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Jessicavernekar

601 fraud waiver and 212 applying in india

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Filed: K-1 Visa Country: Wales
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Slightly concerned that you have not been through this with your legal team.

I 601s have being taking 5 months or so.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: India
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We have had a lawyer since the beginning, but I don't have much faith in lawyers, but it was my husband's choice to get one. I feel as though we could have done just as much without one. IMO. I am a highly educated independent woman, but this immigration stuff is a little over my head, so I agreed.

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Filed: K-1 Visa Country: Wales
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Not all immigration lawyers are competent with waivers, there is a minority usually female for some reason that specialise in them.

My concern would be that you are seemingly well into the process but also seem to be fairly clueless. Admittedly this is not something for everyone but there is plenty of information out there.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: India
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Not really sure. The lawyers I consulted with said that the 485 would have to be denied first to get the approval to file the 601 and 212 waivers.

Jessica:

My lawyer said the same thing recently. Last year, he was telling us that he would file the waiver as soon as we got an embassy interview apt. But now, he is saying we have to get a disapproval for entry and for whatever basis they deny entry, we will use that for the waiver. I hope he knows what he is talking about, but I am glad I saw your post here. At least he is consistent with what you have here. That makes me feel better. Our file to the NVC should be complete this coming week and hopefully an apt. date will be issued from New Delhi, India soon. According to the lawyer, that date may be six months out. Someone mentioned the waivers then take about five months after that. I hate this wait. Hubby has already been gone almost a year, as he self deported in August of 2014. He had an order to deport, but he self deported. This is a really frustrating period. I am a federal employee, but the DHS bunch seem so very slow, rude, and incompetent. Finally, we are with the DOS and hopefully they will move faster.

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Filed: Other Country: India
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Yes same here I hear different stories from everyone so I figured I would ask other people who have through situation. I feel I will be better off sending the paperwork on my own because you can never get a straight answer. It's so very frustrating when families are forced apart and have to go through this. I hope all goes well for you and your family.

Jessica:

My lawyer said the same thing recently Last year, he was telling us that he would file the waiver as soon as we got an embassy interview apt. But now, he is saying we have to get a disapproval for entry and for

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immigrate2us.net should be your home base for waivers - they deal with them on a much bigger scale than you will ever find on VJ.

ROC 2009
Naturalization 2010

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Filed: AOS (apr) Country: Cyprus
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This is not just about filling out a waiver form. You have to put together a hardship letter package with supporting documents/evidence

such as medical reports, financial hardship etc. to overcome this and there need to be strong

points of hardship. I would not attempt this without a competent waiver attorney who knows what he/she is doing.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: AOS (apr) Country: Cyprus
Timeline

Is there anyone who has had a good waiver if so can you send me the names not very many that I talked to have been able to do them.

Research here, they also have a list of good attorneys: http://immigrate2us.net/forum/forumdisplay.php?131-I-601-General-Waiver-Information

Laurel Scott is very good but also expensive. She has a free chat sometimes.

You can also find a lot of guidance with sample hardship letters and how to put the package together. Don't rush this, take your time

and research those forums on waivers and get it right.

Edited by Ebunoluwa
Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Wales
Timeline

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

For lawyers.

Laurel does not do her chats any longer, she may be not taking on new clients.

He will theoretically not know his inadmissibilities before the interview at the Consulate, usually these are well know in advance and a waiver can be prepared in anticipation.

Waiver is a package, the extent of hardships etc, the barrier needed to jump to pass depends what is being waived. Start with a simple overstay and goes up from there. Not sure what charges are likely to be involved here.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

Thanks for all the great info. What would be a reason for him not to be eligible for a waiver?

CIMT agg. felon , misrep oneself as A USC CO would not approve waiver filing.

Waivers are discretionary & requires good waiver atty.

Run as fast as you cant from that atty...he is clueless

Liz Cannon, Heather Poole & Megan Klundt are good & reasonable

OP definately not a DIY its not just forms it need evidences & brief

Edited by Jawaree
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Filed: AOS (pnd) Country: Nigeria
Timeline

Material fraud is hard to overcome & no waiver available for that & I hope I'm wrong .

This is incorrect information. There is a waiver for misrepresentation if you are found eligible.

Also, "Not enough hardship" isn't a reason to be ineligible for a waiver, but it is a reason to be denied a waiver after you have filed.

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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Filed: Citizen (apr) Country: Nigeria
Timeline

When it comes to waivers you don't need the first lawyer in the phonebook , you need the best one you can find ( even if you can't afford them )

This will not be over quickly. You will not enjoy this.

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Filed: Other Country: Ukraine
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Jessica:

My lawyer said the same thing recently. Last year, he was telling us that he would file the waiver as soon as we got an embassy interview apt. But now, he is saying we have to get a disapproval for entry and for whatever basis they deny entry, we will use that for the waiver. I hope he knows what he is talking about, but I am glad I saw your post here. At least he is consistent with what you have here. That makes me feel better. Our file to the NVC should be complete this coming week and hopefully an apt. date will be issued from New Delhi, India soon. According to the lawyer, that date may be six months out. Someone mentioned the waivers then take about five months after that. I hate this wait. Hubby has already been gone almost a year, as he self deported in August of 2014. He had an order to deport, but he self deported. This is a really frustrating period. I am a federal employee, but the DHS bunch seem so very slow, rude, and incompetent. Finally, we are with the DOS and hopefully they will move faster.

Correct me if I am wrong, but I think your husband did not deport himself, instead He had a voluntary departure, that's different, I had a voluntary departure some years ago and in the immigration process makes difference, I had to go to the American Embassy in my country, show up, they sealed some paperwork I had to confirm I went back to my country, I have a good Lawyer in DC

Edited by tine71
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