American Soldier needs help with Visa (wife about to be deported) Please read.

[Slings_and_Arrows]

Gentlemen,

as some of you may know, I recently left the military. Well, naturally, I still have many friends and contacts there; one of which is currently stationed in Iraq.¦nbsp; He is a pilot with very little to few contacts in the U.S. at this time, but he has asked me to take his story and see what info I can get for him. He is on a very time senstive crunch, so we have to act fast. Below is a direct copy and paste email he sent myself and his two other buddies back state-side.¦nbsp; Please read below, and advise on what best course of action to take in this matter. How can best advise him? or what can we do? thank you.
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guys,


As i'm sure all of you know, i am in Iraq. But what you probably don't know are some of the things going on in my personal life. Normally i would not air this kind of laundry for public display, but i need all the help i can get on this one.¦nbsp; Please, I'm desperate and going nuts here. ¦nbsp;

So here is a little background to start. I met my wife 3 years ago, we were married in the Philippines shortly after. In December 2003 we began the immigration process by submitting for her permenant immigrant visa. Then we submitted for a non-immigrant temporary visa. In late september 2004 the non-immigrant visa was approved, and in october 2004 she came to the US. In july 2005 we had our baby girl, Sophia and still no word on the immigrant visa. Her non immigrant visa is good for two years from the date of issue, early september 2006 is the expiration. In march 2006 we finally received word from the INS (now a different agency the USCIS) that we needed to submit some final documents for the approval process of her immigrant visa. Due to a delay in waiting for past income tax records, we only submitted these papers a few days ago. Before submitting them, my mother, who is helping ot handle issues for me while i am deployed, called the INS to find out if she had everything in order to be submitted. They told her yes, and also told her it would take 2 to 4 weeks for the final approval from the National Visa Center and that they would forward the approved packet to the US embassy in manila for issuance of her immigrant visa.

Now this is where things go south. We obtained her non-immigrant visa with the understanding that she would be able to stay in the US until the completion and issuance of her visa from a local agency. This would be true had we filed yet more paperwork for an adjustment of status to lawful permenant resident. We were never told about this until 3 days ago. In my research it no where directly connects the two packets until one is completed, the immigrant visa. Also an adjustment of status takes, at a minimum of 6 months to process, and that is if we submitted it today, which is totally impossible, due to the requirements for submission, ie, an approved immigrant petition. Also there is the fact that her visa will expire before her adjustment would be finished, not to mention the disconnect time it would take to transfer the packet back to the US from the Philippines. What this basicly boils down to is that my wife will essentally be deported in 4 months back to the philippines, to run through the same process for her immigrant visa again, interviews, medical exams, ect.

Now it gets really ugly. As you guys know, we have a 10 month old daughter, if my wife is sent back to the philippines in september, i will still be in Iraq, leaving nobody to care for our child. Sophi is an american, and that means she can only visit the philippines for as long as i can, 21 days, without a visa. This rules out the possibility of her taking Sophi to the philippines with her to finish processing.

So now that you know the whole story, i'll get to the latest situation. When i learned of this, i immediately informed my chain of command. We had documents forwarded here so that we can establish how long this time line is exactly, and where the gaps are. I have contacted the media back in colorado, as well as Senators in Washington DC, Wayne Allard (Republican), and Ken Salazar (Democrat). I am trying to draw as much attention to this particular case as possible, but i need public support for it. I need as many people as i can get saying that this is an complete and utter disgrace to the immigration system. That the country can send someone to fight in a war, but then to have his wife removed from that country due to burecracricy, and red tape. This is not right, no matter how you look at is. Haven't we already sacrificed enough coming to Iraq, being seperated from our families, to have then torn apart by our very own country?

If there is anyway at all you can help, or any advice you have to offer, i am always here. I am a complete wreck emotionally, over this, and my leadership here has pulled me from flying duty, until this matter gets resolved. The best way to help is to contact the senators i named before, to contact the media, if anyone is or knows an immigration lawyer, I need help.¦nbsp;

Thank you so much, you guys all been so wonderful and supportive of me so far; but now is when I need you guys the most;¦nbsp; not really me, but my little girl and my wife.

 you are my closest of friends.

[BC]

Try finding/contacting one of those embedded reporters over there.

[jb]

I don't think your soldier is all that bad off.  I do think he needs to contact an attorney ASAP to file the I-130 (for AOS).  Once the little wifey has the receipt for that filing then she's still "In Status" until the GC interview, hopefully husband will be home by then.

[Jet]

Slings,
This is not nearly as big a thing as he is making it out to be, if I understand the situation correctly. She is in the US on a K-3 (I-129)visa awaiting processing of her CR-1 (I-130). If she has the I-130 reciept, the marriage certificate and translation, etc... then all deportation proceedings will stop as her status in the US will change to "pending adjustment" once MSC acknowledges reciept of the application. I would have his Mom double chck this information with an immigration attorney to be positive (may run $50 for an initial consultation-but worth it in this case).

Also, why would they ship this info to Manilla Embassy if she is in the US? Have her file an AR-11 ASAP (change of address) and contact the USCIS 800# to be certain it goes either directly to her in the US or the local CIS office.

Good Luck to them

*warning* I have changed this post from it's original form after re-reading and re-checking info provided.

[jb]

Jet,

I'm sure you are right, there is probably an I-130 floating around out there somewhere.

However, I did read somewhere that Filipinas were handled differently, sort of fast tracked, in the immigration process.  I don't know if that has changed recently or not, that is why I recommended an attorney have a look at the case.  In any case, I doubt the wife and child of a serving military officer would be deported out of hand because of a paperwork snafu if she were here legally in the first place. 

I agree, I don't think his problems are that severe.

[Slings_and_Arrows]

Right on.  I'll forward your comments to him right away.  Thanks for your help in this matter.  Man I'm glad you guys know the deal and take it in stride for his sake! 

[BillyB]

Imiigration attorney is needed. There are many reasons an immigrant woman can stay here such as DV but I believe having the child is another and more time will be allowed for the paperwork to be completed.

If worse comes to worst. Write to the President. It worked for my dad.

[rose]

During 7 years of my staying in the US I've learned one thing: as long as your documents are in the process, no matter how long will it take, you are ok. I don't have any papers, just once in a 1/2 year go to the INS and get a new stamp in my passport. I think this guy is panicing more than he should. If petition for I-130 is filed, everything is cool, if it was denied, file an appeal within 30 days and you still are ok for the time being.

[PeeWee]

It seems so much easier for the Mexicans, doesn't it? I had three thoughts. Contact a congressman or senator...being military stationed in Iraq has to carry some weight. What is the JAG Corps for? Military lawyers just sitting around wanting something to do. Immigration attorney...has been mentioned. I'd write the letter to the congressman, visit the local JAG, and have mom find an immigration attorney. I cannot for the life of me imagine that any of our systems would knowingly seperate a mother from her child. That just does not happen. Evidenced by how hard it is for a man to win custody of a child in a divorce case. The legal system has to really look hard to find and justify the seperation of a mother from her child.

Peewee

[Slings_and_Arrows]

Just an update on this.  I passed your comments on to my friend in Iraq.  He gives his sincere thanks and is taking the advise to heart.  He was clearly much more at ease in his follow up letter. 


Thanks again.