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Anay Newbie

Anay   0

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I had been refused a H4 visa in May 2016 at Delhi consulate. The VO gave me a form with a case number stating "administration processing". They said due to my previous misreprestation my visa was refused. In July 2018 I again applied for H4 visa with help of a lawyer. My lawyer had asked me to tell my side of story for misrepresentation and handover the waiver package prepared by her to the VO. The VO at Delhi did not ask me in detail about the reason for my misreprestation however she just noted the essential dates regarding misrepresentation only. She did not collect the waiver package prepared by my lawyer. She handed me a document with case number mentioned and "212(a)(6)(c)(I): Misrepresentation when applying for a visa" and "you are eligible to seek waiver on the grounds of ineligibility marked above" we're checked in the document. The VO said she will submit my case number to ARO. However she never mentioned that she is referring my visa waiver request or denying the same to ARO. My lawyer and us are not able to understand as to how to proceed from here. We are unable to check the case number status from India as that option is not available on USA visa application page.
Should we wait for response? How long should we wait? Should I re appear for the visa interview from any other consulate in India.

Boiler Grand Master

Boiler   46,364

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

This is a D3 not a I 601 which is for Immigrant Visa's, does your Layer know the difference?

“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.”

Boiler Grand Master

Boiler   46,364

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

With D3's there is no waiver application submitted, down to the CO to recommend, when was you interview?

“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.”

Boiler Grand Master

Boiler   46,364

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

Assuming the CO recommended a waiver then it goes for approval, most seem to be approved, last time I looked they were taking 6 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.”

Anay Newbie

Anay   0

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How do we know if Consulate Officer has recommended the waiver?  Is it based on the form they gave to me with check against "you are eligible to seek waiver on grounds of ineligibility mentioned".

Also what happens next, how do I track my waiver status? Once a waiver is approved what are the next steps?

Boiler Grand Master

Boiler   46,364

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

I would have asked the CO, sounds like they have recommended a waiver.

 

I am not aware of any way of tracking 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.”

Anay Newbie

Anay   0

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Well I did ask the CO but she never said anything about recommending my waiver or denying it. 

 

That's were the confusion is since we don't know if the waiver has been recommended or not.

 

Thanks for all the help.:)

geowrian Grand Master

geowrian   22,338

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

Until refused or issued, there's nothing to do but wait.

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

 

 
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