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kuhio

Need 2nd I-601 Waiver For AOS????

By kuhio in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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kuhio Apprentice

kuhio   1

Posted
Filed: Country: Thailand
 Timeline
Posted

Not sure to post this here or in the waiver section. Since it applies to AOS I thought here would be better.

My (now) wife entered the US in January on a K1 visa. Since we had an inadmissibility we needed to get an I-601 waiver which we applied for (USCIS Bangkok) and were approved. (obviously prior to getting the visa)

Fast forward now. We had our AOS interview today and the IO said she was not sure, but she thinks that the waiver only applies to our visa and we would need to do the whole thing again for AOS. She said she needs to ask "the lawyer".

Am I wrong to assume that the approval of an I-601 should be binding for future immi decisions?

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calibob Proficient

calibob   73

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

I'm hoping not!!! I think the issue is closed based on the 1st 601 unless the beneficiary has committed the same inadmissability a second time since entering on the visa.

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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Penguin_ie Grand Master

Penguin_ie   5,993

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

You are not wrong.

That lady must be new or something- the only way there would be an issue is if new information came to light about the former inadmissability.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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calibob Proficient

calibob   73

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

Thanks Penguin!! Many thanks......

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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  • 3 weeks later...
kuhio Apprentice

kuhio   1

Posted
Filed: Country: Thailand
 Timeline
  • Author
Posted

You are not wrong.

That lady must be new or something- the only way there would be an issue is if new information came to light about the former inadmissability.

Well, sigh, got the letter from the local USCIS office today. Found inadmissible for for the exact same inadmissibility we dealt with in our waiver during the K1 process. No new information about the inadmissibility came to light. The INA section quoted is the same. Says 83 days to apply for I-601..........again.

Called our lawyer who did the waiver for us. He says that they just don't know the law and wants to see the letter we got to see if this can be dealt with by just sending a letter or if he wants to send us to an infopass with a local lawyer he knows.

Sigh...

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C-ma'am Experienced

C-ma'am   684

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

Well, sigh, got the letter from the local USCIS office today. Found inadmissible for for the exact same inadmissibility we dealt with in our waiver during the K1 process. No new information about the inadmissibility came to light. The INA section quoted is the same. Says 83 days to apply for I-601..........again.

Called our lawyer who did the waiver for us. He says that they just don't know the law and wants to see the letter we got to see if this can be dealt with by just sending a letter or if he wants to send us to an infopass with a local lawyer he knows.

Sigh...

Well, at least your lawyer seems to be ready to take care of things. I hope it all works out good.gif

Click to see my K1, AOS, ROC & Naturalization Timelines

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kuhio Apprentice

kuhio   1

Posted
Filed: Country: Thailand
 Timeline
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Posted

Well, at least your lawyer seems to be ready to take care of things. I hope it all works out good.gif

Lawyer is actually quite shocked. Has never had a case where a K1 who needed a waiver and was approved had any problem like this at AOS. Has done hundreds of such cases.

The lawyer I used for the visa is a local attorney back in Thailand. He has referred me to a local lawyer here in San Francisco.

I did the AOS without a lawyer because I assumed all the hard stuff was behind us. Anyway, to attempt to correct this (which may not even work) I now have to retain counsel again and they are going to at the very least file a brief with the officer who made the decision. Possibly even have to file a motion to reconsider. Regardless, it will not be cheap.

Sigh...

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