Urgent! Need helps on I-601, thanks!

[lnp_wu 0]

I am not sure if anyone could answer my questions, but I am in desperate need. Thank you in advance for reading my questions and helping me!

I am a Canadian citizen who married a USC. I had my interview last month in Detroit, MI. My I-130 is approved, but I-485 is currently pending, for I need to file the form I-601. I have problems filing the form. Please help me as much as you can!

These are the questions I am not sure how to answer:

8. Date of Visa Application

 Should I write down the date I filed my I-485? I actually didn’t apply for any visa to come in to the US. I came in as a Visitor (B-2), which was to show my passport to the US custom and got a stamp on my passport.

9. Visa Applied for at

 If I-485 is the visa I applied, which office should I write down? The Chicago office, where I filed the forms I-130 and I-485, or the Detroit office, where I had the interview.

10. Reason for Inadmissibility

The adjudicator who interviewed me gave me a sheet, where it states the need to furnish a form I-601 due to misrepresentation to the custom when entering. I told the custom I planned to travel to Canada, but I ended up changing my mind and filed the immigration forms after five months (my B-2 allowed me to stay for six months.)

11. Applicant was previously in the US as follows: “Immigration Status”

 Should I write down N/A for this question? For the past eight years, I have been coming in and out of the US as a F-1 student/B-2 Visitor. Was I considered in Non-Immigration Status or Immigration Status? Or should I write down the detail of my visits in the US for the past eight years?

Thanks a lot!!!

[emt103c 10]

See below:

These are the questions I am not sure how to answer:

8. Date of Visa Application

 Should I write down the date I filed my I-485? I actually didn’t apply for any visa to come in to the US. I came in as a Visitor (B-2), which was to show my passport to the US custom and got a stamp on my passport.

Date of Application is date of your interview. The DS-230 is your application.

9. Visa Applied for at

 If I-485 is the visa I applied, which office should I write down? The Chicago office, where I filed the forms I-130 and I-485, or the Detroit office, where I had the interview.

You write the office name where you had your interview. i.e. where the DS230 was applied.

10. Reason for Inadmissibility

The adjudicator who interviewed me gave me a sheet, where it states the need to furnish a form I-601 due to misrepresentation to the custom when entering. I told the custom I planned to travel to Canada, but I ended up changing my mind and filed the immigration forms after five months (my B-2 allowed me to stay for six months.)

The reason is still a charge of "Misrepresentation"

11. Applicant was previously in the US as follows: “Immigration Status”

 Should I write down N/A for this question? For the past eight years, I have been coming in and out of the US as a F-1 student/B-2 Visitor. Was I considered in Non-Immigration Status or Immigration Status? Or should I write down the detail of my visits in the US for the past eight years?

You will need to document all of the visits you can remember and state your status. Because you are Canadian some of those will just be "Visitor" but you need to document each time you came in under a special type of visa. Be careful to be very truthful and make sure it matches with your DS-230.

Thanks a lot!!!

[blueblue 0]

I agree with EMT's responses. I would just add that you can put a notation on the form for the date to clarify that you are putting the date of you DS-230 was filed.

I was curious on the misrep charge. Are you saying you came to U.S. and were already married to USC and had originally planned to return to Canada and then for some reason ended up deciding to stay and file for AOS? If that is the case, it is not really misrep if you can prove that your original intentions WERE IN FACT to return to Canada. What was the reason you decided to stay? You may still have to end up filing the waiver if they won't reconsider the decision based on your proof, but you should include a discussion of the situation in the waiver letter to show present your evidence and includes copies of any relevant supporting materials.

Misrep is an INTENTIONAL lie or withholding of MATERIAL information that would affect their decision. It needs to be both intentional and material.

If you said you planned to return to Canada and really planned to stay and adjust, then it is misrep.

[lnp_wu 0]

Thanks EMT!

Though, I am still confused about what to write under "Date of Visa Application." I only applied for I-130 & I-485, I didn't apply for DS-230. I don't know what DS-230, never file the form, and the adjudicator didn't mention anything about DS-230 either. So, shouldn't I write down the date I filed my I-485 under "Date of Visa Application"?

To Blue:

I didn't lie to the custom at the airport. At the time, my husband didn't know if he would stay in the US for his study, so we were thinking to postpone the green card after he made up his mind (we heard that a green card holder needs to stay in the US for six months a year to maintain the status, so I didn't want to limit my husband's choices if he decided to study abroad.) We got married first, and we left the US to host wedding receptions for our family oversea (critical mistake!) We came back in after two weeks, and since I was going to Canada to visit my family before Christmas, I told the custom about the plan.

I actually told the custom that I got married with an American citizen, and he sent me to the Secondary office. My husband and I didn't have much knowledge about the whole immigration laws. We didn't know why I was sent to the office until we later on learned that after getting married to a USC, it would be extremely hard for the alien spouse to come in to tht US even if the purpose is solely for visiting. We were very ignorant about the laws, and we made the critical mistake to get married and leave the country. If we had known as much as we know now, I could have just applied for a K-1 visa before getting married because I was actually outside the US for about a year before marriage.

[emt103c 10]

The date of your interview should be the one you use. That is normally where they make you file a visa application, for out of country I know it is the ds-230, not sure for adjustment of status. Like blueblue said, just note that was the interview date.

[jpaula 20]

Please be aware that filing a successful I-601 requires much more than filling out the form. You have to provide a strong, well-documented arguement showing extreme and unusual hardship to your USC spouse should you not be granted a visa. It is a difficult, but doable, process. But, please, please, please do some research to know what it entails. A very good place to start: www.immigrate2us.net

And, in the case of AOS I think the day you filed your I-485 is the day you applied for your visa.

It may also be worth contacting an attorney as the charge of misrep seems like a stretch and an experienced attorney may be able to give you some ideas as how best to fight it. Good luck!

[emt103c 10]

She's been on immigrate2us.net I think she's been checking out the waiver instructions there.

I agree with you that in this case an attorney is a good idea.