I-601 WAIVER UPDATES

[SW21 1]

44 minutes ago, SlowChicken said:

oh wow, that's actually quite quick, just 5.5 months! good for you and congratulations! thanks for letting me know.

Thank You! I hope you get yours approved soon. 

[Nsaqer 0]

On 3/13/2020 at 7:57 AM, Jd_8188 said:

Wow you've been waiting since 2017 may i know what was your grounds of inadmissibility?

Sorry for some reason i just saw this message, CIMT , now we got another RFE dated April 15, 2020

[mrsbrook 4]

Hi all. Beneficiary here. Married in 2014 to US citizen, filed I-130 petition in that same year.

 

20 August 2015 - I was refused at my interview (actually, exactly 6 years ago) due to a CIMT (shoplifting - one lipstick in 1990 when I was 18 - I'm almost 50 now - theft committed by the person I happened to be with, without my knowledge - was arrested as an "accessory" but charged and convicted in chambers without my knowledge of "theft".) I didn't even know that I had a criminal record until I filed my I-130 petition and saw it on my police clearance. I declared everything in my petition, and was still denied at the interview. Subsequent request for reconsideration under the petty offense exemption was ignored, and I was told to file a waiver.

 

At that point we just abandoned the process because we had already been apart for too long, and didn't have the extra $5,000 that we would need to file the waiver.

 

Current situation: My husband's mom passed away in May 2021, and he had to return to US to take care of things. We had been living together in Vietnam (Hanoi) for the prior two years. He is unable to return due to COVID-related visa restrictions for entry into Vietnam. We re-hired Lizz Cannon, and she is just about ready to go ahead and file the waiver.

 

Is there anyone else in a similar position now - that is, just about to, or already filed an I-601? Is there anywhere I can go to see current processing times, and updates from others who are going through this right now? Would love to connect with others in a similar boat.

[alx07 2]

got 601 and 212 approved 7.5 mounts 

[Marthaeu 39]

On 8/21/2021 at 12:38 AM, mrsbrook said:

Hi all. Beneficiary here. Married in 2014 to US citizen, filed I-130 petition in that same year.

 

20 August 2015 - I was refused at my interview (actually, exactly 6 years ago) due to a CIMT (shoplifting - one lipstick in 1990 when I was 18 - I'm almost 50 now - theft committed by the person I happened to be with, without my knowledge - was arrested as an "accessory" but charged and convicted in chambers without my knowledge of "theft".) I didn't even know that I had a criminal record until I filed my I-130 petition and saw it on my police clearance. I declared everything in my petition, and was still denied at the interview. Subsequent request for reconsideration under the petty offense exemption was ignored, and I was told to file a waiver.

 

At that point we just abandoned the process because we had already been apart for too long, and didn't have the extra $5,000 that we would need to file the waiver.

 

Current situation: My husband's mom passed away in May 2021, and he had to return to US to take care of things. We had been living together in Vietnam (Hanoi) for the prior two years. He is unable to return due to COVID-related visa restrictions for entry into Vietnam. We re-hired Lizz Cannon, and she is just about ready to go ahead and file the waiver.

 

Is there anyone else in a similar position now - that is, just about to, or already filed an I-601? Is there anywhere I can go to see current processing times, and updates from others who are going through this right now? Would love to connect with others in a similar boat.

Hi I’m looking for a table with processing times in this forum for waivers . I just send the package for my husband waivers last week and last night I received text message from them with the receipt numbers .

[marroco 3]

On 2/10/2020 at 5:13 AM, geowrian said:

Agreed with the above...

You have to interview for the visa and be determined otherwise eligible first. Either they will find you inadmissible due to misrep - at which point an I-601 can be filed - OR they won't, and no waiver is needed.

My question is CO found misrepresentation during K1 didnt he tell you after interveiw that you need wavier ......or one has to wait for other immigration like ir1 interveiw

[HRQX 4,145]

6 minutes ago, marroco said:

My question is CO found misrepresentation during K1 didnt he tell you after interveiw that you need wavier

Yes, after the K-1 interview the CO can mention needing a waiver for misrepresentation: https://fam.state.gov/fam/09FAM/09FAM050207.html "A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident. To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions. (For a more complete list, see 9 FAM 302 and 9 FAM 305.)"

