QUICK QUESTION

[new orleans bound 0]

So, 18 days before our 3 year wedding anniversary and 60 days before our case has been in the system for 3 years I get this in the mail.

The last processing action taken on your case Receipt Number: WACxxxxxxxxxx

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

We have our approval. Thank the LORD!

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

[jarl 0]

wow congrants ....

just be carefull all the time especially AR/AP.... from embassy...

good luck

jarl

So, 18 days before our 3 year wedding anniversary and 60 days before our case has been in the system for 3 years I get this in the mail.

The last processing action taken on your case Receipt Number: WACxxxxxxxxxx

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Approval notice sent.

We have our approval. Thank the LORD!

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

[raymaga 25]

Congrats on the approval!!!!

[Peggy 1]

Congrats

[Zee Bee 61]

Congratulations!!!

[kitkat1 5]

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

An approved I-130 does not equal an approved visa. It means you will now have the privilege of interviewing for a spousal visa at your consulate. If you have a visa ineligiblity that requires a waiver, your visa will be denied and you will be told if you are eligible to file a waiver. Then you wait for waiver adjudication. If and when approved, a visa is issued.

[new orleans bound 0]

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

An approved I-130 does not equal an approved visa. It means you will now have the privilege of interviewing for a spousal visa at your consulate. If you have a visa ineligiblity that requires a waiver, your visa will be denied and you will be told if you are eligible to file a waiver. Then you wait for waiver adjudication. If and when approved, a visa is issued.

But that's the thing KitKat. The first time we went for our interview, we were denied and had to submit a waiver for an overstay. The overstay bar has ended. It was over july 7th 2007. So that should mean we're free and clear now and don't have to worry about the waiver. We filed to waiver for the overstay and now that I longer have that bar, I was thinking I should be granted the visa.

[Boiler 46,336]

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

An approved I-130 does not equal an approved visa. It means you will now have the privilege of interviewing for a spousal visa at your consulate. If you have a visa ineligiblity that requires a waiver, your visa will be denied and you will be told if you are eligible to file a waiver. Then you wait for waiver adjudication. If and when approved, a visa is issued.

But that's the thing KitKat. The first time we went for our interview, we were denied and had to submit a waiver for an overstay. The overstay bar has ended. It was over july 7th 2007. So that should mean we're free and clear now and don't have to worry about the waiver. We filed to waiver for the overstay and now that I longer have that bar, I was thinking I should be granted the visa.

You hardly ever hear of an I-130 not being approved. It would have to be because they are for example married curently. I can not remember one, must have been at least one....

If you have no ban then there would be no need for a waiver.

Edited August 5, 2007 by Boiler

[kitkat1 5]

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

An approved I-130 does not equal an approved visa. It means you will now have the privilege of interviewing for a spousal visa at your consulate. If you have a visa ineligiblity that requires a waiver, your visa will be denied and you will be told if you are eligible to file a waiver. Then you wait for waiver adjudication. If and when approved, a visa is issued.

But that's the thing KitKat. The first time we went for our interview, we were denied and had to submit a waiver for an overstay. The overstay bar has ended. It was over july 7th 2007. So that should mean we're free and clear now and don't have to worry about the waiver. We filed to waiver for the overstay and now that I longer have that bar, I was thinking I should be granted the visa.

Ah, didn't realize the ban was over. But if you already interviewed, you would have had an approved I-130 in order to get the first interview, then been denied. If your waiver was approved, you will be granted the visa. (maybe you're talking about the old I-130 that got to you to the interview in the first place? Also, why did you go through the waiver process if you only had a 3 year ban that was ending so soon? I'm confused!)

[new orleans bound 0]

So does that mean I don't have to wait for my I-601 waiver to be approved, right?

An approved I-130 does not equal an approved visa. It means you will now have the privilege of interviewing for a spousal visa at your consulate. If you have a visa ineligiblity that requires a waiver, your visa will be denied and you will be told if you are eligible to file a waiver. Then you wait for waiver adjudication. If and when approved, a visa is issued.

