What the is wrong!!! Legal Help Needed!

guananico · Nov 29, 2006

I wrote in here a bit ago and got a lot of information and advice. I really appreciated it.

We applied for a tourist visa with a medical circumstance back in early September and got an appointment for an interview on October 22nd. in Santo Domingo. I prepared everything. Tons of supporting documents etc. My Dominican wife was 5 months pregnant at the time and we had letters from our Doctor here stating that it was best for her to have the baby in the U.S. We also had a Doctor here in N.Y. that wrote a letter that said she would be my wife's physician here in the states. Keep in mind this was under advise from the consulate in Puerto Plata. OK.....we went to our appontment. Found out that only my wife was allowed to go to the 9:30 interview. At 4:00 she came out crying. She said she had a 2 minute interview and they never even looked at our supporting documentation.

We were not trying to go around the system, we were simply doing what we were to9ld to do by the consulate. I had gone so far as to get her a plane ticket for the 22nd.! Stupid me.

In any case I came back to the states on the 22nd., reluctantly alone. She has been in Guananico with family and we talk 5 times a day. We are both very lonely etc. She is now 6 + months pregnant.

As soon as I got home I made an appointment with the embassy in Buffalo and was told that there was really nothing we could do except apply for an I-129-F fiance visa throught the homeland security and then when we were approved we could apply for the K-1 visa. We were further told that we should send the application with documentation overnight and ask for express processing, which I did. 50 pages of supporting documentation. In 2 weeks I got back a reply that said they recieved it. Wow. Then I went into the internet site USCIS and found out they were processing this type of application for the period in May!!!!!! They had a FAX # to send information to to try and get a speedy answer. I again sent all my documentation only to recieve a turn down letter, today, 11/29. They refused to do anything rapid.

Where do I go from here? Should we file the K-1 now or do we have to wait for the 1-129F approval? Is there any way to speed up the system? We have been together for 10 months, almost 24/7 and she is now over 6 months pregnant. (I am confident that it is my baby) She is not a Sosua girl, never was. When I first mentioned her coming to the U.S. she wanted no part of it. She is from the campo in Guananico and even has her passport. We have land in Guananico and plan to live there for extended periods of time over the years. She has a 5 year old daughter who considers me her father. I will be going back for a week on Dec. 10th. and hope to be able to do something.

Listen...I know about the ladies here. She is not one of them. I wanted to stay in the D.R. but unfortuneately I need money, that is why I am here in N.Y. Can anyone give me some serious advice? Please help me. I am willing to pay a D.R. lawyer if that cann help. Please help me get the love of my life here so we can start our lives together.

TY

Phil

cobraboy · Nov 29, 2006

I feel your pain.

Here is a link where folks might be able to give some sound advice:

Dominicans to the USA

Be aware the waiting list at the Consulate after the visa has been approved is 18-24 months long unless you have a significant mitigating situation, and I'm not sure a baby is one.

It is what it is. My fiance applied for a family F-1 visa in 1999, and she's still going through the process.

Good luck!

AnnaC · Nov 29, 2006

If you want to hire an immigration lawyer it's an American lawyer you hire in your own country. It's American laws that decides who does or doesn't get a visa.

The process takes about two years right now and unless there is a real medical emergency I can't see anyway around it. Get in touch with your politicians at home.

Chip00 · Nov 29, 2006

I just wanted to give you a little advice because the info you have posted is a little confusing. In my experiance there are basically two ways to petion your fiance/wife. If you guys are not married you can do the K-1 fiancee visa. If you guys are married you can petition her using the I-130 as I did with my wife 6 years ago. That was before 9/11 and took 14 months with the help of a congressman.

You mention the embassy says that you can do a I-129 but according to the USCIS webpage this type of Visa is for Immigrant Workers.

If you want to pm me to discuss I'll give you my phone # and you can call me. I'll try to help as much as I can. Also, you can get typically some amount of free immigration legal advice through the Catholic Charities in most areas - and it's not necessary to be Catholic, Christian, etc.

Chip

Eddy · Nov 30, 2006

guananico said:
My Dominican wife was 5 months pregnant at the time and we had letters from our Doctor here stating that it was best for her to have the baby in the U.S.

