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sativo

Can we start an I-601 for a travel visa while waiting for our I-130 interview?

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

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sativo Explorer

sativo   3

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Posted (edited)

My wife over-stayed during her K1 visa. We were planning on doing an AOS but a family emergency required her to return to her home country.

 

We're now waiting for an I-130 approval. I've read that the usually process is that she will get an approval from USCIS, then it will be sent to the visa processing center, and then forwarded to the embassy in her home country. She will then be given an interview and denied because of ineligibility due to her over-stay.

 

From there we file an I-601 and wait, and wait...

 

What I'm wondering is: Can we, in parallel to the above process, file for a travel visa which is much faster. Get an interview for that. File for the I-601... and maybe with the right timing use the I-601 approval to avoid the denial for the I-130 interview?

Edited by sativo
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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

You just posted somewhere else that her 3 year ban has passed.  If so, there would be no denial for that overstay.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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sativo Explorer

sativo   3

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Filed: Timeline
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Posted (edited)
3 minutes ago, Crazy Cat said:

You just posted somewhere else that her 3 year ban has passed.  If so, there would be no denial for that overstay.

You mean the consular will not deny her during the interview based on the over-stay ban?

Edited by sativo
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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
1 minute ago, sativo said:

You mean the consular will not deny her during the interview?

If her ban has expired prior to her interview, there would be nothing to waive. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,486

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

D3 is the waiver for a travel visa

“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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