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Eliezer y Wendy

HELP: My fiance needs waivers, and our NOA2 expires next month.

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I was told just this morning that Waivers are 6-8 months ( if you're lucky) by my attorney and I only asked about the I-601 because that is all we need. You need 2 waivers. I don't know if they process them together or how that works.

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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Filed: Other Timeline

I 601 are being worked on for ppl as far back as Feb 13 -Aug 14

calls to uscis from people waiting are being told by 2nd tier officers

the wait is no longer 5 months; its 7 1/2 months up,& with both waivers

it could be up to 10 months, with luck some get an answer by 7-8 months

but rare.

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Filed: K-1 Visa Country: Guatemala
Timeline

Oh wow. To think that we were so close, and now these waivers. This is going to sound crazy but we wanted to have another baby and we aimed for it. We are just giving the time to find out since on our first interview all we needed was the co-sponsor.

So what happens here now? The approved I-129F expires next month. Would it need an extension or what's the process now that we have these waivers?

Thanks.

Our story on the Herald Tribune Newspapper: http://www.heraldtribune.com/article/20101002/ARTICLE/10021035

2/27/2007 - Wendy and I met in Sarasota, FL
6/30/2007 - We moved in
6/11/2010 - Our son Christopher was born
7/??/2010 - Wendy was cited to report in person at Tampa's Immigration Enforcement Office
1/20/2011 - Wendy left to Guatemala. our son stayed with me.

3/25/2013 - I became a U.S. Citizen
5/07/2013 - I-129F sent.
5/10/2013 - NOA1 received
8/22/2013 to 8/29/2013 - Visit for one week. Christopher stayed with mom.
10/24/2013 - RFE
11/25/2013 - NOA2 Approved!

01/31/2014 - INTERVIEW: Officer said everything was good, but gave us a 221g to submit a co-sponsor with form I-864

2/12/2014 - Was told to file Waivers

5/21/2014 - Waivers I-601 and I-212 filed

12/19/2014 - Waivers Approved

01/26/2015 - K1 VISA ON HAND!!!!!!



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Filed: Timeline

Do U need to file waivers ? If U do U have a yr after interview to send them $585 each

Did U file waivers and get an approval from Nebraska? If U did follow Instruction letter coming

You cannot get the answer on a forum , the questions U ask R confusing...Get an atty asap

Some ppl can check trends by using their or a friends LIN # issued by NSC

Wkending Jan 13.......85 approvals......72 RFEs....2 denials

wkending Feb 7.......75 approvals.......58 RFEs.....4 denials

wkending Feb 14 .......60 approvals......37 RFEs....2 Denials

If U have a LIN # you can sign up @ USCIS & check not just your LIN but for others too by #s

attys and legal aid have no time to do so

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Also, and this is just a thought, but why not get married and file the I-130? I mean, I know that you went through the fiance process, but it is true that it's harder to prove hardship to prove extreme hardship to the USC when the USC is not an immediate relative. They do take that into consideration when reviewing the waivers. I understand that there may be reasons you don't want to get married yet, but it's definitely something we were advised to do since we knew we'd need a waiver.

And yes, waivers are taking much longer than the 4-5 months that USCIS has as a target. Heck, we got an RFE notice, but never received the actual letter and today I received a text saying we're back in initial review. Our case is from July 2013.

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Filed: K-1 Visa Country: Guatemala
Timeline

Also, and this is just a thought, but why not get married and file the I-130? I mean, I know that you went through the fiance process, but it is true that it's harder to prove hardship to prove extreme hardship to the USC when the USC is not an immediate relative. They do take that into consideration when reviewing the waivers. I understand that there may be reasons you don't want to get married yet, but it's definitely something we were advised to do since we knew we'd need a waiver.

And yes, waivers are taking much longer than the 4-5 months that USCIS has as a target. Heck, we got an RFE notice, but never received the actual letter and today I received a text saying we're back in initial review. Our case is from July 2013.

WOuld you really recomend to re-petition with I-130? I don't know if this helps with the waivers but we have a son and might have another on the way. I guess it could be a good idea to refile since the waivers are going to take about the same time it will take for the I-130. Well the I-130 might be approved a little sooner, but they might be a little close.

So is that really a secure option to file the waivers and marry and file an I-130 while waivers processes?