If it's a health reason, I suggest that you make some kind of arrangements with a local clinic. (In the DR)

guananico said:
She is now over 6 months pregnant. Phil

You don't have much time left. I think they can refuse boarding to someone who is "to pregnant"

Please don't be to harsh on Sosua girls. Most of them came from other towns. Get my drift. Anyway, I hope things work out for the best for you.

Snuffy · Nov 30, 2006

Yes, unfortunately they don't just tell you up front...but there is no way around going through the process. The guy interviewing her probably grew up down the street from you and couldn't give a damn what your situation is. He has his marching orders. They sure make you feel like a third class citizen don't they. Allow illegals to come in and then give them amnesty but put a bona fide citizen through hell to get his pregnant wife in....unbelievable.

guananico · Nov 30, 2006

I was told in Buffalo that I first needed to get the I-129F (F for fiance) form approved and then apply with the K-1 visa application. Am I going about this wrong? We are also planning on getting legally married in the D.R. on Dec. 15th. We wanted to be legally married when the baby is born. Will being married make the process harder? Will we then have to apply for a I-130 instead of the K-1? I do not want to have to duplicate the applications.

SantiagoDR · Nov 30, 2006

guananico said:
We wanted to be legally married when the baby is born. Will being married make the process harder? Will we then have to apply for a I-130 instead of the K-1? I do not want to have to duplicate the applications.

I don't know which is better now, but changing in mid-stream is probably not a good idea. Back before 911, K-1 was much faster than being married. I know a couple different friends that were married and they had a heck of a time, and that was before 911. One of those friends was already in the states with his wife and it took years for the permanent visa to be issued, and they had two kids, immigration still did not believe them. Before 911 I have done 2 K-1's, then it was the best way.

Like others have posted, you can't beat the system, Immigration don't care about your personal problems, it's all done by the book.

Face it, she will not be there before the baby and it will be a long time after the baby. From experience, Immigration couldn't give a darm about you trying to get a politician to help you. Besides, the politicians will also give you a run-around.

You most likely will be throwing money away trying to fight it. Many will make promises to you and tell you they can help, but in the long run, it won't happen.

Musicqueen · Nov 30, 2006

I am no expert, but do post on Dominicanstotheusa.com...and my best advice to you would be to go ahead and get married in Dec., and then apply for a K-3...a marriage based visa. If you do the K-1, is the same as filing the I-129 Fiance Visa, but you can't get married if you go that route or it would be cheating and then you would have to start the paperwork all over again.

If you get married, apply like I said for a K-3, it's taking the same amount of time for both visa types to be approved/denied, 18 - 24 months at the moment. My fiance and I applied last Aug. 2005, and are just now ready for our interview in January 2007.

Once you do the K-3, and you will find tons of more information on the above mentioned website, there ARE ways to go around the system, especially since we are dealing with the DR, I'm sorry to say.

There were a couple of ladies on that website that were able to obtain papers from their own obstetricians saying how the pregnancies were difficult etc, and were granted open interviews, meaning they got to skip everyone in line and got approved a LOT faster. Of course they will deny this, but trust me, it can be done.

So, I'm not advocating this, we have been waiting patiently for our own turn in line, but...it's something you might want to look into...

MQ

Chip00 · Nov 30, 2006

K-1

guananico said:
I was told in Buffalo that I first needed to get the I-129F (F for fiance) form approved and then apply with the K-1 visa application. Am I going about this wrong? We are also planning on getting legally married in the D.R. on Dec. 15th. We wanted to be legally married when the baby is born. Will being married make the process harder? Will we then have to apply for a I-130 instead of the K-1? I do not want to have to duplicate the applications.

I would recommend doind the K-1, bring her to the states and then get married - like I said my cousin did this and it took about 6 mos. If you do the I-130 it will probably be more than a year and then some as it was in my wife's case.

You need to call the American Consulate about your child that is to be born if you can go ahead and process their citizenship paperwork in the event she is born in the DR and you all aren't still married. As far as being pregnant and travelling I called American Airlines and they told me there was NO restrictions.

