I-601 Touched?

[DaveyOntario 1]

Here is my dilema. I signed up to view my case online and have alerts sent to me(last year). My visa was approved in Dec. 2009 however the MTL Consulate requested an I-601 waiver post approval. The 601 was received in Vermont June 2010. Now, I have read here, and elsewhere that once a 601 is received a receipt is issued, and if there is any movement the date will change on my online status. The latest, and only information of my online status is the I-130 being approved in July 2009. Is someone here experiencing the same, or, can someone explain to me if the online status is even related to I-601 update, etc.?

Thanks kindly.

[Inky 1,111]

would the waiver not be sent to montreal since they requested it? How come it was sent to vermont.

I would suggest calling DOS for case updates. The website is not always accurate with updates especially if your case is not with USCIS and is at montreal. Montreal does not up date USCIS case status because they have nothing to do with USCIS.

[DaveyOntario 1]

would the waiver not be sent to montreal since they requested it? How come it was sent to vermont.

I would suggest calling DOS for case updates. The website is not always accurate with updates especially if your case is not with USCIS and is at montreal. Montreal does not up date USCIS case status because they have nothing to do with USCIS.

Inky, thanks for responding. The 601 was sent to MTL and a month later it arrived at Vermont. I have called DOS and the response is "pending". Interesting to note, I had a completed 601 in hand at my interview in Nov. 2009 however it was not requested at that time. The interview was in MTL, now, does that mean my case is there, or, because now, the 601 is at USCIS Vermont my case is there?

Thanks

[Inky 1,111]

They didnt tell you at the end of the interview that they wanted it? hm...

If the waiver is in vermont then they might of sent the whole thing back to vermont.. usually they tell you at the interview if you have a problem/ need a waiver etc. Odd.

I would say if your the USC/ask the USC to try contacting your congressman and get the immigration liason person to inquire about it see if that will kick them into gear.

[momof1 205]

This is all completely normal as Canadian waivers are adjudicated in Vermont. Your case will likely say pending until a decision is made. From there, the file will be sent back to Montreal. If the waiver was approved then the visa will be issued from Montreal.

May I ask what your inadmissibility is? How long after your approval were you asked to subit the waiver? It could be that the officer that interviewed you missed it and later noticed before the visa was issued.

[DaveyOntario 1]

This is all completely normal as Canadian waivers are adjudicated in Vermont. Your case will likely say pending until a decision is made. From there, the file will be sent back to Montreal. If the waiver was approved then the visa will be issued from Montreal.

May I ask what your inadmissibility is? How long after your approval were you asked to subit the waiver? It could be that the officer that interviewed you missed it and later noticed before the visa was issued.

Mom, thanks for responding. CIMT minor app. 35 years ago. Asked to submit passport immediately after verbal approval. Sent it in, 2 months later got it back with request for 601. No visa issued, just verbal confirmation of "approved visa". I previously had a few I-192 waivers for the CIMT. Explained this in the I-130 application. Now, my 5 year I-192 is expired because my lawyer believed I would have my visa before expiry. Unable to enter US now. Going on 3 years this November since I-130 application submitted.......

So, is the online status USCIS website applicable to I-601 waivers also, or, is this more a hit and miss situation? Some get touched and some get receipts perhaps?

Now, it certainly would be nice to be touched or allowed into the US while the waiting time happens.

[DaveyOntario 1]

They didnt tell you at the end of the interview that they wanted it? hm...

If the waiver is in vermont then they might of sent the whole thing back to vermont.. usually they tell you at the interview if you have a problem/ need a waiver etc. Odd.

I would say if your the USC/ask the USC to try contacting your congressman and get the immigration liason person to inquire about it see if that will kick them into gear.

Inky, no, did not tell me at the interview darnit. Will contact senator/congressman in November. It will be 6 months that USCIS will have had the 601 application. It certainly would be a nice wedding present after 3 years of marriage in November........SIGH.........

Thanks

[momof1 205]

In all honesty, you shouldn't expect the waiver decision for at least another 6 months. The wait time is calculated by when it is recieved in Vermont not by when you submit it in Montreal. It regularly takes a month or more for the file to be transferred because it is sent in a diplomatic pouch. We recieved the waiver approval from Rome in the United States almost a month before they received it in Algeria.

As you said, some get reciepts and some don't. Some get "touched" and some don't. Its really a waiting game and hopefully it will be worth it in the end for you. My husband received his visa 6.5 years after we filed the I-130 and he'll be eligible for citizenship around our 10th anniversary. Immigration has been the worst thing that has ever happened to me. I was young and naive when I married my husband, and I always thought he would get his green card through asylum. Never in a million years did I think I would be that person with a deported spouse. It finally ended for us, and it will one day soon for you too. Good luck!

Edited September 27, 2010 by momof1

[DaveyOntario 1]

In all honesty, you shouldn't expect the waiver decision for at least another 6 months. The wait time is calculated by when it is recieved in Vermont not by when you submit it in Montreal. It regularly takes a month or more for the file to be transferred because it is sent in a diplomatic pouch. We recieved the waiver approval from Rome in the United States almost a month before they received it in Algeria.

