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Author Topic: Just when you thought things could not get worse!  (Read 2899 times)

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Offline viking

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Just when you thought things could not get worse!
« on: July 22, 2010, 07:40:51 PM »
In another thread I was talking about how to get my wife her AP sooner, so that she could go back to her home country to accompany her son to his K-2 interview.

Guess what? Things just went from bad to absolutely worse.

When I called the Warsaw embassy, to see about lead times to set up his interview, I am told they have no record of her son and the file is closed. Period. "He cannot go to the US". A direct quote. Try calling the Department of State. Are you freaking kidding me?? No amount of discussion could change anything. Her file is out of their hands.

Now he was clearly listed on her original 129 petition, was included in an email from the embassy telling us that they have received the petition from the NVC and further listing his name on their letter to her on the schedule for her interview. But...they have no record of him.

I called the DOS. No help. They dont have any file from the embassy. Call the NVC. I call them and was told that once the file is sent to the embassy, they are out of the loop. Call USCIS. I call them. They dont know what is happening, have no clue about anything but...we will get back to you.

I put together a letter with all supporting documentation showing that the embassy is clearly at fault and go visit my local congressman. They are sympathic and will try to see what they can do. But it can take 4-6 weeks. I think we are screwed. If this cannot be fixed in a shorter time frame this boy will age out and never come here. What that will do to my marriage...I shudder to think. To be separated from her son for 10 years or so will truly be a disaster.


Tom Hanks in Castaway: You never know what the tide may bring in.
Viking: But you still need to walk along the beach to find it.

Online Faux Pas

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Re: Just when you thought things could not get worse!
« Reply #1 on: July 22, 2010, 07:49:52 PM »
Viking

If you are going to make some calls and the politico rounds I would suggest to you to contact your U.S.Senator's office. Very likely he/she has a liaison staffer for just such eventualities whereas your congressmen likely doesn't and would only make a couple of calls. I had some problems and my Senator's office actually built a file and worked it. My congressman was a complete waste of time

Offline Jooky

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Re: Just when you thought things could not get worse!
« Reply #2 on: July 22, 2010, 08:25:45 PM »
Quote
If this cannot be fixed in a shorter time frame this boy will age out and never come here. What that will do to my marriage...I shudder to think. To be separated from her son for 10 years or so will truly be a disaster.

Hello Viking,

I don't know the full story, but I suppose your son-in-law will be turning 18 soon?

Why wouldn't he be able to come to the US after turning 18? Also is your wife not able to travel? I'm a bit confused with the situation. It's not that difficult for a young student to come to the US. There are programs your son-in-law could apply for if he wanted to spend some time studying or working in the US for a while and be near his mom.

Offline Blues Fairy

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Re: Just when you thought things could not get worse!
« Reply #3 on: July 22, 2010, 08:48:07 PM »
What that will do to my marriage...I shudder to think. To be separated from her son for 10 years or so will truly be a disaster.

What to you mean by "separated"?  She can still travel and meet with him in Belarus or in third countries, or he can get a visitors' visa, or she can petition for him when she becomes citizen; a myriad of possibilities.  Some children leave home at this age to attend college hundreds of miles away from home; how do parents survive the "separation"?  Or was she planning to keep him close-by for his entire life?

Offline ECOCKS

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Re: Just when you thought things could not get worse!
« Reply #4 on: July 22, 2010, 10:02:08 PM »
You need to calm down, take a deep breath and get a lawyer. It'll cost money but it gets you a knowledgable manager for his situation.

Yes, contact one of your Senators. The good thing about at least one, if not both of them, is they aren't in the middle of a re-election campaign right now.

Worst comes to worst, file a sponsored immigration petition for him.
Pick and choose carefully among the advice offered and consider the source carefully. PM, Skype or email if you care to chat or discuss

Offline viking

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Re: Just when you thought things could not get worse!
« Reply #5 on: July 23, 2010, 05:26:20 AM »
She wants him here in the US. It would be a better life for him than back home. I gave quite a bit of data to my congressman. I think I will wait a day or two for some feedback before getting the senators involved.

EC. Is asking more than one politcal types to be involved creating a conflict and more of an issue than just one working on the problem?
Tom Hanks in Castaway: You never know what the tide may bring in.
Viking: But you still need to walk along the beach to find it.

Offline viking

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Re: Just when you thought things could not get worse!
« Reply #6 on: July 23, 2010, 05:28:49 AM »
Jooky

He is 20 and turning 21 this Novemebr. He is not a student. He just finished his tour of duty in the army and now will need to find some work over there....or here.
Tom Hanks in Castaway: You never know what the tide may bring in.
Viking: But you still need to walk along the beach to find it.

Offline SMS60

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Re: Just when you thought things could not get worse!
« Reply #7 on: July 23, 2010, 05:36:50 AM »
Whoa....Not very good and I think you know this. Whats bad is one person cannot change this or make it happen. If your Senators office knows there is a mistake they must prove it to another department who then must show it to another department and so on. About 5 different agencies will have to agree.

If your wife can be patient things will work out. It could be what is needed to cut the embilicol cord.

If Im not mistaken,(someone correct this if it is wrong), 3 years after she is issued a GC she can apply for citizenship. As long as she stays married to you for the 3 years. She could then petition him to join her as long as he is not married to another non US citizen.

You could end up putting more than 3 years of effort fighting this even with a lawyer. Allow the process to run its legal course.

To be blunt Viking. This might be the test to see if she is committed to you. I can see an enormous amount of time and energy being put into this for most likely nothing. The time and energy should be put into you marriage and relationship. I feel for you. If your wife cannot think with a clear head and be patient it will destroy everything.

I guess what Im trying to say is your energy needs to be put into the marriage instead of trying to please your wife with a next to impossible task. The man is 21 years old and wants his own life hopefully your wife will come to realize this.

Good luck, because you do have a heavy burden on your shoulders.
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Offline viking

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Re: Just when you thought things could not get worse!
« Reply #8 on: July 27, 2010, 08:20:02 AM »
An update.
Today I received a letter from my congressman with an attachment from the Warsaw embassy showing that they are opening a new file for her son as a K-2 derivative of his mother. wonderful news. I cant believe how fast that went. I guess the embassy realized thier error.

SMS60

I hear you. She and I discussed this and her bottom line is that if he could not come, or did and wanted to go back, she would still remain here with me.
Tom Hanks in Castaway: You never know what the tide may bring in.
Viking: But you still need to walk along the beach to find it.

 

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