I would seriously reconsider doing the I-129/I-130 and contact the Catholic ?Charities in Buffalo for free advice - there # is (716) 855-2113 - if they aren't the right people they'll get you to the right ones. DON'T talk to anyone here at the embassy as they will likely MISINFORM you as they did me on NUMEROUS occasions. As I said before send me a private message and I'll give you my phone # if you want to talk.

Musicqueen · Nov 30, 2006

I guess my post is invisible, uh? :ermm: :tired:

Chip00...trust me...that was back in 2004...in 2006 the wait is loooonnnggg!!!

Here's a link to prove it...there are over 27,000 cases waiting for an interview...the average time is now between 18-24 months of waiting for a K-1 or a K-3...either one!

Appointment Waiting List

But hey, whatever...I was just trying to be helpful...:ermm:

MQ

Hillbilly · Nov 30, 2006

Make arrangements for pre and post natal care for the mother. Whenthe baby is born, make sure that it is you who declars the baby at the local civil registry.
then go to the US consulate and declare you new child so that it get its passport and social security number.

then be prepared for a series of visits for the next few years as you wait for the visa processing.

HB

Chip00 · Nov 30, 2006

Musicqueen

I believe you - I sent my post before I read yours.

Guananico

I recommend that that you seek legal advice soon in the states and prepare yourself for a long wait unfortunately.

Chip

laurapasinifan · Nov 30, 2006

didnt the president of the US say that the US would try to address the back log.

Since I heard that..it seems like the word is the wait is now longer.

I thought the US was going to bolster the number of workers at immigration and naturalization.....

the more I go down to see that country the more I realize it wouldnt be in my best interest to move there...so that means trying to move my GF here...

I could have delt with the wild unexpected roadblocks in life there, if there was indeed a land of opportunity there.....but the more I know the more I realize there is little opportunity.......

bob

cobraboy · Nov 30, 2006

laurapasinifan said:
I could have delt with the wild unexpected roadblocks in life there, if there was indeed a land of opportunity there.....but the more I know the more I realize there is little opportunity.......

bob

You have to make your own opportunity.

As far as the backlog is concerned (I have a perrito in this hunt), the new fiscal year started on 10/1/06. It may take a few months to ramp up whatever staffing/facility expansions they planned. I heard they are making some physical plant changes to help the processing. We'll see.

But I operate on a simple axiom: "Expect nothing, and you won't be disappointed..."

donluis99 · Nov 30, 2006

Go through mexico

Does she speak english?

Is caucasion complextion or brown?

Buy online a drivers license for her, fly to mexico, northren part rent a car and drive accross right through imigration.

If she speaks no english she should be mute.

Best chance or be prepared to wait.

We are now getting started but we have no intention to go for anoth 6 or 7 years.

g'luck

cobraboy · Nov 30, 2006

donluis99 said:
Does she speak english?

Is caucasion complextion or brown?

Buy online a drivers license for her, fly to mexico, northren part rent a car and drive accross right through imigration.

If she speaks no english she should be mute.

Best chance or be prepared to wait.

We are now getting started but we have no intention to go for anoth 6 or 7 years.

g'luck

You realize if she does this and gets caught, she can never come back into the US.

That is a big price to pay for a wait.

The US has enough problems with "illegals" to add to the problem.

Bad idea. Really bad.:ermm:

twincactus · Dec 3, 2006

Chip00 said:
Musicqueen

I believe you - I sent my post before I read yours.

Guananico

I recommend that that you seek legal advice soon in the states and prepare yourself for a long wait unfortunately.

Chip

I don't think he needs legal advice. Using a lawyer sometimes can slow your case down.

Ay mi madre, there is so much misinformation going around. Let me see if I can clear it up.

Trying for a tourist visa was a colossal waste of time and money. What you really need at this point is a spousal visa of some kind. Here are some recommendations:

1) Get married in the DR LEGALLY.

2) File an I-130 with the USCIS service center servicing your area (if NY, it is the Vermont SC - a GOOD thing, they are very fast). You MUST file the I-130 before you file the I-129F (K3 if you are married). If you only file the I-129F(note the 'F') it would be a K1 fiance' visa. I don't think this will be the best way to go in your case but it IS possible if you want to do it. The spousal visa combo CR-1/K3 allows your wife to immediately get her green card upon entering the US. The K1 does not.