As you said, some get reciepts and some don't. Some get "touched" and some don't. Its really a waiting game and hopefully it will be worth it in the end for you. My husband received his visa 6.5 years after we filed the I-130 and he'll be eligible for citizenship around our 10th anniversary. Immigration has been the worst thing that has ever happened to me. I was young and naive when I married my husband, and I always thought he would get his green card through asylum. Never in a million years did I think I would be that person with a deported spouse. It finally ended for us, and it will one day soon for you too. Good luck!

Mom, thanks for all of your honesty and opinions. So, is it fair to say there is an established wait time for 601 approval? DOS said 6 months at least, Senator said 6 months, lawyer says 6 months, so it appears it's somewhere's in that area. Now, my 601 arrived at USCIS Vermont May 12 so Nov. 12 would be 6 months. I guess my point is that had the CO requested it at the interview in Nov. 2009 (had it on hand ready to submit) the 6 months would have been mid May 2010. Case and point, that's all, and no 601 touches.

I am sure happy that you were able to endure the journey....it certainly is a tough one.... We will prevail cause it will be worth it.

Thanks so much again!

[DaveyOntario 1]

In all honesty, you shouldn't expect the waiver decision for at least another 6 months. The wait time is calculated by when it is recieved in Vermont not by when you submit it in Montreal. It regularly takes a month or more for the file to be transferred because it is sent in a diplomatic pouch. We recieved the waiver approval from Rome in the United States almost a month before they received it in Algeria.

As you said, some get reciepts and some don't. Some get "touched" and some don't. Its really a waiting game and hopefully it will be worth it in the end for you. My husband received his visa 6.5 years after we filed the I-130 and he'll be eligible for citizenship around our 10th anniversary. Immigration has been the worst thing that has ever happened to me. I was young and naive when I married my husband, and I always thought he would get his green card through asylum. Never in a million years did I think I would be that person with a deported spouse. It finally ended for us, and it will one day soon for you too. Good luck!

Oh Mom, one other thing! You are one heck of an inspiration for us here on VJ

[Used to be broken 147]

Oh Mom, one other thing! You are one heck of an inspiration for us here on VJ

Davey,

Other sites that deal a little more extensively with I601 waivers post a significantly more extended period of processing time for the Montreal waivers. It appears it is taking Vermont Service Center approximately 12 months from date of receipt to adjudication. Then apparently they send it back to Montreal to issue the VISA which then takes about another 3 months to actually issue the VISA , "IF" the waiver has been approved. That is a "big IF", because its a hardship waiver.

My advice would be to go back and do as much research on all aspects of the Waiver application requirements to make sure that you do in fact have a clearly demonstrated hardship case that can be approved by the adjudicator. The hardship is proven by the evidence as you may know, so make sure you did a great job in establishing your hardship. If it increases or there is substantial additional facts you can add, then take advantage of the long processing time and update again around the 6 month mark with more evidence.

As for case "status online" not sure you will get the "touches" that you became familiar with in the I130 process to answer your original question. In most overseas USCIS processing posts the bare minimum that is provided is No case status online, and at a few posts they publish a weekly or bi-monthly spreadsheet that simply says the case numbers and either pending, or under review.

Hate to bust your bubble with the bad news on the processing time but since this is such a life altering situation and major decisions like selling the car, extending the apartment lease, quitting a job depend on the outcome, you need to know a realistic real world view based on current cases going through not past history that may no longer apply. Also so you know, it sucks that the Consular didn't catch the need for the waiver at the interview which put you months behind in the process technically but the cases are worked in the order of receipt at the adjudication unit not the I130 approval date like the previous process.

I know this is bad news, but I hope it clarifies things for you.

[Used to be broken 147]

Also, this type of waiting time can be unbearable and often the petitioner decides to go live with the beneficiary (you) during the waiting period. This can be a mistake that can have a bad outcome for your case since the basis of the I601 is that the petitioner cannot live in the US without you and cannot live in your country either for whatever reasons stated in the hardship letter. So if the petitioner picks up and moves to Canada during the interim, then it can undermine the entire process effectively proving just the opposite of what you asserted in the hardship claim.

Be careful on the decisions you make regarding this in the interim.

[DaveyOntario 1]

Davey,

Other sites that deal a little more extensively with I601 waivers post a significantly more extended period of processing time for the Montreal waivers. It appears it is taking Vermont Service Center approximately 12 months from date of receipt to adjudication. Then apparently they send it back to Montreal to issue the VISA which then takes about another 3 months to actually issue the VISA , "IF" the waiver has been approved. That is a "big IF", because its a hardship waiver.

My advice would be to go back and do as much research on all aspects of the Waiver application requirements to make sure that you do in fact have a clearly demonstrated hardship case that can be approved by the adjudicator. The hardship is proven by the evidence as you may know, so make sure you did a great job in establishing your hardship. If it increases or there is substantial additional facts you can add, then take advantage of the long processing time and update again around the 6 month mark with more evidence.

