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Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted (edited)

Just wanted to share a bit of information with everyone facing an I-601 decision from a consulate...

I went for my spousal visa interview in Montreal in August. In my past, I had a CIMT and in EVERYONE'S opinion that I shared my information with, I was clearly NOT inadmissible. In other words, I should have been found ADMISSIBLE and not needing a waiver because I fell under the petty theft exclusion.

BUT - the CO that interviewed me either (a) misinterpreted the INA law or (b)had a chip on his shoulder in regards to me ooor maybe he was just having a really bad day because he recommended that my visa was denied and that I needed to file an I-601.

Well, I retained the services of an excellent attorney and we fought for what was right. Even though I had a very influential person offer to file a waiver on my behalf, to get it expedited (my husband is military and was fixin to be deployed). This person told me it would be much faster and easier to just go ahead and file the waiver, that way, with the expedite I could be in the US with my husband well in advance of his leaving.

But we didn't do that - we decided to fight, because the CO HAD made an error and we were very confident that I didn't need a waiver. After a MTR (motion to reconsider) filed with the consulate *which was denied by the CO*, multiple emails to and back from the consulate, an advisory opinion filing AND yet another email to the consulate - finally SUCCESS!!

So I guess the moral of my story is - don't give up fighting, even if it seems like it's hopeless. We fought from August to December but in the end, I didn't have to file a waiver, the CO reversed his decision and I was granted my visa in December.

Good luck everyone, don't give up on what you believe. In the end, it's worth every tear you shed.

Edited by Sweetcheeksss
TBoneTX Grand Master

TBoneTX   45,659

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Congratulations, si man! :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

DaveyOntario Explorer

DaveyOntario   1

Posted
Filed: Timeline
Posted

Just wanted to share a bit of information with everyone facing an I-601 decision from a consulate...

I went for my spousal visa interview in Montreal in August. In my past, I had a CIMT and in EVERYONE'S opinion that I shared my information with, I was clearly NOT inadmissible. In other words, I should have been found ADMISSIBLE and not needing a waiver because I fell under the petty theft exclusion.

BUT - the CO that interviewed me either (a) misinterpreted the INA law or (b)had a chip on his shoulder in regards to me ooor maybe he was just having a really bad day because he recommended that my visa was denied and that I needed to file an I-601.

Well, I retained the services of an excellent attorney and we fought for what was right. Even though I had a very influential person offer to file a waiver on my behalf, to get it expedited (my husband is military and was fixin to be deployed). This person told me it would be much faster and easier to just go ahead and file the waiver, that way, with the expedite I could be in the US with my husband well in advance of his leaving.

But we didn't do that - we decided to fight, because the CO HAD made an error and we were very confident that I didn't need a waiver. After a MTR (motion to reconsider) filed with the consulate *which was denied by the CO*, multiple emails to and back from the consulate, an advisory opinion filing AND yet another email to the consulate - finally SUCCESS!!

So I guess the moral of my story is - don't give up fighting, even if it seems like it's hopeless. We fought from August to December but in the end, I didn't have to file a waiver, the CO reversed his decision and I was granted my visa in December.

Good luck everyone, don't give up on what you believe. In the end, it's worth every tear you shed.

Atta Girl Sweet! Go for what you believe in. A big Kudos to you! :)

Sergi9 Community Regular

Sergi9   110

Posted
Filed: IR-1/CR-1 Visa Country: Russia
 Timeline
Posted

So I guess the moral of my story is - don't give up fighting, even if it seems like it's hopeless. We fought from August to December but in the end, I didn't have to file a waiver, the CO reversed his decision and I was granted my visa in December.

Good luck everyone, don't give up on what you believe. In the end, it's worth every tear you shed.

Good job! Glad to hear it went your way ! Thanks for reminding everyone about MTR "motion to reconsider" when there is Consular error.

Used to be broken Proficient

Used to be broken   147

Posted
Filed: IR-1/CR-1 Visa Country: Belarus
 Timeline
Posted

What is this motion to reconsider. Going through the same thing with the consulate. Is this a form one has to fill out or just a request to me made to the embassy

As far as it is clear to me, the MTR is filed by an attorney on your behalf, and basically asks with supporting evidence or reference to case law or Immigration law that the consulate re-look at the facts of the case. Not sure it can be done by petitioner.. am pretty sure this can only be done by attorney.

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