Your Questions About Make Money Quickly Legally
Paul asks…
What EXACTLY constitutes filing a I-601 or I-212?
I have a situation that I need an answer to as it has got me Almost drove crazy.I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. To make a long story short, we had the interview 5 months later which was a nightmare. The officers were rude and all but accused us of not having a bona-fide marriage. I became very discouraged and quite upset during the interview as they were very intimidating and sorry to say I requested that the application be withdrawn as my pride got in the way. I am sorry now that I did that after much hard work and hard earned money gone and wished that I could have that day back again as I would not have given up under the pressure. We went back to my husband`s country and we want to re-apply for his Visa. Our marriage is as bona-fide as they get and will be together “till death do us part”. My husband and I are trying to get things together to restart the Visa process. At the time of our interview we had just moved (1 month prior) and submitted the change of address form BUT I am expecting since I withdrew the petition, they did not even process the new address in the system. So, we did not receive the notice of denial at our new address BUT did receive a notification thru the USCIS website that the I- 485 was denied as we knew was gonna occur. I called the 1-800 number as per the instructions on the email that states that if you have not received this notice within 30 days of the August 14, 2008, please call customer service at 1-800-375-5283 for further assistance. I did just that and they mailed a copy to the new address and my sister then sent me a copy of the denial notice that states (as we knew already) the reason for the denial was that I withdrew the application and that a hearing would be available and we could re-apply or if my husband was willing to depart the US at his own expense, then please contact that office with the details of the planned departure date. The problem is that we left the US before we received this notice and so my question is are we going to face any hurdles or do we have to file an I-212 even though he was here legally the entire time and then left shortly after the application was withdrawn as not to be out of status. I have read several websites on the I-212 and I am not so sure at this point of what is correct. I read on one site that I-212 Waivers are Hardship waivers for legal entry into the United States following deportation or removal proceedings, or following a voluntary departure from an unlawful presence in the United States. Since my husband was not unlawfully present…. this would not apply correct? He was Legal the entire time that he was in the USA and when I withdrew the application, we left quickly in order to prevent him being out of status. I just want to be able to put my weary mind at ease and proceed ONCE AGAIN, this time to the end and I need some advice from someone who knows. Many Thanks in advance
So the I-212 would not apply correct? In reference to your statement about lying during the next interview, there was not any lying during the first interview…. We have a bona-fide marriage and have been married for 1 year and 2 months. So I am not sure of where that statement came from “If you have a lick of sense” which we do. It probably doesnt seem that way considering how I reacted at the Interview. It was not what they said it was how they said it and like I said before, I wish that I could do things over again with a clear mind. I am aware of the DCF filing and am not sure of which way to go, either the K3, CR1 or DCF. Right now I am still kicking myself as I am fully confident that we would have been fine as our marriage is real and therefore we have nothing to hide. What are the reasons for needing an I-601 Waiver Exactly…. I am still not sure.
Many thanks in advance!
Nagesh answers:
I-212 is for a deported alien to request permission to reenter the USA.
I-601 is for a waiver of inadmissibility.
Your husband was not deported and as of now you have no reason to believe he’s inadmissible.
I assume you’re living LEGALLY with him, in his country and NOT just there on a tourist visa. If this is the case, and let me be clear, you MUST be living with him in his country NOT as a tourist…. You should file an I-130 for your husband with the US embassy.
This is called Direct Consular Filing and it’s only available for US citizens who actually reside outside the United States. If you are there on a tourist visa you CANNOT use direct consular filing. You MUST use the USCIS system and process the I-130 inside the United States just like you did the first time.
If you have a lick of sense you will NOT lie about anything regarding the first time you filed the I-130. They will eventually have the entire record at the embassy and if they catch you or your husband telling lies he’ll never be able to come to the United States. Be totally truthful.
You will not know if he’s inadmissible until a final determination is made on your petition. If they reject him as inadmissible then you’ll move forward with the I-601 at that time.
I highly recommend you use a US based immigration attorney to assist you with the preparation of the I-601, if needed. This is not amateur, do-it-yourself stuff. I recommend any attorney who is a member of the American Immigration Lawyers Association…..
Http://www.aila.org
**********He’s your husband, K-3 and CR-1 are the only two visas you can sponsor him for. You use the I-129F for the K-3 and the I-130 for the CR-1. If you use the K-3 you’ll find yourself right back in the USCIS office again because he’ll need to adjust his status…. K-3 is a non-immigrant visa.