But that's the thing KitKat. The first time we went for our interview, we were denied and had to submit a waiver for an overstay. The overstay bar has ended. It was over july 7th 2007. So that should mean we're free and clear now and don't have to worry about the waiver. We filed to waiver for the overstay and now that I longer have that bar, I was thinking I should be granted the visa.

Ah, didn't realize the ban was over. But if you already interviewed, you would have had an approved I-130 in order to get the first interview, then been denied. If your waiver was approved, you will be granted the visa. (maybe you're talking about the old I-130 that got to you to the interview in the first place? Also, why did you go through the waiver process if you only had a 3 year ban that was ending so soon? I'm confused!)

I don't have it to show it cause the USCIS site has now changed, but my I-130 never said that it was approved. I'll pull the old documents and try scanning them. I believe that my situation might be a bit different-we interviewed on the 130 but for the last two years when you checked the status of the I-130 it always said pending. Never approved. One of the big things I had to do was argue with the Embassy about was my previous work Visa'a. It was one of the biggest reason the Embassy wouldn't accept our waiver at the time of our interview. It took them over 4 weeks to receive the documents. I was really hoping to find the posts from I believe someone butterfly. I think she was in a similar situation. They wouldn't approve her waiver and they waited out the ban. Anyways, my husband and I have to call the congressman and talk to him again about our case. Something is not adding up. Trying to argue my case about the waiver but no-one seems to be listening.

[Boiler 46,336]

So not the I 130

You do not believe your have a ban now, the Consulate think otherwise?.

[kitkat1 5]

I don't have it to show it cause the USCIS site has now changed, but my I-130 never said that it was approved. I'll pull the old documents and try scanning them. I believe that my situation might be a bit different-we interviewed on the 130 but for the last two years when you checked the status of the I-130 it always said pending. Never approved. One of the big things I had to do was argue with the Embassy about was my previous work Visa'a. It was one of the biggest reason the Embassy wouldn't accept our waiver at the time of our interview. It took them over 4 weeks to receive the documents. I was really hoping to find the posts from I believe someone butterfly. I think she was in a similar situation. They wouldn't approve her waiver and they waited out the ban. Anyways, my husband and I have to call the congressman and talk to him again about our case. Something is not adding up. Trying to argue my case about the waiver but no-one seems to be listening.

You don't have to show what?

Did you have an interview where you were denied? What kind of interview was it?

At this point, if you have not already had a visa interview where you were denied, you first have to have an interview. That's where visas are issued.

[new orleans bound 0]

KitKat, I should start off by saying that I have been blessed with the ability to confuse people easily with my written word. I'm hoping this little blurb helps clear the confusion I caused earlier. So here goes- I had an inital I-130 approved in June of 2005 which got me an interview in Montreal in 2006. When we went for the interview we were denied due to my overstay of less than 180 days, resulting in a 3 year bar. After March of 2006, whenever I checked the status of my I-130 is always said pending, never approved. We had many problems getting our waiver off, but Montreal finally accepted it and forwarded to Vermont. So now, as of July 8th of this year my 3 year bar is over, and I'm thinking that I don't need to wait for the waiver approval. At the begining of July, when I checked the status of my three CIS cases, the only one that ever showed approval was the I-129f.(which was abandoned in favour of the I-130) Than on August 2nd I noticed that our I-130 finally said approved-not case pending. The only case which remains in pending status is the waiver. (I'm not talking to my current lawyer while I seek legal representation from someone else). So I'm not sure if I have to wait for my waiver to be approved in Vermont or if it can be abandoned. The waiver in my opinion is a moot point because my 3 year bar ended. We filed the waiver so I could get into the States before my three year ban ended-which didn't happen. Hopeful, I am making sense now

Edited August 13, 2007 by new orleans bound

[Boiler 46,336]

my overstay of less than 180 days, resulting in a 3 year bar.

Do you mean more than?

Just wondered if the I-130 went south with the waiver?

Just do not know., hopefully Kitcat will.

[kitkat1 5]

If the ban is over and you already interviewed, you should not need to wait for the waiver. But I would assume that MTL is not keeping track of the timing on your case so I would contact them for further direction. At this point, all you need is a "visa pick-up" appointment where you would show new medical results (more than one year has passed), and updated documentation to prove support, etc.