hi to all!

[lyn21]

hi to all! this is my first time to post and my first day to be a member.

today i went to a lawyer and asked about my husband's case.
first he is not mexican he is from philippines, however he crossed the border through mexico. he did and made is safely here.
he have been here illegaly for a year and 3 months.we got married in the philippines before he even cross the border.
yes totally insane of me of letting him cross the border.
i am an american citizen, i should have file for him base on our marriage. well anyway it happened already andi cant turn back the time.

today the lawyer told me that there is no way that he can adjust his status here without going back to his country, i dont want him to do that because i know it will take time and perhaps more than 10 years, because he have been for more than a year,
the lawyer said after they deny the application, i will file a waiver for him.

so guys do you think i should really file now for him called I-130 and take it from there,
if i have to file a waiver i cant think of any reason why he should stay with me while waiting for the visa.
i am healthy , im financially stable, i earn good, i provide things for us, lucky if he can get a part time job and share some bills,
i can only tell that we love each other, and that we want to be together, and that he wont have a job in the philippines, that he is very poor in the philippines so thats why he has better life here with me. that sucks!
knowing that i will be given a chance to file a waiver but i dont have reasons.so is there anyone who can help?
thank s a bunch and any advice will be appreciated.
ms.lyn

[Shrek]

Here is a link to a lawyer that is a friend to this site. On the 6th page You will see what she has to say about waivers through Manila. Basically, don't let him leave the country. It is very difficult to get a waiver through Manila. Good luck and welcome. http://immigrate2us.net/forum/showthread.php?t=100

[lyn21]

thank you for sharing some information to me, that could be a lead.
i will check it right now, i will let you know, thanks!
thanks, i appreciate your kindness.:wave:

[Shrek]

We are here to help each other. These immigration problems are mind boggling.

[meesh]

Welcome to the site! It has been very helpful to me, providing so much information and support. There are many of us in your situation, with husbands who entered without inspection. On Wednesdays, Laurel Scott (Attorney) has a free online chat that you might want to participate in. She specializes in waivers, so her advice might be helpful to you. The chat takes place at 11:00 Central on www.visacentral.net. Good luck!

[Cynthia]

welcome, lyn21. Unfortunately, yes, Manila has quite low approval rate if not hard-to-get-an-approval... :( But, when there's a will, there's a way, right? :) We're here to help in any ways, immigrations or just vent to out, we're here... :)

Do look into the Stickys as well in preparation for the waiver. It helps...

[MistyB]

File the I-130. The waiver will be submitted through Bangkok I believe. If you check out Pinkpig's list you will see some people that have gone through Bangkok.

If I am not mistaken, he needs to leave the US. Course I am not an expert.

[Pinkpig]

hi to all! this is my first time to post and my first day to be a member.

today i went to a lawyer and asked about my husband's case.
first he is not mexican he is from philippines, however he crossed the border through mexico. he did and made is safely here.
he have been here illegaly for a year and 3 months.we got married in the philippines before he even cross the border.
yes totally insane of me of letting him cross the border.
i am an american citizen, i should have file for him base on our marriage. well anyway it happened already andi cant turn back the time.

today the lawyer told me that there is no way that he can adjust his status here without going back to his country, (Your lawyer is correct. Because he EWI he has no legal status in the US) i dont want him to do that because i know it will take time and perhaps more than 10 years, because he have been for more than a year,
the lawyer said after they deny the application, i will file a waiver for him.

so guys do you think i should really file now for him called I-130 and take it from there,
if i have to file a waiver i cant think of any reason why he should stay with me while waiting for the visa.
i am healthy , im financially stable, i earn good, i provide things for us, lucky if he can get a part time job and share some bills,
i can only tell that we love each other, and that we want to be together, and that he wont have a job in the philippines, that he is very poor in the philippines so thats why he has better life here with me. that sucks!
knowing that i will be given a chance to file a waiver but i dont have reasons.so is there anyone who can help?
thank s a bunch and any advice will be appreciated.
ms.lyn


Here is a bit more information for you: https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=mna&OfficeLocator.office_type=OS&OfficeLocator.statecode=abk

Waivers from the Philippines are adjudicated in Manila.