The CR-1 is an immigrant visa. After two years of marriage he’ll file I-751 to remove the conditions. It may, or may not, require an interview. If you file for CR-1, but you’ve been married more than two years on the day he enters the USA then it becomes a IR-1 with no conditions and no I-751 after two years. They’ll mail the Green Card to him in few months.
DCF is not a visa. DCF is a method of getting either the K-3 or CR-1 / IR-1.
Once the embassy issues the CR-1 you have 6 months to actually use it. You’ve been married more than a year already. It will take at least 6 months to get the visa and you can wait another 6 months to use it.
Given your track record with USCIS, if I were you, I’d go for CR-1 and make sure the marriage was 2 years old at the time he enters the USA so it turns into an IR-1. You’ll never need to visit a USCIS office again.
For the I-601, there are thousands of reasons an alien can be inadmissible. You won’t know if your first round of dealings with USCIS triggered one of them until you try to get the K-3 or CR-1. It’s impossible for anybody to tell you what his status is right now regarding this matter.
Helen asks…
Is my imprudent speed ticket worth fighting?
My wife and I were coming back to Massachusetts from Maine today on I95 at the tail end of a nasty snow storm. An hour or so earlier there was a 51 car pile up on I93 (about 50 miles away). I was trying to keep my car in the tracks of the cars in front of me and had to switch to the left lane to get into a better track at one point when the lane I was in became too slushy. That’s when I lost it and the car spun out, breaking in the passenger’s side bumper against a snow bank and leaving my wife’s car effectively stuck.
A few minutes after I called AAA a Maine state trooper showed up to make sure everything was ok. Minutes later what appeared to be his supervisor arrived on the scene demanding my license and registration. He made a big stink because my registration only had my insurance company’s name on it and for some reason he needed my actual policy number. I explained to him that what I gave him was what the state of Massachusetts had given me and that unfortunately I couldn’t recall the actual policy number. He then said I’d have to call him with the information.
About a half hour later the wrecker drove up and the officer came back with a ticket for imprudent speed. I told him that this was all because I had changed lanes in an attempt to get out of a large slush pool and onto visible pavement and that speed had nothing to do with it. The officer quickly retorted that since there were no other cars in view that had spun out, I was clearly in the wrong. At this point I knew all the pearls of wisdom gathered from years on the debate team couldn’t help me, so I accepted the ticket and carried on with my day.
Should I fight this ticket? I really wasn’t going faster than any other cars and the pileup on I93 (a fact I was ignorant of at the time) seems to lend itself well to my argument. Secondly, the only identifiable witnesses to the spin out are myself and my wife. Can an officer legally issue a ticket if she/he didn’t see the conditions under which the accident occurred? The ticket was only for $119 and my issue truly isn’t the money. Not to be cliché, it’s the principle…and the time. Driving up to Maine to fight this would be an utter waste of my day.
Any advice would be greatly appreciated.
Nagesh answers:
The cost to travel and time would be more than $119. Don’t know what this will do to your insurance though. My vote is let it go.
Chris asks…
Disputing child support in Florida if the child is not yours…?
Ok I’ll try to explain the situation with as much detail as I can. I have a friend who married a young woman 5 years ago. The marriage more or less fizzled in two years. He tried to get a divorce but financially he could not get a divorce as quickly as he had wanted. In that time, the woman got pregnant with twins. My friend met the father of the babies and even knows his name. When she had the babies, she called my friend and told him he had to be named on the birth certificates as they were still legally married. (Before I go on Question 1: is it true a husband HAS to be placed on the birth certificate if he does not claim the baby? I know paternity can be established through marriage but what if they were not together at the time?) Unfortunately for him he kind of didn’t think much about this. Less than a year later, he received a notice that was served to him by local police that he was being ordered to pay child support. He filled out the necessary paperwork to dispute the order however from what he is learning now, he did not fill out the forms correctly (file with clerk of court and pay a fee) he mailed the forms in. There were emails going back and forth between him and his “wife” regarding the child support in which she acknowledges that he is not the father and there was a mistake. She then emailed him and told him that there is a court hearing coming up which he does not have to show up for and the order will be dismissed. He did not agree with this and demanded she tell him the court date. He was not served with the court date in any way and he did not know of any court hearing. To make a long story possibly longer (LOL), he missed the court date and was ordered to pay child support. Payments were deducted from his paycheck within a month. He is not trying to dispute the child support order in court (he has an attorney and everything). My question is, with all the background history, does he have enough proof to stop the child support payments in court? I understand he will need a paternity test which his attorney is currently petitioning the court for. A far fetched question that he is hoping for, will the state pay him back in restitution or pay him his money back? Again he tried to dispute the child support, he has proof of mailing in the forms, before the order was in full effect. Granted he missed the court hearing but he was not notified appropriately regarding the court hearing. Hope this is enough information. I appreciate any and all of your answers and advice…
I understand that the child support order will be dropped but is it true he will be paid back in restitution for the child support already paid? This is what his attorney is telling him
Nagesh answers:
He has the legal right to paternity testing through the court. Once the court sees that the children aren’t his, it will be dropped.
