I-130...stuck in Vermont???

lpdiver says on Apr 18, 2005, 06:28:

If it were me And I could do it,I'd move to Colombia and fight the battle from there. I would have fought very hard to keep them from having to leave; but , it is late for that battle. How long were they here? I assume they entered without inspection.


T

"cook some rice!"

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Cali2005 says on Apr 18, 2005, 07:25:

I-130 Processing Times-- Voluntary Departure If your husband has already left the country the I-130 will be processed, and then you or your husband will have your interview at the nearest consulate to colombia. The consulary process is different than just processing your I-130 in states.

The USCIS has changed the processing centers in the last 6 months. My wife and I live in the Miami area, and have seen our I-130 transfer from Texas, to San Francisco, and back to Miami. They told our attorney that they have been trying to redistribute the processing of paperwork around the country. Who knows what this really means.

I have had several friends which got their wifes back in the states within the 8 months, because their citizenship process was incomplete for some reason.

In some states the USCIS has very strict enforcement policies, and fighting deportation can be extremely expensive. Therefore processing times can vary from state to state in the U.S.

VOLUNTARY DEPARTURE:
From what I understand, VOLUNTARY DEPARTURE must be within 30 days or the alien resident (family member/spouse/boyfriend) will receive a 10 year ban from the US, unless you can get a waiver. NonVoluntary departure, (something you MAY get if you loose an Assylum case, or other Immigration court case), means you have a 10 year ban to get back in this country once you leave. IF YOU LIVE IN ATLANTA, DENVER, OR HARTFORD CONNETICUT THE 'NOW' ILLEGAL RESIDENT WILL BE PICKED UP BY ICE(IMMIGRATION CUSTOMS ENFORCEMENT), IF YOU LOOSE AN IMMIGRATION CASE. (THIS IS A NEW PROGRAM, 1 YEAR OLD)

Living illegal in this country is no fun, and unfortunately the US government is making lives of illegals more difficult since 9/11.

Finally, please find a good immigration attorney. http://www.aila.org/ is the website for the Association of Immigration Lawyers, and they can give referrals to you if you ask.

Please let us know how things work out for you.

GOOD LUCK!

Medellin Apartments and Tours http://www.MedellinApartments.INFO

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alexyy9 says on Apr 18, 2005, 09:38:

My husband was here for 1 year. He had no choice about staying/leaving, he was forced to leave otherwise he could have been deported and then not able to return for 10 years. Yes, he entered the US w/o inspection. Do you think that if I went to live w/ him in Bogota that it would jeopardize his ability to get the Visa? I thought that I needed to have a steady job, steady place to live, etc.

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lpdiver says on Apr 18, 2005, 10:44:

Your husband Jeopardized his ability to get the visa. You need to consult an experienced immigration attorney. Preferably one with experience with Colombia. This is not a self help type of issue.

T

"cook some rice!"

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alexyy9 says on Apr 18, 2005, 11:28:

We have one...she's handling the case for us...I realize that it's beyond our ability to handle it ourselves. But you're suggesting that we get an additional atty in Bogota to help us from there? Also, our understanding of his case, as described to us by our atty is that his case that led to the Voluntary Departure has been closed, he was granted VD, and that's that. The processing of the Visa petition is a separate issue, and the initial issue of being here w/o papers is, essentially, a closed case.

On another note...I realize this is way beyond a self-help kind of situation...but I am just trying to come up with options for our lives together.

Thanks for your words.

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lpdiver says on Apr 18, 2005, 13:07:

it is beyond my limited scope. What does your attorney suggest.

Tony

"cook some rice!"

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alexyy9 says on Apr 18, 2005, 13:32:

She suggests that we do as we are. We filed the I-130, included info about his case with Homeland Security and the VD, plus the normal petition info - pictures, letters to us in our apt, statements from our friends, emails to each other, from our families regarding the relationship, etc. But there seems to be a hold our our petition from the VSC w/ no info given as to why, so I am thinking it may be about his experiences here, and they are doing reseach on it? The atty said, no, they don't do research on the people and their doings when they are in the US.

L

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lpdiver says on Apr 19, 2005, 04:16:

alexyy9 I suggest that you simply wait and see. If you feel you must; verify what you are being told by your attorney. A second opinion may give you peace of mind; then again, it may make you decide to stay the course.

Personally, I would probably see what developed. I would have moved to Colombia to be with my spouse while waiting, but full custody of my child from a former marriage prevented me from doing so.

In my personal observations...if you are in a true marriage eventually he will be allowed to immigrate. There are of course exceptions and it will take time if you have to file a waiver of excludability.

Meanwhile you have time and the internet as a resource. Use them! I spent 1,500 hours researching my own case and was told by an attorney specializing in my type of case that my knoweledge was on or above his.

I don't claim to be an attorney; but no one was, or is as interested in my case as ME.

T

"cook some rice!"

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alexyy9 says on Apr 19, 2005, 13:45:

Thanks... I am looking into the opportunities available to me in my profession in Bogota...it's very important that I am with my husband...Best wishes on your case as well.

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lpdiver says on Apr 20, 2005, 07:10:

Alexyy9 Could you take an unpaid leave of absence from your work? I don't know your circumstances but if you can suppor yourselves I would jump at the opportunity to reside with my spouse in Colombia.

Additionally you would reap great benefits by being able to Direct Consular File if you are a resident of Colombia. I could not do this as I had full custody of my daughter and could not remover her from the U.S.

In theory you can DCF after being in residence for four months (in 2003 might have changed now) then return to the states. Worth looking into in my book.


T

"cook some rice!"

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alexyy9 says on Apr 20, 2005, 12:52:

It would be tough, honestly... to reside for more than 4 months in Colombia with my husband, that would be about all I could take off . I teach college and can only get 1 semester off at a time. I'm gathering steam in my personal work outside of school, too, so it would be difficult to leave and risk what I am building. I think timing's everything. Our stability depends on my ability to teach here. We're both artists.

I'm going to do my best, though. It's very important to make this work. Thanks again, I'll see what I can find on the Direct Consular File.

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stanmoonie says on Apr 21, 2005, 18:37:

huh? ...the relationship is very real, and very legitimate, but it seems that the timing/placement of the wedding ceremony is off

Ok I want to ask you one question it might sound stupid but how can the timing/ placement of the wedding ceremony be off? You don't remember the day you got married? or where? I can never forget the day I got married.

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