I-601A form approval mistake

[Chewbacca 18]

Hello,

I'm currently in the process of obtaining my Cr1 visa. I was not expecting that the process would go so fast (we sent our petition in August) as we are already at the NVC stage. I had all my fees paid, and the choice of agent, and last week I submitted the DS-260 form and emailed the documents. The only problem is that I am inside USA now. I came here for two conferences and enter the country under the VWP. I did not lie to CPB officer as I was entering, as I am not planning to stay in USA (I'm leaving in 2 weeks) and apply for adjustment of status, and I'm not visiting my husband this time. I even have another trip scheduled to Africa leaving my home country next month.

When filling the DS-260 I listed this visit in the form, and put the length of stay as the date I will depart the USA.

Today I received a letter from NVC saying that they are waiting for the decision from USCIS on my I-601A waiver application. I did not file for this. Does anybody know what this means?

Did I made a mistake for filling the DS-260 while inside USA? I read several posts of people visiting USA while at NVC stage, that's why I did not think it would be a problem.

Any suggestions about how I should proceed?

Thanks!!!

[NikLR 13,227]

What address did you use for your home address?

[Chewbacca 18]

The address in my home country.

[NikLR 13,227]

I would call the NVC. If you arent living in the USA and don't need the waiver Im also unsure why they're asking for it.

[Boiler 45,519]

Brazil is not a VWP country?

[Chewbacca 18]

Brazil is not a VWP country?

No, it's not. I'm have dual citizenship (Brazilian and Italian). I used the Italian passport to enter USA now, but since I'm living in Brazil, I'm applying for the CR-1 visa using the Brazilian passport. I wonder if what triggered the need for this I-601 form was the fact that I mentioned that I'm in USA now, but my last visa in the Brazilian passport is expired (I had a J-1 visa), so they think that I've entered illegally now. I mentioned in the DS-260 form that I have another passport and even gave its number.

Edited November 10, 2016 by Chewbacca

[Boiler 45,519]

Might be. Otr just somebody read it wrong.

[Chewbacca 18]

I called NVC this morning (Friday they were closed because of Veteran's Day), and the person on the phone was not very helpful. They do not know why they think I have petitioned for a waiver. He just asked me if I have been to USA before and told me to send an email telling that I am/will not apply for the waiver. I hope this mistake will not cause any delays.

[NikLR 13,227]

call back IMHO.