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Filed: K-3 Visa Country: Bolivia
Timeline
Posted (edited)

Hi All!

This is my first post.

My wife and I were married in December 2005 in Bolivia, and are now filing for her visa (I-130/k3). We've received a case number, but that's it so far. For the reasons listed below, we have to file an Excludability Waiver. My question now is when does the I-601 get filed? and how does the procedure work?

Thanks for all your help. I'm glad to be part of the community!!

Jon

BACKGROUND

My wife was in the U.S. with a tourist visa on 3 occassions, in 1999, 2002 and again, in 2003 (not my wife at these times).

The only time she stayed longer than 6 months was in 2002, when she stayed a total of 10 months. When she left, they did not mention that her 4 month overstay was a problem.

When she arrived again in May 2003, they did not mention a problem either. But when she took a trip to Italy in November 2003, she was denied entry in Chicago and forced to return to Bolivia. Her tourist visa was revoked for 2 violations:

1) overstaying a tourist visa

2) unauthorized work (during an invasive personal search/interrogation, she admitted to working a part-time job while in Virginia during her visit). My wife was 18 years old at the time, and needless to say, traumatized.

Edited by Jon
Filed: Other Country: Colombia
Timeline
Posted

Hi Jon,

I just found out that my husband has to file an I-601, too. We've been married since Aug of 2004, and he's been out of the US since Jan 2005 waiting for his I-130 and his K-3. From the research that I've done, it looks like your wife will file the I-601 at the time of her interview at the US embassy. The thing that I am completely panicked about is that it's not just about filling out the form and filing it, but she has to PROVE that by her not returning to the US you would suffer great emotional and financial hardship. Additionally, it takes 60-180 additional days to get that approved, and there is (from what I have read) a strong likelihood that it will not be approved.

I certainly don't have all the answers on this point, but this is what I have found out in the last 12 hours. It would be great if we could keep in touch about this. My husband is in Colombia.

Take care,

Lorena

Hi All!

This is my first post.

My wife and I were married in December 2005 in Bolivia, and are now filing for her visa (I-130/k3). We've received a case number, but that's it so far. For the reasons listed below, we have to file an Excludability Waiver. My question now is when does the I-601 get filed? and how does the procedure work?

Thanks for all your help. I'm glad to be part of the community!!

Jon

BACKGROUND

My wife was in the U.S. with a tourist visa on 3 occassions, in 1999, 2002 and again, in 2003 (not my wife at these times).

The only time she stayed longer than 6 months was in 2002, when she stayed a total of 10 months. When she left, they did not mention that her 4 month overstay was a problem.

When she arrived again in May 2003, they did not mention a problem either. But when she took a trip to Italy in November 2003, she was denied entry in Chicago and forced to return to Bolivia. Her tourist visa was revoked for 2 violations:

1) overstaying a tourist visa

2) unauthorized work (during an invasive personal search/interrogation, she admitted to working a part-time job while in Virginia during her visit). My wife was 18 years old at the time, and needless to say, traumatized.

Filed: K-3 Visa Country: Brazil
Timeline
Posted
Hi Jon,

I just found out that my husband has to file an I-601, too. We've been married since Aug of 2004, and he's been out of the US since Jan 2005 waiting for his I-130 and his K-3. From the research that I've done, it looks like your wife will file the I-601 at the time of her interview at the US embassy. The thing that I am completely panicked about is that it's not just about filling out the form and filing it, but she has to PROVE that by her not returning to the US you would suffer great emotional and financial hardship. Additionally, it takes 60-180 additional days to get that approved, and there is (from what I have read) a strong likelihood that it will not be approved.

I certainly don't have all the answers on this point, but this is what I have found out in the last 12 hours. It would be great if we could keep in touch about this. My husband is in Colombia.

Take care,

Lorena

Hi All!

This is my first post.

My wife and I were married in December 2005 in Bolivia, and are now filing for her visa (I-130/k3). We've received a case number, but that's it so far. For the reasons listed below, we have to file an Excludability Waiver. My question now is when does the I-601 get filed? and how does the procedure work?

Thanks for all your help. I'm glad to be part of the community!!

Jon

BACKGROUND

My wife was in the U.S. with a tourist visa on 3 occassions, in 1999, 2002 and again, in 2003 (not my wife at these times).

The only time she stayed longer than 6 months was in 2002, when she stayed a total of 10 months. When she left, they did not mention that her 4 month overstay was a problem.

When she arrived again in May 2003, they did not mention a problem either. But when she took a trip to Italy in November 2003, she was denied entry in Chicago and forced to return to Bolivia. Her tourist visa was revoked for 2 violations:

1) overstaying a tourist visa

2) unauthorized work (during an invasive personal search/interrogation, she admitted to working a part-time job while in Virginia during her visit). My wife was 18 years old at the time, and needless to say, traumatized.

I would like to invite you to take a look at this site: immigrate2us.net There are many, many people here going through the I-601 filing.

http://www.immigrate2us.net/forum/viewforu...68cc84d167cad4f

When you go for your initial interview in the home country, you will be denied the visa and told to file the I-601 waiver. Those of us at I2US have the waiver ready to file at that time. There is tremendous support and advice there. Take a look.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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