John asks…
How about another side of euthanasia in The US?
This is an answer I gave to a question about the subject — a question which was “Deleted by Customer Care”. Who knows why? Most of the answers mirrored the question in that they took a party political stance. I’m posting here to provide my own real-life experience.
“Fair warning. My mother had the misfortune to be diagnosed with metastacized breast cancer in Oregon in 1993 when (rebounding from the Rajneeshee embarrassment) the PC folks there were anxious to put themselves back at the top the liberal charts and tried to legalize euthanasia. They did, but the State initiative was quickly squelched by the Federal government — or the Supreme Court. So much for reactionary logic as well.
Nevertheless, it seemed with the news that every kook in the care professions was drawn to Portland like so many vultures. Oregon did in fact pass a landmark hospice bill, but included a better-than-good provision. If two doctors signed a paper which stated the patient had less than six months to live, the law provide for practically unlimited funding to privately-run hospice facilities. Comfort care only if that was desired, family counseling, etc. Fair enough. But there was added a clause whereby (intending to protect the dignity of those with AIDS), once the patient was admitted to hospice, even the caregivers were forbidden by law to know the person’s actual diagnosis. Like I said: better than good.
Through this loophole, my sister — who is an attorney, set in motion a plan to expedite our mother’s death. When my mother’s primary doctor was taken away to have a bone-marrow transplant himself, my mother had a catastrophic episode of internal bleeding. I was there when she refused a what was thought to be a life-saving transfusion. My sister then stepped in, having the hospice papers signed by the doctor’s associate who had no reason to suspect my sister’s motives. She then fired the oncologist (who believed my mothers’s prognosis was for two years or more). “What can she tell us except that our mother is dying?”, said my sister to me nonchalantly, “It’s a waste of money.” Papers in hand, she then proceeded to give an utterly false description of my mother’s condition to the hospice administration, backing it up with a “donation” which consisted of the entire contents of my mother’s bank account.
The hospice swallowed it hook, line, and sinker. Informed by my sister that our mother had “less than two weeks to live”, I came back from Paris where I lived to find her bound to a bed, and drugged around the clock with Demerol. It took weeks to undo this, and to begin an investigation which revealed my sister’s own story about our mother’s condition. This included a fictitious tumor that threatened my mother’s spine (so that she “had” to be kept prone and immobile), as well as an equally fictitious “diagnosis” of Alzheimer’s which covered any objections my mother might try to make. Three more months to remove my sister’s Power of Attorney, which she had gained with a bedside masquerade of daughterly fealty just like the one which fooled the hospice administration and my mother’s new doctor. During this time my mother was deprived of care, and of the medication she desperately needed.
Once the Power of Attorney was removed and her plan was stopped, my sister disappeared — not even attending the funeral three years later. She even tried to legally block the memorial service. I have not seen her or spoken to her since. My mother did have a full remission once I got her medication (Tomoxifen) restored, and eventually walked out of that place. In fact the administration began trying to throw her out the day the “donation” ran out. She spent her last three years in any number of facilities — even reaching Level 1 Adult Foster Care for a while. But in each one she suffered varying degrees of neglect or abuse, eventually dying in 1996 — not from cancer, but from the after-effects of a botched and unauthorized hysterectomy. I stayed throughout those years, just to protect her life from those whose duty as they saw it was to send people ‘To the Other Side’ as they like to put it. Under the circumstances, it was an absolutely necessary ‘sabbatical’ that incidentally cost me my own home and career.
My point is this. It was all so wrong and unnecessary, and all caused by the awful hysteria that can grow around the ill, especially the terminally ill. To be sure, my sister was and is insane. But only in an atmosphere lacking in moral direction and civil standards could her plans have taken root or allowed to grow unchecked as they did. During the years I spent in Portland at my mother’s side I saw more than dozens, many more than than dozens who suffered similarly outrageous abuse — often intentional abuse from those who were mandated and licensed to care for them.
