The 2010 London Waiver List

[Arthur Roberta 1]

A/R:

I'm confused - you have to file your I-130 all over again? Was it approved and you were then denied at the interview? If that's the case, I don't understand why you can't file your waiver now. Maybe somebody can help us figure it out. If you were denied at the interview, it sounds like your I-130 was approved but then you were found to be inadmissible for a visa, which is when you file the waiver of inadmissibility.

Holy smokes, I wonder if they can't find one of the little forms that you return as you exit the US. I've heard of that happening before, and people have had to do that request under the FOIA.

How did they inform you that you were in the US illegally? How had you entered? Under a visa? Or using the VWP?

I can't answer many of your questions, but I wish I could. I can only tell you that our I-130 was approved, but at the interview in Dublin, my husband was denied a visa. We were ready at that time and handed over the I-601 waiver right then & there. Some embassies allow this - others do not. I'm pretty sure London does. The waiver fee at this time is $545. I'm not sure about visiting, as one of the questions they ask is if you have immigrant intent. Some people have come in as a tourist, but were carrying concrete proof that they were going back, such as bills, letter from employer, etc. Those visits were never for over 90 days. I would check very seriously into this, as you do not want to add a "misrepresentation" charge to your list of reasons why you can't get a visa.

Although I can't help much with the technical stuff, I can help with the emotional bull$hit. Believe me, we all know how much this hurts. I know you and your wife are desperate to just be together and build a future. There's no security, no level ground. It's hard to find motivation for anything when this is all you can think about. Try to stay positive. Just look at Nigel above - they made it. You will too.

Where were you all this time - in the US? Or UK?

Thank you JustJ

Our I-130 was approved and I attended the interview in London on the 12th Nov 08 where they decided to put the case in AP. Our Congressman's rep made an inquiry regarding the case and was told it was returned to the US on the 20th Jan 2010. Further inquiries revealed that the case had been denied by the consulate and that we will require a waiver.

The illegal presence was due to my previous wife who at some point (which I do no know) canceled her petition for me

prior to us attending our AOS interview. We were separated not long after the AOS interview when I was told to leave our home. Not long after a guy who I know moved in with her. Later that year I met my current wife and we became a couple. In March the following year my wife passed away and I informed USCIS of her passing (I was awaiting the outcome of the AOS interview at this stage) and it was approx a week later that I received notice that I was in removal proceedings as :-

1/. the petition for me had been withdrawn

2/. I was a citizen of the UK and therefore was in the country illegally.

I contacted an attorney who advised we obtain information regarding the petition withdrawal using the FOIA. I intended to fight the removal proceedings at this stage as none of this had been mentioned to me at the AOS interview. I was informed that whilst in removal proceedings I could not leave the country as it would be held against me as I had to attend a Immigration Court. I really was quite content with this situation for I was in a serious relationship at this time. What the attorney failed to tell me and which we only found out when thankfully my attorney retired and I got a new one was that all the time whilst waiting to attend an Immigration Court, time is accrued against you as illegal presence. The new attorney told me we had to do Voluntary Departure or else I would face an automatic ban from the US ($1500). Well we were lucky and were able to obtain a hearing in time in order for me to return to the UK prior to being banned for a lengthy period.

So from your previous post it would appear that we do not have to go through the I-130 , NVC process again but need to file a waiver at the London Embassy?

Also if the I-130 is not dead as such and is still in effect I cannot visit my wife in the US?

You also feel that and I-601 waiver will be required for what has occured?

It is just that I am at a loss regarding where we go from here. Yes the emotional stuff hurts and what was worse was I had to tell my wife (petitioner)we were denied and I dreaded having to do that. Yes until people have been where we have been until they have had anguish tears and prayers and hope's dashed they have little conception of the toll this takes on peoples lives. To be denied when you have been at fault through ignorance or lack of knowledge in small details in this complicated immigration system to me seems so cruel. even when you employ an attorney you are not saved from disasters, just look how close we came !! We are in our mid 50's and when you are older your time together is so precious.

Thank you for your support and yes we need it

Arthur and Roberta

[Arthur Roberta 1]

Thank you JustJ

Our I-130 was approved and I attended the interview in London on the 12th Nov 08 where they decided to put the case in AP. Our Congressman's rep made an inquiry regarding the case and was told it was returned to the US on the 20th Jan 2010. Further inquiries revealed that the case had been denied by the consulate and that we will require a waiver.

The illegal presence was due to my previous wife who at some point (which I do no know) canceled her petition for me

prior to us attending our AOS interview. We were separated not long after the AOS interview when I was told to leave our home. Not long after a guy who I know moved in with her. Later that year I met my current wife and we became a couple. In March the following year my wife passed away and I informed USCIS of her passing (I was awaiting the outcome of the AOS interview at this stage) and it was approx a week later that I received notice that I was in removal proceedings as :-

1/. the petition for me had been withdrawn

2/. I was a citizen of the UK and therefore was in the country illegally.

I contacted an attorney who advised we obtain information regarding the petition withdrawal using the FOIA. I intended to fight the removal proceedings at this stage as none of this had been mentioned to me at the AOS interview. I was informed that whilst in removal proceedings I could not leave the country as it would be held against me as I had to attend a Immigration Court. I really was quite content with this situation for I was in a serious relationship at this time. What the attorney failed to tell me and which we only found out when thankfully my attorney retired and I got a new one was that all the time whilst waiting to attend an Immigration Court, time is accrued against you as illegal presence. The new attorney told me we had to do Voluntary Departure or else I would face an automatic ban from the US ($1500). Well we were lucky and were able to obtain a hearing in time in order for me to return to the UK prior to being banned for a lengthy period.