Here is a list of I2US members who have filed in Manila:

Shanna Manila Fiji Approved ? 1-May-05 CIMT S Law approved after prior denial

SaKIOLo Manila Manila Denied 6-Jan-05 8-Apr-05 Over S I2U

Momof2 Manila Manila Approved Y 27-Feb-06 12-May-07 Over S-I filed 2/27/06, denied 5/12/06, June 14,
2006 appeal filed, May 14, 07 approved after denial and appeal

acc9852 Manila Manila NYF F/M S I2U

I hope this is helpful for you.

[MistyB]

I stand corrected! Pinkpig is thorough as always! *bows*

[Pinkpig]

As I understand everything your lawyer is correct with what he has told you. I am far from an expert in immigration. I have found out that there are few experts and the best thing to do is to gather as much information as you can from all different sources and then you will be educated as to what needs to happen. In this way you will be better equipped to make decisions that will affect your life in a huge way for the next several years and beyond.

Because your husband EWI (Entered Without Inspection) and then overstayed by more than 365 days, in order to get his greencard he will have to have his interview at the consulate overseas. He cannot adjust status without leaving the US.

He will be told by the OIC ( Officer in Charge) why he is being denied the visa and given instructions on how to file the waiver to overcome the 10 year bar.

He will have to remain outside of the US until the waiver is adjudicated and the petition is approved and his passport is stamped with a visa allowing him to enter the US legally.

I do not know how long it will take or how strong your hardship waiver packet needs to be but everything that I have read leads me to believe that you will need a very strong waiver package and that your lawyer knows what he is talking about at least from what you have posted here. I would definitly want a lawyer that has experience and success with previous cases through Manilla.

[Pinkpig]

I stand corrected! Pinkpig is thorough as always! *bows*

No problem. I am just here to share my experiences with everyone and I know that you are here to do the same. We all want to help others get through immigration and it is the culmination of all of our ideas and experiences that makes this site so strong. I appeciate your service to this site and to others. Take care. :thumbup:

[moeaboelela]

Manila has a very low approval rate, I think its better if you can find another country that he could live in and apply through…I would recommend any “rich” European country where the approval rate is much better…
But my advice is do not just ask him to leave before you do your extensive homework…

[Pinkpig]

Manila has a very low approval rate, I think its better if you can find another country that he could live in and apply through

…(I think Laurel mentions this...would you consider doing a consult with her or maybe ask her on her free chat on Wednesday at 9 am PDT. A second legal opinion would be a good idea.)

I would recommend any “rich” European country where the approval rate is much better…
But my advice is do not just ask him to leave before you do your extensive homework

…(I so agree with this...do not let him leave until you know exactly what you are doing and why!)

[MistyB]

Manila has a very low approval rate, I think its better if you can find another country that he could live in and apply through…I would recommend any “rich” European country where the approval rate is much better…
But my advice is do not just ask him to leave before you do your extensive homework…


I think that's a stereotypical thing to say about "rich" countries. You cant really make a generalization like that. Peru isnt the richest country but has a good approval rating. Also Mexico isnt very rich but has a great rating.

[MistyB]

Pink, you are pretty knowledgeable about all of this stuff! :thumbup:

[kitkat1]

I agree with PinkPig 100%. You can go ahead and file the I-130 but when it comes time for the interview, he will have to return home. Manila has very low approval rates, but that doesn't mean it's impossible. It only means that you should seriously research before you begin your hardship letter and consult with a few qualified immigration lawyers to be sure you are on the right track. Also read through the hardship letters here and Laurel Scott's guidelines are her website www.visacentral.net.

[Coventrated]

The OP's other thread is quite informative.

[Pinkpig]

Manila has a very low approval rate, I think its better if you can find another country that he could live in and apply through...
But my advice is do not just ask him to leave before you do your extensive homework…

OP (Original Poster),

Here is Laurel's information from her memo:

http://www.visacentral.net/I601Memo.pdf

It would be a good idea to go to her site and read the entire memo.

What can be expected from different Offices?

The greatest factor in predicting whether a given waiver will be approved is where it’s filed. This factor is more important than any hardship argument or the ground of inadmissibility. If a client is currently in the US and is trying to decide whether to attempt the I-601 process abroad counsel must consider where the I-601 is being filed in order to properly advise the client. Because the standard at the different offices can change depending on who is currently serving as the OIC, and because the OICs are replaced every few years, I have elected not to give descriptions of the different offices in this memo as the information may be outdated a week after it’s posted. Nonetheless, it is very important to contact other attorneys to learn as much about a given office before preparing the waiver or before sending your client out of the country to voluntarily attempt the process. Some current information on the different offices may be found on my website www.visacentral.net.