[marroco 3]

2 minutes ago, HRQX said:

Yes, after the K-1 interview the CO can mention needing a waiver for misrepresentation: https://fam.state.gov/fam/09FAM/09FAM050207.html "A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident. To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions. (For a more complete list, see 9 FAM 302 and 9 FAM 305.)"

Thank you for your response ....so if CO didnt mention about anything about misreprestation and wavier and k1 visa refused and sent back to uscis .....then CO didnt made you ineligible or banned you?? isnt it.....

[ANR2009 2]

Hi all, we received my husband’s visa today. He was denied in 2012 for a crime of moral turpitude and we didn’t apply for a waiver because we were made to think there was no way we would get it. We decided to try once more last year. We used Heller Immigration Law and loved them. I’ve put together this timeline in case it helps anyone! 

I-130 submitted June 26, 2020
I-130 approved October 23, 2020
DS-260 submitted November 24, 2020
I-601 submitted January 13, 2021
I-601 receipt issued February 18, 2021 (we did not receive this, we called USCIS in July to find out any progress which is when we were told it had been issued on this date. The key term we used to get past the automated phone message and speak to a human being at USCIS was “info pass”.)
Notification of Embassy interview March 15, 2021
Medical April 1, 2021
Embassy interview April 12, 2021 (denied)
I-601 approved September 8, 2021
Medical October 1, 2021
Embassy requested passport October 18, 2021
Submitted passport to Embassy October 18, 2021
Passport with visa received October 27, 2021

 

From start to finish it took 1 year, 4 months, and 1 day. Best of luck to all who are on this stressful road! 

[AngelR11111 0]

Hello ANR2009 I am in the same situation I was denied for the same thing and to get a wavier 

My I-601 wavier was approved on September 16th 2021

i want to ask how did the embassy request  the passport was it by email or mail out a letter 

 

 

[ANR2009 2]

They asked by email. 

[AngelR11111 0]

4 hours ago, ANR2009 said:

They asked by email. 

Thank you! If I may ask what embassy where are you working with did they give you a time frame or you received the email Unexpected. Am trying to figure out a timeline for my embassy am in the Dominican Republic 

[ANR2009 2]

16 hours ago, AngelR11111 said:

Thank you! If I may ask what embassy where are you working with did they give you a time frame or you received the email Unexpected. Am trying to figure out a timeline for my embassy am in the Dominican Republic 

We were with the London embassy. No timeline was given.

[ws1889 19]

On 10/28/2021 at 1:33 AM, ANR2009 said:

Hi all, we received my husband’s visa today. He was denied in 2012 for a crime of moral turpitude and we didn’t apply for a waiver because we were made to think there was no way we would get it. We decided to try once more last year. We used Heller Immigration Law and loved them. I’ve put together this timeline in case it helps anyone! 

I-130 submitted June 26, 2020
I-130 approved October 23, 2020
DS-260 submitted November 24, 2020
I-601 submitted January 13, 2021
I-601 receipt issued February 18, 2021 (we did not receive this, we called USCIS in July to find out any progress which is when we were told it had been issued on this date. The key term we used to get past the automated phone message and speak to a human being at USCIS was “info pass”.)
Notification of Embassy interview March 15, 2021
Medical April 1, 2021
Embassy interview April 12, 2021 (denied)
I-601 approved September 8, 2021
Medical October 1, 2021
Embassy requested passport October 18, 2021
Submitted passport to Embassy October 18, 2021
Passport with visa received October 27, 2021

 

From start to finish it took 1 year, 4 months, and 1 day. Best of luck to all who are on this stressful road! 

How did you submit your i-601 before your interview?

[ANR2009 2]

Our lawyer submitted it before the interview and once the interview occurred we sent the denial with our case number.