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PERMANENT BAN. We are not sure what to do.

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1 hour ago, Uwaila said:

if it gets denied, do we file a new waiver or do we continue with the old one?

You need a plan B, as in moving to his country.   I think him getting an immigrant visa is unlikely.

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Filed: Country: Jamaica
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2 hours ago, Uwaila said:

@Boiler NO. 

i filed K1 in 2019 and he got denied for misrep.

filed I130- May2022

Filed i601- Feb 2023

I130 Approved Feb 2024. DQ May 2024 but still waiting for interview date.

 

we haven't heard anything yet from USCIS regarding the i 601

 

You still need to clear the misrepresent with a valid divorce decree. You got married after the new divorce was finalized?  Hopefully you have a good lawyer. 

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: Citizen (apr) Country: Kenya
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2 hours ago, Uwaila said:

Thank you all for the response.

Yes we including the legit divorce decree when I filed the i130 and also the i601 waiver. Also, a lawyer gave us the documents and we honestly had no clue if was not documented in court. we didn't know he had to go for hearing. But we have done everything the right way now.

 

Aaaaaaa? This is either not true and if it is, report the lawyer/ publicly post it so to help others avoid his showdy services.

 

Nigerians have been known for fraudulent divorce decrees. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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12 minutes ago, Timona said:

 

Aaaaaaa? This is either not true and if it is, report the lawyer/ publicly post it so to help others avoid his showdy services.

 

Nigerians have been known for fraudulent divorce decrees. 

And also OP-  ultimately, your husband is 100% responsible for the content of what he submits.   

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Filed: IR-1/CR-1 Visa Country: Kenya
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1 hour ago, Timona said:

 

Aaaaaaa? This is either not true and if it is, report the lawyer/ publicly post it so to help others avoid his showdy services.

 

Nigerians have been known for fraudulent divorce decrees. 

There are 4 levels of corruption. least, corrupt, most corrupt and Nigeria

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4 hours ago, Boiler said:

Shame a Mod can not override when clearly not a spammer.

OP needs a waiver

Edited by Bob in Boston
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4 hours ago, Boiler said:

You will not hear anything, well maybe they will tell you you were not eligible to file.

 

You have a Lawyer?

The OP was eligible to file the I-601 and her attorney filed it in correct order : marriage, I-130 then I-601. 
 

A waiver I-601 needs

1. Inadmissibility Finding by Consulate ( in hand from K-1 interview)

2. An approved OR pending I-130 

 

And FYI, the CO only determines the Inadmissibility, not conditions /qualifications of waiver ..that’s USCIS criteria 

 

If you get the IV interview date before the I-601 decision , you can email request to delay/reschedule ( example delay 6 months) to await decision of I-601. 
‘Or he can go to the interview and will be put in AP until I-601 decision. This will likely mean paying for 2 medical exams.

 

Either way you will CONTINUE w current I-601 until they make a decision. It’s taking approximately 2 years from filing of I-601 to adjudication, so don’t lose hope

4 hours ago, Boiler said:

You will not hear anything, well maybe they will tell you you were not eligible to file.

 

You have a Lawyer?

The OP was eligible to file the I-601 and her attorney filed it in correct order : marriage, I-130 then I-601. 
 

A waiver I-601 needs

1. Inadmissibility Finding by Consulate ( in hand from K-1 interview)

2. An approved OR pending I-130 

 

And FYI, the CO only determines the Inadmissibility, not conditions /qualifications of waiver ..that’s USCIS criteria 

 

If you get the IV interview date before the I-601 decision , you can email request to delay/reschedule ( example delay 6 months) to await decision of I-601. 
‘Or he can go to the interview and will be put in AP until I-601 decision. This will likely mean paying for 2 medical exams.

 

Either way you will CONTINUE w current I-601 until they make a decision. It’s taking approximately 2 years from filing of I-601 to adjudication, so don’t lose hope

4 hours ago, Boiler said:

You will not hear anything, well maybe they will tell you you were not eligible to file.

 

You have a Lawyer?

The OP was eligible to file the I-601 and her attorney filed it in correct order : marriage, I-130 then I-601. 
 

A waiver I-601 needs

1. Inadmissibility Finding by Consulate ( in hand from K-1 interview)

2. An approved OR pending I-130 

 

And FYI, the CO only determines the Inadmissibility, not conditions /qualifications of waiver ..that’s USCIS criteria 

 

If you get the IV interview date before the I-601 decision , you can email request to delay/reschedule ( example delay 6 months) to await decision of I-601. 
‘Or he can go to the interview and will be put in AP until I-601 decision. This will likely mean paying for 2 medical exams.

 

Either way you will CONTINUE w current I-601 until they make a decision. It’s taking approximately 2 years from filing of I-601 to adjudication, so don’t lose hope

4 hours ago, Boiler said:

You will not hear anything, well maybe they will tell you you were not eligible to file.

 

You have a Lawyer?

The OP was eligible to file the I-601 and her attorney filed it in correct order : marriage, I-130 then I-601. 
 

A waiver I-601 needs

1. Inadmissibility Finding by Consulate ( in hand from K-1 interview)

2. An approved OR pending I-130 

 

And FYI, the CO only determines the Inadmissibility, not conditions /qualifications of waiver ..that’s USCIS criteria 

 

If you get the IV interview date before the I-601 decision , you can email request to delay/reschedule ( example delay 6 months) to await decision of I-601. 
‘Or he can go to the interview and will be put in AP until I-601 decision. This will likely mean paying for 2 medical exams.

