or successfully EWI again, there is nothing you can do. She falls under what is called 212 9(c), which states that she has a lifetime bar from the U.S. with no waiver available for 10 years. She cannot enter the U.S. to have the baby or be granted any visa.

It's possible that they misinterpreted the law, but we need to know her history of entering and leaving the U.S.

[phrogman009]

she was caught trying to come across the border. She never was in US soil. She was once caught with a visa that didn't belong to her and the second time 4 days later trying to come through the hills.. we had our interview on the 4th of Oct. The interviewer were really nice to her. They said that everything paper work was good but she had those to removals on her record.

[Laura]

Hmmm... When did this happen?

So she tried to come in the first time with a visa of someone else, was detained and formally deported? And then she attempted EWI a few weeks later? That is 9(c). EWI attempt after a formal removal. No waiver for 10 years. I'm so sorry.

[phrogman009]

this happened in Jan 06. We were told that there might be a a way to had that paper appealed since i'm in the military. I'm having a hard time trying to juggle between Iraq and seen my wife.

[Adriane]

You might want to contact member IBMMuseum- he's military and jut got through getting a waiver for his wife. But she didn't EWI after a removal and was eligible to file...

Also Danny13 (I think) took his wife abroad with him when he was stationed in Japan- she was legally able to go there even though she was't able to enter the US.

Good luck.

[IBMMuseum]

You might want to contact member IBMMuseum- he's military and jut got through getting a waiver for his wife. But she didn't EWI after a removal and was eligible to file...

Right about the military, wrong about the waiver (we never had illegal presence or anything else that would have required a waiver). Our only time in CDJ (the Consulate itself) was for K-3/K-4 interviews (there are kids too). We rescheduled the CR interviews a few weeks back because having just moved the family here in late July we are still merging all of the family stuff.

Plus it is our two-year anniversary in a couple weeks (does CDJ really prepare for CR instead of IR this close?)...

Also my unit is mobilizing for Iraq close to my anniversary, but I'm taking my retirement after 22 years for "time served" away from my family...

Sorry USCIS, you lost the race for me...

Even though you had a 20 month headstart...

[Adriane]

Sorry, IBM, I thought you were a waiver-filer too.:innocent:

[IBMMuseum]

this happened in Jan 06. We were told that there might be a a way to had that paper appealed since i'm in the military. I'm having a hard time trying to juggle between Iraq and seen my wife.
[Virgil 'The Turk' Solozzo voice, from The Godfather]:
"I am going to talk Italian to Mike"...

Do you have her listed as your dependant in the military records (besides being an SGLI beneficiary, you can get a paid policy for her up to $100,000, and once your child is born, $10,000 in automatic coverage for him, free of charge)? Get your command on board as much as you can. Also start contacting your Congressional representatives, because in the end it might take their involvement (or at the Attorney General level, for an "alien otherwise unadmitable").

Talking points: She is due a dependant's ID card. If you are deployed how safe will her and your child be? The only reason you tried to have her EWI was to unite the family quicker.

I don't blame you at all, I was almost in the same mental frame of mind as you. Frustrated that we wasted months because some pencil jockey at MSC denied a K-3 petition on a technicality, when I had a letter in the packet about my upcoming deployment. But just to grit my teeth because I knew in the back of my mind that it could be kinked up even worse if I made a bad decision.

I started talking Italian, and ended talking immigration...

[phrogman009]

Thank You IBMMuseum, Congrats on you Retirement it is well deserved . I only have 9 years to go. She is already covered under my SGLI she has been covered for almost 2 years. I spoke to my Commanding Officer and hopefully we can figure out some way to fix this problem. As far as an ID card I really can't get her one since she is not allowed in to the States. Thank you again.. If anyone can guide me on how to write a good letter to my Senator and Congress i will be a step closer to be next to my wife .

[IBMMuseum]

...As far as an ID card I really can't get her one since she is not allowed in to the States...

This was a major beef with me while we waited for my wife to be legally admitted to the United States. I even scheduled an Infopass in part to say that she would need an escort onto Ft. Bliss to get an ID if her visa was denied. If you are Active Duty you might seek out your Legal Assistance Office to find out what, if anything, they can do.