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I-601- complications with hardships... have you been approved?

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Filed: AOS (apr) Country: Cyprus
Timeline

http://guruimmigration.me/2009/09/14/top-10-reasons-why-immigrants-get-visas-denied/

A general approval rate for all waivers is useless to gauge by because it really depends on what the ineligibility is.

For example the waiver approval rate for misrepresentation is only is only 21%.

I also am convinced that the Nationality has to do with the approval rate even though it is USCIS that adjudicates them.

From my own experience and from being on VJ for many years I see Nigerians going through European embassies having a difficult time too,

they are just more scrutinized, the 'high fraud country' still clings to their cases wherever they go, even with USCIS waivers.

Here are statistics from the field office which I understand they don't have any longer because they all go to USCIS (in USA) now

but to make a point you can see the different countries' approval rates Accra compared to Frankfurt for example.

http://blog.visarefusal.com/wp-content/uploads/2011/05/uscis-overseas-601-waiver-approval-rates-201000011.pdf

More ideas for hardship to get here from this appealed case which was however dismissed

http://www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20%28h%29/Decisions_Issued_in_2009/Apr032009_05H2212.pdf

I think it would benefit you a lot more to not be vague ( understandably so ) but state what the ineligibility is so you can get specific and

precise answers and possible solutions.

Different ineligibilities call for different approval rates.

immigrate2us dot net has examples of hardship letters.

I understand the high cost of a waiver attorney is discouraging but at least consult one and pay several hundred dollars for him to suggest some

bullet points that you can expand on without him doing the whole package. The knowledge, experience and success rate of a waiver attorney is crucial.

and well worth the money.

In all articles I see spouse or relative is mentioned and I remember years ago Laurel Scott saying that a fiance would be extremely difficult

to get approved. I don't know if that has changed. I would contact her for a phone consult, she is a top waiver attorney

http://www.scottimmigration.net/content/i601memo

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

I find the immigrate2us site difficult to navigate around and find info. I'm sure it's just me, I'm not very computer savvy.

It definitely is not as user friendly as VJ, I agree. Waiver info there is great though.

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: Jamaica
Timeline

It definitely is not as user friendly as VJ, I agree. Waiver info there is great though.

I hope approval rates for fiancé visa have improved over the years. My lawyer didn't mention any lower chance of approval because of that. She seems to be quite positive but maybe that's cuz we paid her lol. I feel worried now.

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Filed: AOS (apr) Country: Cyprus
Timeline

I hope approval rates for fiancé visa have improved over the years. My lawyer didn't mention any lower chance of approval because of that. She seems to be quite positive but maybe that's cuz we paid her lol. I feel worried now.

Not trying to cause alarm, just stay positive and hopefully it will be approved very soon.

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: Jamaica
Timeline

Not trying to cause alarm, just stay positive and hopefully it will be approved very soon.

The only reason we did K1 is because we didn't want to be apart after marriage. Our lawyer is Lizz Cannon. I'll check with her tomorrow.

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Filed: K-1 Visa Country: Wales
Timeline

Takes some time to get used to I2US but worth it.

The issue of Fiancee vs Spouse has been discussed many times, nobody has come up with anything to substantiate that this alone would be an issue. I certainly have never seen this as a pattern.

Certain countries, Mexico being the obvious were seen as much easier to get a waiver through, now the playing field is level.

You see a lot of people coming for advice who have submitted a back of the ** type waiver, I can think of quite a few on here who thought it was just a form to fill in. You do not see many fail where the waiver is well crafted and the issues not too egregious.

“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: AOS (apr) Country: Jamaica
Timeline

Takes some time to get used to I2US but worth it.

The issue of Fiancee vs Spouse has been discussed many times, nobody has come up with anything to substantiate that this alone would be an issue. I certainly have never seen this as a pattern.

Certain countries, Mexico being the obvious were seen as much easier to get a waiver through, now the playing field is level.

You see a lot of people coming for advice who have submitted a back of the ** type waiver, I can think of quite a few on here who thought it was just a form to fill in. You do not see many fail where the waiver is well crafted and the issues not too egregious.

Thanks for this info. Guess time will tell. What happens if it gets denied? Can we get married and have another chance? Or is this the last straw?

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Filed: K-1 Visa Country: Wales
Timeline

You can file a waiver as often as you like.

Edited by Boiler

“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: K-1 Visa Country: Wales
Timeline

Just pay your money!

“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: AOS (pnd) Country: Nigeria
Timeline

http://guruimmigration.me/2009/09/14/top-10-reasons-why-immigrants-get-visas-denied/

A general approval rate for all waivers is useless to gauge by because it really depends on what the ineligibility is.

For example the waiver approval rate for misrepresentation is only is only 21%.

I also am convinced that the Nationality has to do with the approval rate even though it is USCIS that adjudicates them.

From my own experience and from being on VJ for many years I see Nigerians going through European embassies having a difficult time too,

they are just more scrutinized, the 'high fraud country' still clings to their cases wherever they go, even with USCIS waivers.

Here are statistics from the field office which I understand they don't have any longer because they all go to USCIS (in USA) now

but to make a point you can see the different countries' approval rates Accra compared to Frankfurt for example.

http://blog.visarefusal.com/wp-content/uploads/2011/05/uscis-overseas-601-waiver-approval-rates-201000011.pdf

More ideas for hardship to get here from this appealed case which was however dismissed

http://www.uscis.gov/sites/default/files/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20%28h%29/Decisions_Issued_in_2009/Apr032009_05H2212.pdf

I think it would benefit you a lot more to not be vague ( understandably so ) but state what the ineligibility is so you can get specific and

precise answers and possible solutions.

Different ineligibilities call for different approval rates.

immigrate2us dot net has examples of hardship letters.

I understand the high cost of a waiver attorney is discouraging but at least consult one and pay several hundred dollars for him to suggest some

bullet points that you can expand on without him doing the whole package. The knowledge, experience and success rate of a waiver attorney is crucial.

and well worth the money.

In all articles I see spouse or relative is mentioned and I remember years ago Laurel Scott saying that a fiance would be extremely difficult

to get approved. I don't know if that has changed. I would contact her for a phone consult, she is a top waiver attorney

http://www.scottimmigration.net/content/i601memo

I think it's important to note that the statistics are from 2008 and also these are the people that were denied visas. In your example of 21% for misrep, that percentage only includes those that went further to actually apply for a waiver. If my thinking is correct, 79% were initially denied visas at the interview, then they had an option to file the waiver. Out of those that applied and were denied, 21% of the total were had approved waivers, they don't exactly give the statistics for those that chose not to continue the journey and how much that percentage made up of the 79%. I would also be interested to know where they are pulling information for statistics from, because I didn't see a reference.

I also make this distinction because there is a such thing in the USCIS policy manual called "harmless misrepresentation"- meaning misrepresentation that they can still deny you for although it was not material. Those cases would not need a waiver but could be denied for the "harmless misrepresentation", which could account for the chunk of 79%.

Thank you for the other links!

I consulted a while back with an attorney that actually had free consults and were able to get more of an idea of things to include!

Edited by FN&KO

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: AOS (pnd) Country: Nigeria
Timeline

The culture on I2US is quite different as well, particularly when using the "I" word versus the "u" word for those not in the country legally.

I've found that site to not be so user friendly as well- I've had trouble navigating it in times past.

Are you saying that they'll be less sensitive to those here illegally? lol

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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