Euthanasia is perhaps a good and reasonable thing — but only in a society which is advanced and responsible enough to integrate it. It seems to work well, for instance, in Holland. But there, social conscience is an integral part of the culture — a far cry from the United States where we cannot even provide for basic public needs such as education, everyday health care, or deal with fundamental social issues such as race, prostitution, mental illness, and drug abuse.
Undertaking euthanasia in the United Sates as it is today is like giving a child a book of matches or a loaded gun. Believe me. I’ve seen it, and I know what I’m talking about. And by the way: those who see this issue as a matter of party politics only show just how little they understand about the issue itself. Real lives are at stake.
midnight: The next facility wanted to give her enough sedatives to “let her” pass on. As you say, it was hard to make the decision. My mother, just out of the catastrophic surgery where she walked in “healthy” (the surgeon’s words) and emerged with heart failure, kidney failure, double pneumonia and acute perotinitis, could only repeat “Help me!” through dried lips caked bloody scabs as they kept her on the edge of death from dehydration to attempt to quell the pneumonia. She had gotten that from inhaling liquids through lack of supervision after the surgery.
Did I mention the feeding tube in her Vena Cava?
At any rate, the “recovery clinic” advocated sedating her to death. I sat beside her bed and begged her to say WHAT she wanted for help.
Finally, she uttered, “Help me to wake up!” the next day was bedside care, spent wetting her lips with ice cubes. I cancelled the sedatives against all counsel — told she would “scrape her skin off” rolling with pain.
Instead, she finally took a spoonful of ice cream. It was a miracle. But the night nurse told me at the desk, “You have no idea the pain you are causing. Someday you will pay.” I went to the original care facility where she had been one year before — prior to the hospice, and begged them to intervene. Believe it or not, their chief physician and head administrator went with me that night to the “rehabilitation unit” where she supposed to die, in civilian clothes pretending to be relatives. After examining her, and the doctor’s OK, I signed the transfer papers that the administrator had brought with her, we put my mother into a wheelchair and stole out to my car, taking her to the other facility.
Two weeks later she was ambulatory again. We went back to the place with her walking and eating a bag of popcorn. The nursing staff was quite unhappy at our showing off, but two of the volunteer candy-stripers came up and told me crying, how they had prayed that she would somehow get out.
Nagesh answers:
I can feel your pain. As the one who had to make the decision for both of my parents, I know how difficult it is . In my Mother’s case, I had to make the decision to take her off of life support and I lived in a different state. After calling in another doctor and in my heart and soul knowing my Mom wasn’t going to live long, telling her so her wishes would be honored, I know that I am at peace with my decision. In my Dad’s case the hospital killed him and in particular one doctor who didn’t call me until after he decided my Dad should be released from th hospital against the advice of two doctors, including his primary care doctor. My God, I could tell he was dehydrated and couldn’t even stand up to get dressed. He was 82 but was playing volleyball just a few days before this. I was driving him home from my sisters, as he was vomiting his own feces. He was taken to the hospital and had emergency surgery in which the doctor explained that his bowel was twisted and he successfully untwisted it in surgery. My Dad came out of the surgery and had an oxygen mask on but was awake and pretty alert . He did not indicate severe pain. I went back up to see him and he never spoke again. They just put him on a large dose of morphine and basically drugged him up for no reason. After that they switched my Dad to Ativan that was given through the glass bottles instead of the plastic bags. I went day after day and he never spoke again and just lay there with no sign of life. I asked as the spokesperson for the family, for an EEG and was refused. He was pronounced dead after the day before the doctor in charge told me he was very much alive and they were going to wean him off the liquid Ativan and he would be fine. I was in total shock and disbelief. His death was pronounced with septicemia, aspiration pneumonia (they had him lying down all the time) bowel obstruction which was said to be successful and finally renal failure. Before I could get to the hospital , as I was the last to be called and wanted an autopsy done, they got to my younger sister to get her to have his body taken to the funeral home. They has taken him there already before I got there and I was furious. The sister they asked was in a very bad state of mind and couldn’t make the decisions. I am not a type of person to sue but this was gross negligence. When I contacted a lawyer and told the story they said it was the most gross negligence case they had heard of. I keep a journal of all that was said and done and also held a meeting with a doctor with family members, where it was decided to not take extraordinary measures, like cracking open his chest to “save” him. The lawyers said the word “but” and I knew what was coming and said, “Let me guess, due to his age, you won’t spend the money to go after a hospital .” They said I was correct and I also said that they didn’t place value on his life because of his age. Never mind that my Dad was a WWII and Korean War veteran and highly decorated with even receiving the Silver Star. His family always lived into their late 90’s to over 100 yrs. Old. I was outraged by this all. They didn’t place any value on his life due to his age, even though we are free in this country thanks to him and other vets and 3 straight years of combat. I had to also make the decision to put him on life support and then to take him off. I know I made the right decision but he didn’t have to die. They drugged him up so much and he died.
Sorry , this is lengthy but how can we begin to tell our horrible stories and keep it short?
Your sister was obviously not the person to be able to make decisions in the best interest of your Mother. I am so sorry. The health system is a business and often times uncaring.
I may not have their degree but I know much information on health issues and can never live in peace with what the hospital did.
I am happy that your Mom was strong enough to utter the words you needed to hear. It seems that it is easier to drug the elderly until they can’t talk or move than to help the patient. What a septic society we live in. They assume they know what is best but they don’t. They just can’t be bothered. I am glad you got to see your Mom eat again and I know how you feel. They often don’t even know or care whether the patient is in pain or not. They took the easy way out. It wasn’t easy for the family and will never give us peace of mind.
I don’t believe in euthanasia, as I am a Christian and believe that it is God’s will when we go. I am honored to know someone like you who stepped in and help her live again, if even for a short while. Who knows our loved ones better than us? Sorry for your loss but at least you had one doctor willing to help and thank God for that and the time she had. At a time when our family should have been close, we were torn apart. I can sleep with my decisions amd I doubt those doctors that were responsible for my Dad dying, are losing any sleep over it. The hospital just sits there
Thomas asks…
Disputing child support order in the State of Florida…?
Ok I’ll try to explain the situation with as much detail as I can. I have a friend who married a young woman 5 years ago. The marriage more or less fizzled in two years. He tried to get a divorce but financially he could not get a divorce as quickly as he had wanted. In that time, the woman got pregnant with twins. My friend met the father of the babies and even knows his name. When she had the babies, she called my friend and told him he had to be named on the birth certificates as they were still legally married. (Before I go on Question 1: is it true a husband HAS to be placed on the birth certificate if he does not claim the baby? I know paternity can be established through marriage but what if they were not together at the time?) Unfortunately for him he kind of didn’t think much about this. Less than a year later, he received a notice that was served to him by local police that he was being ordered to pay child support. He filled out the necessary paperwork to dispute the order however from what he is learning now, he did not fill out the forms correctly (file with clerk of court and pay a fee) he mailed the forms in. There were emails going back and forth between him and his “wife” regarding the child support in which she acknowledges that he is not the father and there was a mistake. She then emailed him and told him that there is a court hearing coming up which he does not have to show up for and the order will be dismissed. He did not agree with this and demanded she tell him the court date. He was not served with the court date in any way and he did not know of any court hearing. To make a long story possibly longer (LOL), he missed the court date and was ordered to pay child support. Payments were deducted from his paycheck within a month. He is not trying to dispute the child support order in court (he has an attorney and everything). My question is, with all the background history, does he have enough proof to stop the child support payments in court? I understand he will need a paternity test which his attorney is currently petitioning the court for. A far fetched question that he is hoping for, will the state pay him back in restitution or pay him his money back? Again he tried to dispute the child support, he has proof of mailing in the forms, before the order was in full effect. Granted he missed the court hearing but he was not notified appropriately regarding the court hearing. Hope this is enough information. I appreciate any and all of your answers and advice…
He has met with his attorney and not that this is a public defender or legal aid, the court did refer him to this attorney. He has to pay a total of $5000 for his services which I think isn’t too bad (correct me if I’m wrong). With that said, he’s getting what he’s paying for. The attorney is never really available and is in a rush. I have advised him to correspond with his attorney by email or set up an appointment with his paralegal or even get some information from his paralegal. These are not his questions but my own.
Also the biggest quesiton is, will he get resititution for the child support he has already paid? I highly doubt it but it seems like this is the BS his attorney is feeding him.
Nagesh answers:
A little long to read, so he should study these?
Http://Child_Support.Dads-House.org/
To learn a father’s rights, join Dads House in Yahoo Groups. It’s free to join, access all materials, and you associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. Mention your question here when asked why you want to join, as well as your state?
Http://groups.yahoo.com/group/DadsHouse/
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