I-601 Waiver Needed

[gogo 6]

ahhhhhhhh....... good news again!!!

I just called DOS, and they are going to remove my I-601 Waiver from the system.. they say they were about to send it out, but I guess the DD had something to say about it.. more news to come though.. hopefully with the removal of the waiver, we should get approved?? :dance:

[NArocks 13]

Come on Gogo waiting for th egood news from you

[gogo 6]

well, that is sort of good news.. yesterday, the DD said he said our case "had no basis for being revoked"... and now this today from the DOS.. it looks like our luck is finally turning.. :star: we both made the call this morning (my wife and I, I was in the parking lot using a netbook and MIFI, while she was at home) and we were both very happy of the news..

[daboyz 36]

What a joke of a government we have.

[gogo 6]

well.. I did push the DD a lot.. I do things that are not normal.. that's why I'm on the GOGO train!! :star:

[NArocks 13]

Yes read Gogo's story and you will see the emials responses he received back , it is good reading and shows what persistents can do

[augustapplicant 0]

Gogo, Its a very good news, i have a question for u, i wanted to file a law suit through my attorney but he wants $12000.

surly i dont have the money, so i decided to wait, I know you filed a law suit one time before your interview and won. Did u also file a second one after the interview, this is the reason the state deparment responded, please let me know. Thanks alot.

Yes read Gogo's story and you will see the emials responses he received back , it is good reading and shows what persistents can do

[gogo 6]

oh no.. we didn't do the 2nd lawsuit.. originally the lawyers and I were planning it.. but they told me to wait 6 months for them to have "time" to approve it.. like always.. so our estimated time was October 2009.. but we recently received the news that we were going to get the waiver.. so Mr. DD helped us out and this morning we called DOS and they said they were going to "delete" it from the system..

yeah, $12000 is way too much.. we paid $5000, and that is a lot too.. the only reason I went with it the first time was they had a team of lawyers.. we could have filed it ourselves (I think the price was $250 for the form), or something like that..

www.rreeves.com, you can ask them for a quote (team of 13/14, so usually they won't cheat you.. but of course, they ask for a bit higher price) and they have offices in 4 places and have lots of staff working there too (from the pictures in the gallery).. so it's worth a shot.. =) don't worry, I don't get a referral, and don't want one.. I just want my wife to come.. that is all..

Edited June 26, 2009 by gogo

[augustapplicant 0]

thank you very much.

oh no.. we didn't do the 2nd lawsuit.. originally the lawyers and I were planning it.. but they told me to wait 6 months for them to have "time" to approve it.. like always.. so our estimated time was October 2009.. but we recently received the news that we were going to get the waiver.. so Mr. DD helped us out and this morning we called DOS and they said they were going to "delete" it from the system..

yeah, $12000 is way too much.. we paid $5000, and that is a lot too.. the only reason I went with it the first time was they had a team of lawyers.. we could have filed it ourselves (I think the price was $250 for the form), or something like that..

www.rreeves.com, you can ask them for a quote (team of 13/14, so usually they won't cheat you.. but of course, they ask for a bit higher price) and they have offices in 4 places and have lots of staff working there too (from the pictures in the gallery).. so it's worth a shot.. =) don't worry, I don't get a referral, and don't want one.. I just want my wife to come.. that is all..

[Mintchip 0]

maybe this can help

Waiver Overview

As long as the requirements of a fiance ( fiancee ) or spousal visa petition are met, the petition will be approved. (An approved petition is simply an approval for the foreign fiance ( fiancee ) or spouse to have the privilege of interviewing for a fiance ( fiancee ) or spousal visa at their consulate). An Application for Waiver of Grounds of Inadmissibility (Form 601) becomes necessary when a visa applicant has been determined to be “inadmissible” based on one more visa ineligibilities.

The most common visa ineligibility is illegal presence/prior visa overstay of more than 180 days, which results in a 3 year ban. More than 365 days of illegal presence results in a 10 year ban. Note that illegal presence under 180 days does not hold a ban and does not require a waiver. Also note that illegal presence under the age of 18 does not “count”.

The ban takes effect when the person leaves the US, therefore the clock starts ticking at that point. An approved waiver overcomes the ban and results in visa issuance. Be aware that some ineligibilities such as falsely claiming US Citizenship result in a lifetime ban and waivers are not available. In the case where the applicant has been determined to be a drug or alcohol addict at the pre-visa interview medical exam, a waiver is not available and a visa is not available for three years. In these cases, the consulate generally has other requirements such as proof of rehabilitation and/or submission of regular drug tests results during the waiting period. In these cases, it’s extremely important that the applicant understands exactly what the consulate requires.