3) After you have filed your I-130/I-129F (CR-1/K3) write the USCIS for expedited processing due to medical reasons. You will need tons of documentation and will have to fit the category for expedited cases (I am not sure you will).

4) After your case is approved at the USCIS, and gets to the Consulate in StoDgo, you will need to write about the pregnancy situation directly to the consulate with all your supporting documents. Faxing them is your best bet, or you could have your Congressional liaison do it for you at your Congressman's office. At that point they should give you an open appointment. This whole process will still take you several months.

5) Don't listen to ANYONE who has gone through the process less than about 6 months ago, they have no clue what is going on now. Normal process is about 22 months right this minute.

6) Join Dominicans to the USA so you can keep abreast of new developments. I will warn you though, my members aren't too fond of people skipping the process using the pregnancy thing. If you have a genuine reason she has to be in the states then they may let you off the hook, but you have to understand, some of these people have been waiting almost two years for their interviews. They are not happy campers. I am the owner of the site, I may be able to calm them down a bit.

________________________________________________

Option #2 Possible, but we are not positive it will work.

Get married in another country, one that Dominicans are allowed to visit but one that has low waiting time for visas. The K3 documentation says it will be adjudicated in the country where the marriage took place. So if you get married in say, Peru, then you would go to Peru for the interview, and bypass the waiting list.

Well there are some ideas, hope you have good luck.

-Tim

guananico · Dec 23, 2006

I am wondering if I am overly optimistic?

I followed up in every way I could think of here in NY in order to get Jahaira up here to the U.S. in a timely manner. I asked for expedited processing of the I-129F and they sent back a letter that said we did not qualify for expedited processing. I sent back a whole bunch of papers and again requested the rapid process. I also wrotw to 2 senators, an assembyman and a congressman. I recieved a letter (not a form letter) back from my congressman and was told that he was willing to help. 2 days later I recieved an E-mail from his office that said that he spoke to a representative in the visa department and that my !-129F had been approved and he also said that the rest of the process would be expedited. That was just a week ago.

Yesterday, friday, Jahaira recieved a phone call from Banco Popular in the D.R. and she was told she needed to come to the P.P.O.P. branch because they had her PIN # ready. Is it possible that things could happen this fast or am I being overly optimistic? She cannot get to P.O.P. until tuesday but I am assuming that things are being expedited very rapidly. Am I correct in my thinking? I believe that somehow my congressman got things going and actually got her a PIN # and now we will be getting an interview fairly quick? Why else would they call her to tell her she needed to get her PIN #?

I am confused. Am I missing something? Is there other forms needed to apply for the fiance visa? My thinking is that she may be able to get here with me within a month or so...maybe even before the baby arrives on or about the 10th of Feb.? Any input or advise would be appreciated.

johne · Dec 23, 2006

guananico said:
I am wondering if I am overly optimistic?

I followed up in every way I could think of here in NY in order to get Jahaira up here to the U.S. in a timely manner. I asked for expedited processing of the I-129F and they sent back a letter that said we did not qualify for expedited processing. I sent back a whole bunch of papers and again requested the rapid process. I also wrotw to 2 senators, an assembyman and a congressman. I recieved a letter (not a form letter) back from my congressman and was told that he was willing to help. 2 days later I recieved an E-mail from his office that said that he spoke to a representative in the visa department and that my !-129F had been approved and he also said that the rest of the process would be expedited. That was just a week ago.

Yesterday, friday, Jahaira recieved a phone call from Banco Popular in the D.R. and she was told she needed to come to the P.P.O.P. branch because they had her PIN # ready. Is it possible that things could happen this fast or am I being overly optimistic? She cannot get to P.O.P. until tuesday but I am assuming that things are being expedited very rapidly. Am I correct in my thinking? I believe that somehow my congressman got things going and actually got her a PIN # and now we will be getting an interview fairly quick? Why else would they call her to tell her she needed to get her PIN #?

I am confused. Am I missing something? Is there other forms needed to apply for the fiance visa? My thinking is that she may be able to get here with me within a month or so...maybe even before the baby arrives on or about the 10th of Feb.? Any input or advise would be appreciated.

I THINK the pin number is just a "number"--you're in the system. (like a tracking number) Everytime you call the consular or... you need to have your pin number as a means of ID.

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