As for case "status online" not sure you will get the "touches" that you became familiar with in the I130 process to answer your original question. In most overseas USCIS processing posts the bare minimum that is provided is No case status online, and at a few posts they publish a weekly or bi-monthly spreadsheet that simply says the case numbers and either pending, or under review.

Hate to bust your bubble with the bad news on the processing time but since this is such a life altering situation and major decisions like selling the car, extending the apartment lease, quitting a job depend on the outcome, you need to know a realistic real world view based on current cases going through not past history that may no longer apply. Also so you know, it sucks that the Consular didn't catch the need for the waiver at the interview which put you months behind in the process technically but the cases are worked in the order of receipt at the adjudication unit not the I130 approval date like the previous process.

I know this is bad news, but I hope it clarifies things for you.

Hello Broken,

Thanks so much for your input. My bubble is fine. What's broken, is the system that allows, "or not" a person to be together with someone they love. Suffice it to say that "we" are penalized for the most insignificant situations that keep us from being with our loved ones. We, as a couple, and perhaps many others will not give up this right, nor our pursuit to find resolve at the earliest time possible. Now,out in the real world of "work for pay" usually someone who does not comply with the scope of the position is usually reprimanded, or should be. Get the drift?

Very seldom do we just sit back and watch life go by, "BUT", we have allowed, in our opinion, the broken system a fair amount of time to process whatever is required for us to be together. We have researched the monster of destiny (in this context) for the last two years,and, now is the time to stand up and be counted rather than be laying down and stepped on.

We have been told by three, as mentoned prior that the processing of I-601 is around the six month window. This will be in November, so, come November, we once again, will stand up and be counted for what is fair for a couple very much in love.

Do we sound like control freaks? Yes, we are, and we will be in control of our life. We are finished researching stuff, it solves nothing at this point in time.

Broken, I have read your timeline. Quite sad huh when someone else is in control?

Hang in there!

Davey

[Used to be broken 147]

Broken, I have read your timeline. Quite sad huh when someone else is in control?

Hang in there!

Davey

Thanks. I "feel you" buddy. Not having ever encountered a situation like this before I did feel totally "out of control" and as much as I could took action that would effect a resolution. You mentioned you looked at my time line and it is sad, but I want to be forthcoming in pointing out the "delay" in our processing times is not a USCIS hang up or glitch security check or AP, its a delay on our part because we realistically evaluated our ability to demonstrate the legal standard of "extreme hardship". We finally applied in September because the family situation has changed so dramatically this past year that we now feel its possible to get an approval of our I601. (crossed fingers)

Although we did have a bit of a hassle with getting to Warsaw for the VISA interview which delayed things by a couple months, overall the processing times during the various parts of the process, I130, NVC processing, etc have lined up with other folks who have submitted similar applications to the same locations we did during the time frame ours was being processed.

Although the decisions made by the adjudicators and processing folks at the USCIS and Embassy are not within my control, it was some solace and sense of continuity to compare our processing times with others processing through the same country or stateside office simultaneously. At least that way we were assured our case was within "normal" processing times and not lost or sitting in a black hole somewhere.

While six months is the estimated time at the USCIS post our case is being processed through and other folks are seeing approvals/denials in as little as 3-6 weeks. Knowing the facts of my case I do not think this is possible for us. Because of previous Immigration proceedings they will need to see my spouses A-file. My guess is they will put the case in the pending file and once they open it they will realize they need it and send off for it. It will likely take 4-6 weeks to get the A-file to the USCIS office from the states. So at minimum that probably adds an additional two months to whatever the current processing times are coming out of that Embassy. If they have to do research or request additional information from us it will add even more time. Of course if you or I were running that office we might ask for the A-file the minute the case is received so it would be coming along at the same pace as the other cases in the que. From my casual observations unfortunately I do not think they work like that. Sounds crazy but there is some peace in not unrealistically expecting some of the speedy answers that are coming out of the post we are dealing with. Knowledge is power some motivational speaker said, while I feel no power and the only knowledge is this is 3rd party reports by anonymous strangers on the internet, nonetheless its been somewhat comforting.

Unfortunately "standing up for what is fair" in this type of situation is a very gray area. The average American has no idea of the depths of the Immmigration Bureacracy as we now intimately know it. For me I have taken this time to work in a volunteer capacity with an Immigration Advocacy Organization that works on a legal remedy for these types of cases. Initially going into this I felt like a whipped dog, but after having met and read so many stories of folks who have no remedy and circumstances that are far more critical than ours, I was humbled by their grace and fortitude.

My hats off to you and I wish you the best outcome and a speedy decision. Don't leave us hanging when you get an update come back and let us know.

Edited October 2, 2010 by brokenfamily

[momof1 205]

Waiver cases have been successful with the petitioner living either in the US or in their spouse's country during processing. An argument must me made as to why you cannot live in their country and why you cannot live in the US without them BUT during waiver processing you must do one or the other. Laurel Scott has repeatedely said that in her experience, which is very extensive BTW, that it doesn't matter which you choose.

I absolutely could not stay with my husband at all during the waiver processing bc my son's congenital heart condition. I could, however, stay in the US for him to continue to receive the care he needed. The trick was explaining why I couldn't do it forever which was for how long he was banned.