Visa and interview help

[jorgeper]

My wife was here in the US with a J-1 visa allowing her to work and I am a US citizen. We then got married and started filing for her permanent residency. Everything was approved and she was given an interview date of 3/10/08 in Juarez, MX. We went all the way down there, passed the medical exam and she went for her interview. During the interview, she was told that she overstayed her original visa and had to ask for a "pardon", which meant she had to remain in MX. I had to return to the US and she stayed in MX, we spoke to an immigration attorney who wrote a letter to the consulate stating their decision was wrong because she did not overstay her visa. The attorney was able to get my wife another interview, yesterday 3/18. The Consular officer told my wife that they were right in their original decision and that our attny. was wrong. I then called the US Embassy and was able to get her another interview with the Consulate in April, but that is still too long to wait. She could lose her job, her car and we may even lose our apartment since I cannot pay the rent with my salary alone. Has anyone been in this situation? Anyone know of a way to expedite this process?? Any help would be most appreciated. We already spent about $3000 since this whole thing started at the beginning of March.

[rosestroup]

I think that if she is married to you, a US citizen, her overstayed would be forgiven. That is so weird!

[jorgeper]

Visa help

That is exactly what everyone says, including our attorney. They don't care if we are married and are sticking to their guns.

[rosestroup]

However, your case was based on consular proceedings. Why you did not adjust her status while she was in the US?

[PraetorianXI]

Are you sure that the visa was IN FACT, not overstayed? do you have evidence of such?

If a person is undergoing AOS (I-485) in the USA, and is married to an US Citizen. Any overstay and illegal employment will be forgiven... BUT, THE PROBLEM IS in the fact that they left the USA, and an overstay of 180+ days, will trigger a 3 year ban from coming back to the USA... That is not forgiven, it must be waived, but it is not automatic.

[jorgeper]

Visa help

Yes, we have proof that her Visa was not overstayed and that is what our attorney is fighting. She just escalated this to the State Department and we are hoping that something will be done. However, the State Dept. cannot force the consulate to issue a Visa immediately.

To answer the other question, we left to go to Juarez because that is where the Natl. Visa Center told us that we had to go, as that is where my wife's interview had to take place. If we had known this was going to happen, we would have never left the country.

We are both tax payers and I am a member of law enforcement and a former US Marine. You would think that being such would at least grant us some leniency, but I guess not.

[PraetorianXI]

That is where the problem lies... you DID NOT have to go to Mexico. Your lawyer should have notified NVC that you were doing Adjustment of Status in the USA. Period.

[knowledgeable]

Welcome to ...

... America!

Sorry buddy, it's just the way things work. Attorneys should be working for you, but most of the time they just don't care to give you the valuable information.

At this point your best hope is to talk to your state's senator's offices and plead with them to help you out. Many a time they're very helpful and do wonders.

In addition, your local representative (www.House.gov) will also be glad to help you with your issues.

Good luck to you and your family. I don't want a law enforcement personnel & an ex-marine to lose faith in America.

[jorgeper]

Thanks knowledgeable

The good thing is that I have friends in high places. One of my buddies is a high contributor to President Bush's party. He knows him and Sr. Bush personally and wrote a letter straight to the White House asking for an appeal in our favor. Although I will hold back my personal opinions about our fearless leader, I hope that he can do something to reverse their decision. I will never lose faith in my Country, no matter what. I served and loved the US of A just like any other member of the Corps. It is just frustrating that after we have tried to follow the protocol and fly by the straight and narrow we are getting so screwed. If we had chosen to for my wife to actually overstay her original Visa, then she would be an illegal, but we played by the rules and it backfired on us. I am just looking for a solution because she is still stuck in the hellhole that is Mexico and we are both desparate for her to be home....

[peace]

jorgeper

Your case is interesting.
Your case was sent to consulate in mexico because J-1 holders CANNOT adjust status in USA even if they marry a USC, unless they get a waiver. Your attorney should have advised you to get a waiver before filing I-485.
J-1 holders are required to spend 2 years in home country after their J-1
is over before they can enter US again. Unless they get a waiver of the 2 yr requirement.


Are you sure they were talking about an overstay or a J-1 waiver?

[anagregory]

I just want to say that I don't know much about immigration but in my case I was a J-1 holder, I was not required to stay for 2 years in my home country after my visa expired, and I had work permit, I met my husband while I was a J-1 holder, we got married in June 2007, we filed for adjustment of status in the end of July, had my finger prints taken in September, sent request for initial evidence in November, had my AP and EAD in January had my interview in March 10 and they sent me the I 130 approval, Welcome notice in March 15 and in March 20 got my GC by mail.

[jorgeper]

Update

Well our attorney was able to prove to the Consulate that they incorrectly denied my wife's Visa. She got another interview with the head of the Consulate and was granted her return Visa. She is now in El Paso waiting for her return flight.

Thanks for all those that took the time to answer.

[PraetorianXI]

Well our attorney was able to prove to the Consulate that they incorrectly denied my wife's Visa. She got another interview with the head of the Consulate and was granted her return Visa. She is now in El Paso waiting for her return flight.

Thanks for all those that took the time to answer.

Congratulations! I am glad the faith in America was not lost... and that she will be able to come back... enjoy her return