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scotty · Joined: 27 Jul 2005 Posts: 1

Contact: srmprod@hotmail.com

My name is Sylwia Mazzullo, I am a Polish woman. My husband and I have an immigration dilemma. We have reached a dead end at every turn of our situation. I will keep my email as short as possible.
I came to the United States on a J-1 visa, the J-1 visa is a one year visa plus one month as tourist, I was an au-pair at that time. In 2003 I met an American man, Scotty Mazzullo, and we quickly fell in love. I moved in with him and 6 months later we discussed marriage. We agreed on a long engagement. We decided that I would overstay the J-1 visa because of our plans for marriage.
In May 2004 my mother got sick; she was suffering from severe depression. I held off on going back to Poland for as long as possible. My mother attempted suicide and was placed in a hospital. In August 2004 I said goodbye to my Fiancé and went back home to my ailing mother.
In October 2004 My Fiancé and I filled out the I-129 f Petition for Alien Fiancé. We were approved that petition, even though we stated in a long letter that I have overstayed the J-1 Visa. We were feeling really good about finally starting a life together in America. I was granted an interview In Warsaw, Poland. I was denied the K-1 visa because I overstayed. I was confused and shocked. I explained and questioned the consular. You received my letter explaining that I overstayed less than one year. Why approve the Fiancé petition? Why even grant me an interview? His advice was to have me file a waiver that will excuse the fact that I overstayed. He stated that the waiver decision only takes 4-6 months. He also stated that 99% are approved. So I did this in January 2004. Waiver I-601, Application for Waiver of Grounds of Excludability.
My Fiancé now my husband came to Poland in June 2005 and we were married in my home town of Radom, Poland. We went the U.S. Embassy to file for an I-130 Petition for Alien relative. We were told that we can go ahead and attempt this Visa but that she still faces a 10 year ban from Entering the United States. We followed every step on the correct path and still we are being denied. At this point I am waiting for another interview. We were told bluntly that we will probably be denied again due to my overstaying. That we will have to file the same waiver we filed 6 months ago. And by doing so it cancels out the first waiver we sent, which we are still waiting an answer for.
That is the core of our problem. My husband and I have never been arrested. Nothing even prior 16 years of age. He has income enough to support me until I am allowed to work in the USA, which he proved this in an affidavit. My husband has to return to work and he is not allowed anymore Vacation/personal or holiday time for a year. Is there anything that can be done? Is there anyone that will help us?

Sylwia and Scotty Mazzullo
SYLWIA KAROLINA OLCZAK (MAZZULLO)
DOB- 7/5/1983
ADDRESS ul. ZEROMSKIEGO 34/8, 26-600 RADOM POLAND.
SCOTTY RAY MAZZULLO
DOB-3/29/1975
40 MOORE AVE APT. 2J, MOUNT KISCO, NEW YORK 10549

I-129F, PETITION FOR FIANCE (E) APPROVED ON NOVEMBER 2, 2004 RECEIPT NUMBER EAC0501351706._______________________________________

K-1 VISA DENIED
Waiver I-601, Application for Waiver of Grounds of Excludability.
RECEIPT NUMBER 5002293(FROM CASHIER)
CASE NUMBER: WRW2004813029.
I was told after processing this waiver in WARSAW, POLAND, that it was sent to the USCIS office in VIENNA, AUSTRIA for decision. Then we were emailed that it was in ROME, ITALY FOR FINAL DECISION. We were in contact with Walter Stettner. We have been waiting for an answer since February.
WALTER.STETTNER@DHS.GOV_______________________________________

MARRIAGE PETITION I-130- WRW 2005179002- APPROVED

K-3 VISA INTERVIEW IS ON AUGUST 4TH 2005. WE WERE ALREADY INFORMED THAT WE WOULD PROBABLY BE DENIED THIS VISA.

Sylwia interview is at the American Embassy in Warsaw.
U.S. Embassy Consular Section
Ul. Piekna 12
00-540 Warsaw

The point that absolutely confuses me is. A man in my home town married a Polish woman who overstayed her visa 4 years. He has a lengthy arrest record, drug charges etc. His now wife is in the USA with him. They waited only 5 months. My wife only overstayed less than one year. There should be a consistent rule for everyone. I feel sick to say the least about our entire situation. I am back to work, but my mind is constantly on my wife. I am actually living without her. It is so difficult to focus on even the mundane day to day tasks. On top of this my wife is not getting along with her parents and she will be evicted soon. When I was visiting her I noticed her mother verbally abusing her and in one instance her father physically. I begged my wife to let me call the police. I feel so helpless knowing that she is not fully safe. I send her money every week, so she can stay at her aunts. But her Aunt does not want her moving in. Please any help or advice would be greatly appreciated.

AGILE · Posted: Thu Nov 17, 2005 10:42 am Post subject:

The motto of this is that overstaying visas is a serious offence which countries take a strict line on because of the problem if illegal immigrants.

Tony