So from your previous post it would appear that we do not have to go through the I-130 , NVC process again but need to file a waiver at the London Embassy?

Also if the I-130 is not dead as such and is still in effect I cannot visit my wife in the US?

You also feel that and I-601 waiver will be required for what has occured?

It is just that I am at a loss regarding where we go from here. Yes the emotional stuff hurts and what was worse was I had to tell my wife (petitioner)we were denied and I dreaded having to do that. Yes until people have been where we have been until they have had anguish tears and prayers and hope's dashed they have little conception of the toll this takes on peoples lives. To be denied when you have been at fault through ignorance or lack of knowledge in small details in this complicated immigration system to me seems so cruel. even when you employ an attorney you are not saved from disasters, just look how close we came !! We are in our mid 50's and when you are older your time together is so precious.

Thank you for your support and yes we need it

Arthur and Roberta

The interview was 12th Nov 2009 my mistake

[nigel 7]

What Normally happens with 130 application it gets denied at interveiw due to your overstay, then they say you can apply a 601 waiver

then if your on the ball you can submit the 601 waiver and also hardship letters from the usc and the alien..Then wait until you get a reply.

Not sure if thats the way it works now but still im sure your 130 is still there, somewhere...i don't think you got to re-submit a new 130 again..

hmmm i miffed..

Edited January 30, 2010 by nigel

[nigel 7]

Sorry ive re-read your post..

A waiver is needed for your overstay in the us..

You can not travel to the us on a VWP no longer..

best bet get your waiver filled out with your hardship letters....(make the letters good)

take a look at my approved waiver letters from me and the mrs..also see other samples, this will give you a better idea on how to write such waiver letters....(make them good) post them on here if you want so others can see, or even better post them on immigrant2us.net site, there is plenty of good people there also, who can advise you, and maybe tweak some stuff...

Sorry i wish i can offer more, but it is very durable if you put your mind to it...and London have'nt really got a bad record,..well better than most..

[Arthur Roberta 1]

Sorry ive re-read your post..

A waiver is needed for your overstay in the us..

You can not travel to the us on a VWP no longer..

best bet get your waiver filled out with your hardship letters....(make the letters good)

take a look at my approved waiver letters from me and the mrs..also see other samples, this will give you a better idea on how to write such waiver letters....(make them good) post them on here if you want so others can see, or even better post them on immigrant2us.net site, there is plenty of good people there also, who can advise you, and maybe tweak some stuff...

Sorry i wish i can offer more, but it is very durable if you put your mind to it...and London have'nt really got a bad record,..well better than most..

Thankyou so much for your reply. I have not posted for a while as I have been so stressed. I understand now that our I-130 is still current and we shall have to file an I-601 waiver. Also that I can no longer visit my wife as this process is still in process. We have never been so distressed in our lives. We have yet to receive any paperwork regarding our case and until that time we are still in limbo and unable to move forward. Until we receive any paperwork we cannot make any holiday plans for Roberta to visit me and there is of course the expense of an attorney which we cannot afford that will somehow have to be paid for. I am sure those who have been here know only too well the pain that follows the denial to be allowed to re-united with one's wife/husband or fiancee. Thank you to all who contribute to these forums in order that one can get advice and support in this heartbreaking process.

[nigel 7]

Your welcome...

Like i said it is durable many people has been approved..

So please , please take this hardship letters very serious & with links and info you have at hand now im sure you both can overcome this problem.

shame you did'nt know of what could have & has happened, as you could have had stuff there and then at your interveiw to submit and saved you time.

Nevermind..that's history now....move on and get that waiver in..

If both feel you can't do this, get yourself a lawyer who deals with 601 waiver's such as one been said..

Don't loose hope, i and many other's very well know that it is a trying time for you both, but you can do it im sure..

Best wishes..

[JustJ 0]

You should probably try to find out if there's a time limit for filing the waiver after denial. You don't want to miss the deadline.

[nigel 7]

You should probably try to find out if there's a time limit for filing the waiver after denial. You don't want to miss the deadline.

yep good call...

Edited February 8, 2010 by nigel

[JustJ 0]

Waiver list updated and we're not on it yet.

Over two months post-interview.

[nigel 7]

Waiver list updated and we're not on it yet.

Over two months post-interview.

Is that list up to date though?

[JustJ 0]

Is that list up to date though?

I don't know - it's dated February 8th, so I assume it is. Honestly, I've nearly lost all hope. This snowstorm has broken me.

[nigel 7]

I don't know - it's dated February 8th, so I assume it is. Honestly, I've nearly lost all hope. This snowstorm has broken me.

yep i would'nt pin your hopes up on that site

Don't loose hope and try and Enjoy the snow..

[JustJ 0]

Aw, YES!!!!! We're on the list!!!!

They completed a bunch of cases this week, so check the list, peeps!!!

[Justine+David 218]

Yay for being on your way!! Any idea of time length once on the list?

[JustJ 0]

Yay for being on your way!! Any idea of time length once on the list?

Thank you! It is sa-WEET seeing our case up there. I tracked the other cases, and it looks like maybe another 3 months? Less if we're lucky.