I601 Waiver through Islamabad

[waitinginlorton 3]

Please disregard

Edited July 27, 2012 by waitinginlorton

[waitinginlorton 3]

Hello all,

I have been a silent viewer at the forum for quite some time now. I am a USC trying to bring my husband back to the U.S. He originally came here on student visa but later applied for asylum which was referred to an immigration judge. His court date moved around a lot due to various reasons and when he finally saw the judge, he withdrew his asylum petition and took a voluntary departure to Pakistan. Meanwhile, we had applied for our I130 and when he had his interview, he was denied due to illegal presence in the U.S. of more than 1 year. We consulted with some of the best lawyers (Laurel Scott including) and were told that we do not need an I601 waiver because my husband's "Duration of Status" student visa prevented him from accruing any illegal presence.

The Islamabad consulate insisted that we did, so we filed one. It took 1 year to process the I601 waiver but after all that wait we were told by USCIS Bangkok Office that we did not need a waiver. They sent us a notice stating that and added that they will urge Islamabad to reconsider issuance of visa.

Now Islamabad is processing our visa and have requested a renewed passport, new police certificate, new medical exam and copies of my 2010 and 2011 tax returns. All of these were provided to Islamabad back in December 2010 when he had his consulate interview. Now, they haven't asked for the I864 form again and I am wondering if we should send one in. Our lawyer informed us that we don't need to send if they haven't requested it. Any advice on that?

I wanted to share my experience with everyone in case somebody was in the same situation and could benefit from our experience. It was a nightmare to prepare the waiver and it cost an arm and a leg and in the end we didn't even need it. I have no regrets at this point though because hopefully hubby will be issued a visa soon.

Good luck to everyone on their immigration journeys.

[reelss 4]

Its unfortunate what you had to go through. While I pray none of us have to endure that, it is quite inspiring to read a story such as yours.

I would be proactive and send the updated AOS regardless. It has been 2 years since the last one and a lot could have changed. This question could come up again at the next interview and could cause delays.

If you don't plan to turn in the new AOS to the embassy, I would at the very least make sure that your husband has a copy to take to the interview.

Good Luck!

[waitinginlorton 3]

Thank you for your kind words.

We were hoping that hubby won't need to go in for another interview as he has had two already. One when our visa was denied due to illegal presense and 2nd time when he went to drop off the I601 waiver.

Our lawyer said hopefully they will insert his visa in his passport and send it to us via American Express.

I am kicking myself for not sending it in with my tax returns that I sent last week because it is so expensive to send over documents from the U.S.

I am sending one to him via regular mail today so in case they request it, he can send it in. So far, they haven't made any request for another interview. I really hope he doesn't have to because we have already been through so much!