I started and signed up with my lawyer to prepare and file the waivers. He wanted me to go the I-130 route from the beginning, but he didn't mention about forgetting the I-129 and refiling the other. I know my attorney will be open to any suggestion I may have and he would tell me what he think it's best. So I would like to know about cases that have had a hard time with waivers for a fiance and if anybody have had to just marry and refile.

Thanks again.

Our story on the Herald Tribune Newspapper: http://www.heraldtribune.com/article/20101002/ARTICLE/10021035

2/27/2007 - Wendy and I met in Sarasota, FL
6/30/2007 - We moved in
6/11/2010 - Our son Christopher was born
7/??/2010 - Wendy was cited to report in person at Tampa's Immigration Enforcement Office
1/20/2011 - Wendy left to Guatemala. our son stayed with me.

3/25/2013 - I became a U.S. Citizen
5/07/2013 - I-129F sent.
5/10/2013 - NOA1 received
8/22/2013 to 8/29/2013 - Visit for one week. Christopher stayed with mom.
10/24/2013 - RFE
11/25/2013 - NOA2 Approved!

01/31/2014 - INTERVIEW: Officer said everything was good, but gave us a 221g to submit a co-sponsor with form I-864

2/12/2014 - Was told to file Waivers

5/21/2014 - Waivers I-601 and I-212 filed

12/19/2014 - Waivers Approved

01/26/2015 - K1 VISA ON HAND!!!!!!



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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

WOuld you really recomend to re-petition with I-130? I don't know if this helps with the waivers but we have a son and might have another on the way. I guess it could be a good idea to refile since the waivers are going to take about the same time it will take for the I-130. Well the I-130 might be approved a little sooner, but they might be a little close.

So is that really a secure option to file the waivers and marry and file an I-130 while waivers processes?

I started and signed up with my lawyer to prepare and file the waivers. He wanted me to go the I-130 route from the beginning, but he didn't mention about forgetting the I-129 and refiling the other. I know my attorney will be open to any suggestion I may have and he would tell me what he think it's best. So I would like to know about cases that have had a hard time with waivers for a fiance and if anybody have had to just marry and refile.

Thanks again.

I wish I knew what the right answer was. I'd definitely see what your attorney recommends. Maybe bring it up to get his opinion. The attorney I consulted with made a good case as to why going the fiance route was not in our best interest. And I'll be honest with you, I couldn't imagine going through the waiver process with him being anything but my husband and with the added pressure of marrying within 90 days of arrival.

However, your relationship probably has many qualities of a marriage. I think what you should focus on with your lawyer is how to prove extreme hardship for the waiver letter.

Edited by ShirahBet
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  • 10 months later...
Filed: K-1 Visa Country: Guatemala
Timeline

**UPDATE***

So after all this long the waivers for my fiance were recently approved. We filled them on May 21, and were approved on December 19. It was a long detour, but we are now back with our hope to be back together soon.

Thanks every one!

Our story on the Herald Tribune Newspapper: http://www.heraldtribune.com/article/20101002/ARTICLE/10021035

2/27/2007 - Wendy and I met in Sarasota, FL
6/30/2007 - We moved in
6/11/2010 - Our son Christopher was born
7/??/2010 - Wendy was cited to report in person at Tampa's Immigration Enforcement Office
1/20/2011 - Wendy left to Guatemala. our son stayed with me.

3/25/2013 - I became a U.S. Citizen
5/07/2013 - I-129F sent.
5/10/2013 - NOA1 received
8/22/2013 to 8/29/2013 - Visit for one week. Christopher stayed with mom.
10/24/2013 - RFE
11/25/2013 - NOA2 Approved!

01/31/2014 - INTERVIEW: Officer said everything was good, but gave us a 221g to submit a co-sponsor with form I-864

2/12/2014 - Was told to file Waivers

5/21/2014 - Waivers I-601 and I-212 filed

12/19/2014 - Waivers Approved

01/26/2015 - K1 VISA ON HAND!!!!!!



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  • 1 month later...
Filed: AOS (pnd) Country: Honduras
Timeline

Hello..don't worry ur i130 won't expires as you contact NVC and tell them that you gonna apply for the waiver...they says that i130 expires if you let pass 1 year without contacting NVC but contact them here it the wedsite NVCi601a@state.gov on subject write you #..body write the petitioner Name,DOB..then beneficiary Name,DOB..and tell them that you gonna apply for the waiver..thanks I hope this can help u..good luck..

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