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Nextlevel

IR1 Refused: Presidential proclamation 212(f)

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Hello All

 

I went for the interview last week and the officer confirmed to me that all the documents are perfect and that I meet all the requirements for the paperwork

 

The officer  said that since I hold a passport from one of the 7 countries that are on the travel ban list, The immigrant visa will be refused.

 

However the officer said , since my wife is a US citizen, I qualify for a waiver under the "bona-fide relationship" category

 

My question is, how long does this waiver take? since the officer said he will complete the waiver and send it across to the department of state for a decision

 

How long does this waiver process take? anyone been through this situation?

 

 

On the CEAC website it still shows "Refused"


Thank you!

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This process is so new I doubt anyone will be able to give you any meaningful feedback on it. 

Edited by Hypnos

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as far as I know, waivers  are made by the petitioner, not for other person, and only if you are allowed to fill one. In other post of people with the same issue in Syria, the embassy didn't gave them the option to fill any waiver, not yet at least.

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1 minute ago, ASMS said:

as far as I know, waivers  are made by the petitioner, not for other person, and only if you are allowed to fill one. In other post of people with the same issue in Syria, the embassy didn't gave them the option to fill any waiver, not yet at least.

Not in this case. COs can request waivers be approved and that’s what this CO is doing. Unknown how long it will take as it has to go to DC for decision. 

ROC 2009
Naturalization 2010

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6 minutes ago, milimelo said:

Not in this case. COs can request waivers be approved and that’s what this CO is doing. Unknown how long it will take as it has to go to DC for decision. 

Interesting, but even if COs can only recommend the waiver to be granted, it will still depend on DHS right? 

Why if the ban is related with the security of the US, in this case the waiver is for overcome the bonafide of their relationship, instead of background check over the beneficiary, for example?

Also, I thought that for this kind of situations, the petitioners would have to prove extreme hardship.

 

 

OP, Where are you from?

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4 minutes ago, ASMS said:

Interesting, but even if COs can only recommend the waiver to be granted, it will still depend on DHS right? 

Why if the ban is related with the security of the US, in this case the waiver is for overcome the bonafide of their relationship, instead of background check over the beneficiary, for example?

Also, I thought that for this kind of situations, the petitioners would have to prove extreme hardship.

 

 

OP, Where are you from?

That is correct the CO can only recommend the waiver to be granted, it is entirely upto the DHS to approve

 

And you are also correct regarding the extreme hardship part since I was approved an expedite due to medical conditions and had to get proof from the certified doctors listed in the embassy's website which I did and they approved

 

The question still is how long this process usually takes and as the previous member pointed out it seems like there are only a few cases that qualify

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2 minutes ago, Nextlevel said:

That is correct the CO can only recommend the waiver to be granted, it is entirely upto the DHS to approve

 

And you are also correct regarding the extreme hardship part since I was approved an expedite due to medical conditions and had to get proof from the certified doctors listed in the embassy's website which I did and they approved

 

The question still is how long this process usually takes and as the previous member pointed out it seems like there are only a few cases that qualify

 

I'm sorry for your medical condition, What is your country?

You should complete your timeline in visajourney, it will be helpful for you and for others looking the same information.

 

Yes, few cases and everything is new, you can check this part of the forum so you start having an idea of how long usually takes for a waiver to be processed. A the top you will find information on how to prove extreme hardship:

 http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

 

Your case is very particular, so it might be less than a couple of weeks, or between 9/14 months to be approved.

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17 minutes ago, ASMS said:

 

I'm sorry for your medical condition, What is your country?

You should complete your timeline in visajourney, it will be helpful for you and for others looking the same information.

 

Yes, few cases and everything is new, you can check this part of the forum so you start having an idea of how long usually takes for a waiver to be processed. A the top you will find information on how to prove extreme hardship:

 http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

 

Your case is very particular, so it might be less than a couple of weeks, or between 9/14 months to be approved.

Thank you for your message, I shall fill up my timeline later today once I am back from work I hope other users will benefit from it. Country is yemen

 

Will follow that link as well, at a first glance I did see a few useful threads

 

Thank you once again for your input, I highly appreciate it

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Process & Procedures to Progress Reports.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-1 Visa Country: Wales
Timeline

Agree nobody has gone through the process, I had assumed it would be aP and then something like a D3.

“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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