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MarinaRubio

Be denied IR1 Visa for Spouse with an Approved I601A

By MarinaRubio in Waivers (I-601 and I-212) and Administrative Processes (221g)

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MarinaRubio Newbie

MarinaRubio   1

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted (edited)

I am a US citizen and applying for my husband to get his VISA IR1. 

I130 has been approved as well as the I601A.

And now has the appointment at the Embassy in Cuidad Juarez Mexico soon.

But my concern is that at his attempts of coming to the US illegal in 2001. He was caught by the border patrols twice.

1st time he was caught and fingerprinted and released back to Mexico the same day.

2nd time he was only asked his name and released within an hour.

Will the approved I601A count for both attempts?

We have one child and plus other childrens that he support (from my previous marriages).

Can I get a thought, options, risk, and/or suggestion?

Thank you for your time.

Edited by MarinaRubio
CA1515 Enthusiast

CA1515   78

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted (edited)
17 hours ago, MarinaRubio said:

I am a US citizen and applying for my husband to get his VISA IR1. 

I130 has been approved as well as the I601A.

And now has the appointment at the Embassy in Cuidad Juarez Mexico soon.

But my concern is that at his attempts of coming to the US illegal in 2001. He was caught by the border patrols twice.

1st time he was caught and fingerprinted and released back to Mexico the same day.

2nd time he was only asked his name and released within an hour.

Will the approved I601A count for both attempts?

We have one child and plus other childrens that he support (from my previous marriages).

Can I get a thought, options, risk, and/or suggestion?

Thank you for your time.

Hi Marina, 

 

Was he caught all in the same 1  and only attempt to enter the US or did he come in then leave and tried to come back to US again?

Edited by CA1515
Franco007 Enthusiast

Franco007   27

Posted
Timeline
Posted
17 hours ago, MarinaRubio said:

I am a US citizen and applying for my husband to get his VISA IR1. 

I130 has been approved as well as the I601A.

And now has the appointment at the Embassy in Cuidad Juarez Mexico soon.

But my concern is that at his attempts of coming to the US illegal in 2001. He was caught by the border patrols twice.

1st time he was caught and fingerprinted and released back to Mexico the same day.

2nd time he was only asked his name and released within an hour.

Will the approved I601A count for both attempts?

We have one child and plus other childrens that he support (from my previous marriages).

Can I get a thought, options, risk, and/or suggestion?

Thank you for your time.

Hi Marina,

 

My first observation is that you filed an I-601a instead of an I-601.

I-601a is for those who are still in the United States illegally and need to change their status.

I-601 is for those who came into the united States illegally and left either voluntarily or got caught and deported. (which is your spouses case)

 

On a brighter note, let him attend the interview first and whatever the outcome is then you take it from there. Worse case, If he gets denied advise him to ask the Interviewer what he need to do to overcome his denial.

 

I wish you well.

MarinaRubio Newbie

MarinaRubio   1

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
4 hours ago, CA1515 said:

Hi Marina, 

 

Was he caught all in the same 1  and only attempt to enter the US or did he come in then leave and tried to come back to US again?

He was caught ; for an example March 2 which he was fingerprinted but released that same day... then he again got caught on March 5th (not fingerprinted )and released within an hour.

3 hours ago, Franco007 said:

Hi Marina,

 

My first observation is that you filed an I-601a instead of an I-601.

I-601a is for those who are still in the United States illegally and need to change their status.

I-601 is for those who came into the united States illegally and left either voluntarily or got caught and deported. (which is your spouses case)

 

On a brighter note, let him attend the interview first and whatever the outcome is then you take it from there. Worse case, If he gets denied advise him to ask the Interviewer what he need to do to overcome his denial.

 

I wish you well.

he is currently in the US with me.. that why we applied for the I601A and was approved

Franco007 Enthusiast

Franco007   27

Posted
Timeline
Posted (edited)
1 hour ago, MarinaRubio said:

He was caught ; for an example March 2 which he was fingerprinted but released that same day... then he again got caught on March 5th (not fingerprinted )and released within an hour.

he is currently in the US with me.. that why we applied for the I601A and was approved

Ok if he is currently in the U.S you are good to go.

Even if he was caught several times after you filed the I-601a, i do not think that will be a problem because you already have the filing in process.

And that is why he was not finger printed because i am sure Border Patrol called to verify his claim and was told he has a pending filing. 

Edited by Franco007
CA1515 Enthusiast

CA1515   78

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted
1 hour ago, MarinaRubio said:

He was caught ; for an example March 2 which he was fingerprinted but released that same day... then he again got caught on March 5th (not fingerprinted )and released within an hour.

he is currently in the US with me.. that why we applied for the I601A and was approved

Then there is nothing to worry bout, the pardon (i-601A) is for his illegal entrance into the US. Since he only came in the one time even though he was caught a couple times it was all within the same time trying to come in the 1 time. Which they already approved! So no worries!

MarinaRubio Newbie

MarinaRubio   1

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
  • Author
Posted
Just now, CA1515 said:

Then there is nothing to worry bout, the pardon (i-601A) is for his illegal entrance into the US. Since he only came in the one time even though he was caught a couple times it was all within the same time trying to come in the 1 time. Which they already approved! So no worries!

Thank you so much for your response. I also got suggestions and answers from others.. which was the same response as yours. 

Feels good to know i have the same response.. 

Again, thank you and God Bless

Boiler Grand Master

Boiler   45,837

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I assume the OP is concerned he might be 9C.

“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.”

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Assuming he disclosed all entries on the I-601A, then if the I-601A is approved, he should be fine. If he is not eligible for a waiver at this time (i.e. if there was a 9C bar), then the I-601A shouldn't be approved in the first place.

 

6 hours ago, Franco007 said:

My first observation is that you filed an I-601a instead of an I-601.

I-601a is for those who are still in the United States illegally and need to change their status.

I-601 is for those who came into the united States illegally and left either voluntarily or got caught and deported. (which is your spouses case)

To be more specific,

I-601A is a provisional waiver for an inadmissibility due to unlawful presence, which must be filed while inside the US. It doesn't necessarily refer to changing/adjusting status within the country...in fact, it's usually used when one interviews abroad for an immigrant visa.

I-601 is a hardship waiver for various inadmissibilities, including unlawful presence. It can be filed from within the US or outside the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   45,837

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I 601A will not asses any other inadmissibilities, that would be for the Consulate.

“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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