Visa Ineligibilities include: (Complete list here: Classes of Aliens Ineligible to Receive Visas

• Have been determined to have a communicable disease

• Have been determined to have a dangerous physical or mental disorder

• Have been determined to be a drug or alcohol abuser

• Have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution

• Are likely to become a public charge

• Have used fraud or other illegal means to enter the United States (misrepresentation)

• Have accumulate illegal presence in the United States of more than 180 days

• Have a two foreign residency requirement (for former exchange visitors).

What happens if the visa applicant is not eligible for a visa due to ineligibility?

At the visa interview, the consular officer determines if the applicant is ineligible for a visa, determines if the law provides for a waiver and determines if the applicant is eligible for a waiver. For this reason, waivers cannot be submitted until the interview has taken place and the applicant has been denied. I-601 waivers filed at a consulate are adjudicated by the CIS 601 adjudicator abroad. If you know in advance that a waiver will be required, in the interest of time it’s best to have the waiver completely prepared and ready to submit immediately after the denial at the visa interview. Consular officers usually provide the waiver form to the applicant along with reason for denial and denial codes written in. Fingerprints need to be taken and the waiver fee needs to be paid. Then a complete waiver package can be submitted.

What does the law require?

The law requires that the “Qualifying US Citizen” (the USC fiance ( fiancee ) or spouse) proves “extreme hardship” to them, the USC, if the fiancé or spouses visa is not ultimately approved and as a result they need to relocate permanently to their fiancé/spouse’s country. (A US citizen fiancé IS a qualifying relative – see 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i)). Extreme hardship" is vaguely defined as “greater than the normal hardship the qualifying relative can be expected to experience if the Alien is denied admission”. At some consulates, it is necessary to prove both why the USC cannot move abroad AND why the USC cannot simply live in the US without the Alien. Most waiver hardship letters chose one point of view. Be sure to clarify with the consulate exactly what they require.

Hardships and Evidence:

The USC needs to write a clear and detailed letter explaining each situation and circumstance that will cause “extreme hardship”. It is not enough to say that the US Citizen will feel sad or miss the fiancé/spouse – this is “normal” hardship. The details provided in the letter as well as the evidence/documentation are the key, vital issues in the waiver process.

The best way to approach the hardship letter and evidence is for the USC to think about every aspect of how their life would change if they had to relocate permanently to their fiancé/spouses country. These arguments form the basis of the hardship letter. Again, each argument must be supported with evidence. Note that some consulates require a letter from the visa applicant in addition to the letter from the USC. Be sure to clarify with the consulate whether or not this is necessary.

Extreme hardship can be demonstrated in many aspects of your life such as:

HEALTH/MEDICAL - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your fiancé/spouse’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.

FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).

EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.

PERSONAL CONSIDERATIONS - Close relatives in the United States; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.

SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

Any other situation that you feel may help you meet the burden of extreme hardship.

Include as much legitimate, detailed evidence as possible. For example, in discussion of medical conditions of the USC, include personal letters from your doctor, nurses, therapists, medical records, prescription information, etc. Always try to include information from US government sources such as Information from the National Institutes of Health

In cases that are not personal issues such as safety in the fiancé/spouse’s country, cite US government sources such as Consular Information Sheets or CIA factsheets

Approach the letter and evidence with the idea that the adjudicator knows nothing about your situation, be it medical, financial, safety, education, employment, etc. and be prepared to explain and prove each and every item.

What happens next?

After the waiver form, fees, fingerprints and hardship letter/evidence have been submitted, the fiancé/spouse may not enter the United States. Waiver adjudication is generally slow, and varies by consulate. Some consulates have an on-line tracking system such as London, while others provide no updates or information until a decision has been made. Once a waiver has been approved, it means the inadmissibility has been “waived” and a visa can now be issued. A date is set up for visa pick-up or delivery (depending on the consulate’s procedure). Once the visa has been received, the fiancé/spouse can legally enter the United States and continue the next steps in the fiancé/spousal visa process (if any).

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Thank you for an excellent explanation of the waiver process. I'm afraid we may face having to do this in the near future.