Consulate Shopping
If filing at an office other than the alien’s home country, it is possible to encounter problems getting the client a visa to enter that third country. If it’s Europe, keep in mind that for European Union (EU) countries, there are certain nonimmigrant visas that if issued by any EU country, are honored by all EU countries, even if another EU country has denied the alien a visa before. Contact the US consulate of that country to make sure the client doesn’t need a visa from that country.
Most consulates will not take waiver cases for third country nationals unless the client resides in that country. The major exception is the “homeless” case where the US has no consulate in that country and no one specific consulate has been designated for nationals of that country to go to, OR the alien is stateless. If the client has a credible fear of returning to his/her home country, it is reasonable to contact many consulates to investigate which of them might take the case. Contact the consulates directly to ask, or work with the National Visa Center (NVC) when the case is at that point in the process. If Counsel has an opportunity to inquire at many consulates and the NVC assigns a consulate Counsel doesn’t want to work with, contact NVC and make a request for a specific consulate. Bear in mind that filing in Canada is not necessarily the best option due to administrative problems in Vermont. Also keep in mind that EU nationals can often live and work in another EU country fairly easily. Juarez has a policy to not take waiver cases for third country nationals unless the client has legally resided in Mexico for one year prior to the interview.
If the alien and qualifying relative approach the attorney prior to marriage and the alien is from a country that does not have a high approval rate for waivers, consider having the clients marry in a third country with a more favorable approval rate and file for a K3, going through consular processing in that third country. According to 9 FAM 41.81 N3(c), this is an option.

[Pinkpig]

The OP's other thread is quite informative.


Hey Cov,

I am not making the connection...:blush:

Would you please post the link...

I am off to find what you are talking about....

[Pinkpig]

Hey Cov,

I am not making the connection...:blush:

Would you please post the link...

I am off to find what you are talking about....

DUH! OK I found the OTHER post: my name is bianca lyn my nationality is filipino but now i am using u.s passport. how? i dont know i was a kid when my mom applied for me. but grew up in the philippines and china complicating huh!

Bianca Lyn,

Are you a USC? Yes or no?

[lyn21]

to all of you who have shared things to me, thanks a bunch. i feel like we are family who are helping each other. today im just at home and i will go to all the website you all guys gave me. and read all the messages. after i do the house chores i wil surely do as what you guys told me. thank you so much. i cant believe that i will receive a lot of reply.

i wish you the best too.
sincerely yours,
lyn21

[Coventrated]

DUH! OK I found the OTHER post: my name is bianca lyn my nationality is filipino but now i am using u.s passport. how? i dont know i was a kid when my mom applied for me. but grew up in the philippines and china complicating huh!

Bianca Lyn,

Are you a USC? Yes or no?
It did get better, I liked the bit about flying to Mexico via Amsterdam and then hopping the border.

And all the time there was a legal route.

[aprilstorm]

Welcome to our family!!!

[lyn21]

to pinkpig,ratito,kitkat,moebelela,shrek and to others who have shared infor to me, thank you so so very much. i hope you wont get tired of me.
one thing i promise that if someday my husband was able to reside here with me legaly, all of you will get a gift from philippines because that is the first thing i will do to travel there and relax. you guys are really great and really giving me ideas. i will also share everything i know. if i can.

now im making friends with a criminal lawyer, she is a lady who is so nice to me very nice to me like you guys. i actually dont know what to do anymore.,

when he crossed the border in mexico ofcourse he has visa but now expired, i was thinking if there is any way that he can aply for visa again there and pay the fee for being over stay, and then when i found out that he could do that, find a way if being filipino and having a tourist visa is going to be advantage for him to simply stay there, yeah im willing to support him there in tijuana so i can easily see him everyday if i can perrhaps going to work from there and taking care of the business here , sound silly i dont think i can drive that long everyday .
pls help me to find out guys.
if he can apply a visa from mexico even he came there and never extend his visa. he only have 15 days there so he was illegal technically in mexico for 1 year and more. for sure they know he is here because im usc. what if he can, how about the waiver. oh my god am i asking clear? because my mind is somewhere. i will continue to ask later., thank you again.:innocent: