Tuesday, November 4, 2008

Legalities about the Visa apointment

The other two posts on the visa appointment are from Issacs and my point of view as far as how we felt and what we went through. In this post I wanted to put in some of the legalities related to the Visa appointment.
On September 18th, 2006 our lawyer received a letter stating that the National Visa Center had received our case. On this letter it expressed what our next steps would be. I will list them here.
We were to pay the Affidavit of Support fee bill and the Immigrant Visa fee bills in advance of receiving the Instructions Packet and Affidavit of Support form. This must be in cashiers check or money order, the Affidavit of Support Fee Bill was $70, and the Immigrant Visa Fee Bill was $380. I got these cashiers checks to Katie and she mailed them along with and Immigrant Visa Fee Bill bearing the case number.

On October 23 2006 our lawyer Katie received a letter from the National Visa Center stating they had received our fees, along with 6 pages of what we needed to do next. Thank God we had Katie. We actually already had everything ready because she knew what they would be asking for. I will do my best here to explain what all they wanted us to return to them before they would schedule his appointment. I am getting a lot of this wording from the actual letters in case you are wondering where the weird language is from.
1)A complete Affidavit of Support(I-864)form (this form is 8 pages long and contained all information on me possible from the last 3 years)
2)Application for Immigrant Visa (DS-230 Part I) (this was 4 pages long and was some logistical information about Issac for the last 5 years)
3)The sheet that the office had sent bearing the case number and barcode information
4)copies of my pay checks for 2 months, my tax statements for that year, and my W2's for that year.
This information was sent October 30th, 2006 via certified mail for $35.

By November 17th we had heard nothing so I contacted Senator Kit Bonds office to see if they could inquire on our case and ask for them to expedite his appointment date. Katie sent all necessary documents to the Senators office.
December 12, 2006 Katie received a letter from the National Visa Center stating that we had not given them all the necessary documents. Attached was a note that read:
Important Notice: The U.S. Department of State has recently changed the processing of petitions of the U.S. Embassy of Consulate assigned to process your immigrant visa application. The National Visa Center will provide additional assistance to the U.S. Embassy or Consulate by collecting civil documents requested within this checklist letter. NVC will also schedule the immigrant visa interview appointment once your case is qualified, a visa number is available and the U.S. embassy or Consulate has notifies NVC to set an appointment.
More or less this should help to make things go fast for those in the future but has set yet another delay for us.
We were not to send in: A copy of Issacs Mexican Passport, an official copy of our Marriage certificate, A copy of Issacs birth certificate, and a completed copy of the form DS-230 Part II unsigned (it was to be signed at the visa office)(it was a 4 page form with pretty much the same info as on the other form.)
This packet was sent certified Mail on Feb 16th 2007 for only a couple dollars.

On May 3, 2007 our lawyer sent an e-mail asking about Issac visa appointment. She explained that our I-130 was approved by CIS on June 7, 2006, and that on October 30th 2006 we submitted the DS-230 PartI and the I 864. Then when were notified of the change in process we submitted everything else Feb. 16, 2007. She was asking if we kept our place in line after the change in process or if we got put back to the end until the last bit of information was received.

May 4th, 2007 Katie received the reply that we then received multiple times after this when we tried to ask about our visa date. The letter read:
All documentation necessary to complete the National Visa Center's processing has been received. As soon as an interview date has been scheduled, the designated representative of this case (applicant, petitioner, or attorney) will be notified. The US Consulate of General may require additional documentation at the time of the interview.

June 26th, 2007 Katie wrote to Sheila Mileszko (Immigration Liaison)(this was to the U.S. state department) explaining our situation and asking them to enquirer about our appointment. Along with this we attached a Privacy Authorization Form so they knew I was ok with them looking into our case. This was the first of many. We received a letter back from her office directing us to the letter they received from the Visa center. It was quote for quote the same as the letter above.
My mom, my sister, and I all requested for the State offices to look into our case and all three times we received the same exact letter in return.
During this time I moved into a new house and we were sure to alert the office of the address change.
I want to note that at this time Issac had been in Mexico and I in the states for almost a year and a half.
Finally September 28th, 2007 we received the letter giving us the date. An immigrant visa interview was scheduled for Issac at the U.S Embassy/Consulate in Ciudad Juarez on November 1, 2007 at 0730am.
Issacs visa was denied under section 212 (a)(6)(C)(ii). This section states that if you claim to be a U.S. citizen you must be denied a visa without waiver.
For full details of how his actual appointment went read the other posts titled visa appointment.


  1. hey, amanda, I was just looking back at some of these old posts. Me and my husband are in the US right now, but in the middle of all this immigration stuff, and are looking ahead to his visa appt. Is there still this other post you refer to about how his appointment went? thanks!

  2. Margherita- Ok Im going to give you the links to the post where I put my take and then a different one from Issacs point of view.
    But first I want to tell you Im not sure if reading them will help you. I just don't want you to worry. Basically he got an ass of an officer and this is why our case went to the crapper. I would say for sure to tell your husband to prepare for a long day with no phone no food and no drink. I think had Issac knew that was coming it would have been maybe a little easier to handle emotionally. Also if he knows English don't try to use it unless absolutely necessary, This seemed to trigger some ill treatment when Issac went and his English is very good. So if you still want to read them here are the links but I will tell you now its not a pretty story.


  3. Amanda,
    Thanks for the links, I read them right after you sent them, it's just taken a little while to write back. I read them, then my husband read them, and it made both of us cry. Your case is like the worst case scenario--terrible interviewer, permanent ban. I am so sorry it went so terribly. This all happened a couple years ago, right? It is really inspiring that despite the terrible immigration experience, and not having a choice about where your family can be together, you sound so content and peaceful. We have known how badly the visa interview can go, and haven't been setting our hopes very high about the hardship waiver. So far from being a downer, now knowing more of your story, it's actually more encouraging in a way, if that makes sense. If there is any immigration reform, is it possible Isaac's permanent ban status could change at all?
    thanks for sharing your life :)