bangkok-australia overstay waiver

[douginguam]

I have so much enjoyed learning from all the contributors to this site on thier past and current journies. I would like to share some of my learning as I start on my own voyage toward seeking a waiver. So much remains uncertain for my lovely wife and children as we follow the path travelled by so many before. At least (via the internet) we now have an additonal family to share this (incredibly impassionate) path with. As of today I don't think I have anything to add - sorry. I took the time and effort to become a US Citizen (Naturalised 15 year Guam resident) and have now recieved the I-130 approvals for my wife and Oz son. The great sharing of this site has prepared me (though my mind is unwillling) for all the time that follows toward reaching my sole goal - uniting my family in Guam. I hope INS/DOJ find in their hearts to accept that my lovely wife's overstay should not destroy the life that I can have (need) with my three US citizen sons and their two year old aussie brother. My only (god seeking) question is whether if my wife swears that she is subject to the 10 year bar (as she must), whether that can be adjudicated (or accepted and immediately waived) at visa interview. If it cannot be dealt with then can anybody tell me why the DS230 questionnaire doesn't save us earlier - it costs a lot to transport a wife and two kids from Melbourne to Sydney (700 km) to be told NO!

[Aussie-Amero]

Hi Douginguam...curious about your situation. I am researching everything I can about waivers via Bangkok. Have you been told yet that you must file a I-601 yet from the Syd Consol? Are you doing this yourself or using a lawyer ?
You know Melbourne has a US consulate who can accept immigration applications. Have you checked if you are required to be present for the final interview as the sponsoring USC ?
Cheers pete

[Cynthia]

The USC presence is not required (on all phase) provided all the forms (original forms/signatures and not Xerox/faxed) are signed. Unless specific embassy/consulates has different procedure on that ( that the USC MUST be presence), that's a different thing that I'm not aware of.. :).

[MistyB]

I had to be present with my ex when we did the DCF in Stockholm. The intial filing of the I-130. I did not have to be with him when he submitted the waiver though.

[douginguam]

Hi Pete (Aussie-Amero)
I am using a lawyer - but I'll also tell you that I feel the absolute need to understand every step I am taking with or without a lawyer (I would not have got this far if I hadn't).
We have not yet got to the visa interview stage. The I-130 (approval 6-29-07) is still wandering its way to NVC. I'm hoping for interview around Sept 28based on the information I have been able to glean about the red tape timeline.
I will be present at the interview (even though I have to travel much further than from Melbourne) and, it has to take place in Sydney
from - http://canberra.usembassy.gov/consular/ivfaq.html
1. The Consulate in Sydney is the only U.S. immigrant visa processing post in Australia.
2. For fiancé(e) and family-based visa applications, if the U.S. citizen is in Australia at the time of the applicant’s interview, we urge him or her to attend the interview with the applicant.

[tonyr7]

hey doug
its a long road but dont lose faith
its correct that sydney is the only post in australia that processes visa apps
and as the petitioner, if you are down under at the time of the interview it is within your rights to attend
the folks in sydney are very helpful and friendly just make sure your wife has everything in order i got the impression they dont like time-wasters
another tip prepare your wifes I-601 package beforehand and take it to the interview you can file it the same day and be sure to make the money order payable to US Consulate Sydney not DHS
my wife had sent money orders from the US and sydney wouldnt accept them
good luck