 

Either way you will CONTINUE w current I-601 until they make a decision. It’s taking approximately 2 years from filing of I-601 to adjudication, so don’t lose hope

4 hours ago, Boiler said:

You will not hear anything, well maybe they will tell you you were not eligible to file.

 

You have a Lawyer?

The OP was eligible to file the I-601 and her attorney filed it in correct order : marriage, I-130 then I-601. 
 

A waiver I-601 needs

1. Inadmissibility Finding by Consulate ( in hand from K-1 interview)

2. An approved OR pending I-130 

 

And FYI, the CO only determines the Inadmissibility, not conditions /qualifications of waiver ..that’s USCIS criteria 

 

If you get the IV interview date before the I-601 decision , you can email request to delay/reschedule ( example delay 6 months) to await decision of I-601. 
‘Or he can go to the interview and will be put in AP until I-601 decision. This will likely mean paying for 2 medical exams.

 

Either way you will CONTINUE w current I-601 until they make a decision. It’s taking approximately 2 years from filing of I-601 to adjudication, so don’t lose hope

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Filed: Citizen (apr) Country: Brazil
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17 hours ago, Uwaila said:

in 2019 my now husband was denied the K1 visa due to misrepresentation. This is the email we recieved from the embassy "

Thank you for your patience as we completed the administrative processing on your case. It was confirmed that the divorce decree provided in your case did not originate from the Delta High Court and is a fraudulent document

Did your husband state falsely that he was married on a previous application for a visa to enter the US?  VJ has seen this scenario before, a male from Nigeria is told that a B2 is more likely to be approved if married vs. single.  After B2 denial, another visa application is filed, in your case K1, now CR1/IR1, and there is no legitimate divorce decree because there was no legitimate prior marriage.  Was the fake divorce decree purchased for this reason?  Did you or your attorney request the full case notes from the K1 denial via FOIA?  What is the timeline he is claiming is true now, with previous marriage, true divorce, your marriage dates?  There is likely more to this story.

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Filed: Citizen (apr) Country: Taiwan
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Just now, Verrou said:

someone i know literally just got approved i-601 this month June 2024. she filed it 17 months ago after it got requested during interview in field office ( not consular processing)

Thanks.  I wondered what current processing times were.

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On 6/20/2024 at 1:06 PM, Uwaila said:

@Boiler NO. 

i filed K1 in 2019 and he got denied for misrep.

filed I130- May2022

Filed i601- Feb 2023

I130 Approved Feb 2024. DQ May 2024 but still waiting for interview date.

 

we haven't heard anything yet from USCIS regarding the i 601

 

 

23 hours ago, Family said:

The OP was eligible to file the I-601 and her attorney filed it in correct order : marriage, I-130 then I-601. 
 

A waiver I-601 needs

1. Inadmissibility Finding by Consulate ( in hand from K-1 interview)

2. An approved OR pending I-130 

 

And FYI, the CO only determines the Inadmissibility, not conditions /qualifications of waiver ..that’s USCIS criteria 

 

If you get the IV interview date before the I-601 decision , you can email request to delay/reschedule ( example delay 6 months) to await decision of I-601. 
‘Or he can go to the interview and will be put in AP until I-601 decision. This will likely mean paying for 2 medical exams.

 

Either way you will CONTINUE w current I-601 until they make a decision. It’s taking approximately 2 years from filing of I-601 to adjudication, so don’t lose hope

 

4 hours ago, Verrou said:

someone i know literally just got approved i-601 this month June 2024. she filed it 17 months ago after it got requested during interview in US local field office ( not consular processing)

If OP's spouse is interviewing in Nigeria or Ghana or another country they're looking at another 1-2 years before the interview happens. So, filing the waiver before I-130 was approved/ before DQ was a brilliant strategy! 

@Uwaila can you confirm the country your partner will interview? If it is a consulate with no backlog you might have to follow @Family's advice... and delay the interview until the waiver is approved. If you are interviewing in Nigeria (as others suspect) then you will want to also check the timeline for DQ to interview for that country as you might be looking at another 2 years before your spouse interviews. Trying to expedite a waiver doesn't make a difference if the interview won't happen for a few more years. 

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@Boiler @Crazy Cat@Verrou @Family @Redro @carmel34 @Bob in Boston @Timona and everyone else I couldnt tag.

 

First I want to tell you guys thanks for the feedback and I am very grateful for all your responses. The reason I am responding to everyone at once is because I might reach my limit again today and I wanted to respond to everyone.

 

Yes, I am aware that a lot of people buy divorce decree but for us went to a real practicing lawyer. The problem is it wasn't filed in court. He just gave us a decree and said it was finalized. Also, we are not used to divorce proceedings in Nigeria. people dissolve their marriages without going to court.  We didn't know we had to go to the court and file .Anyways we have gone and done it the right way. And Yes the previous marriage was real.

 

@Pinkrlion  We got traditionally married in 2019 and legally after the divorce for finalized in court 2022.

@Redro the interview is in Lagos so I guess I have to be patient.

 

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