What to do when the primary beneficiary of the IR needs the waiver and the dependents do not but the dependents cannot enter the country without the primary beneficiary?

[appleblossom 2,441]

Duplicate - sorry, no idea why it keeps doing this!

Edited August 7 by appleblossom

[appleblossom 2,441]

7 minutes ago, Talita Redmond said:

Exactly. During the pandemic, I couldn't go back to Brazil because everything just closed down, so I had to stay in the US. I had nothing to do since all the exits were closed, consulates and USCIS, so my visa expired and I stayed there. When I met my husband and got married, I filed for AOS, but then my case never went forward and my son got sick, so I simply left AOS and came to Brazil. When I got back, the lawyer said that my husband would have to do CR1, which became IR1 due to the time of marriage, and then he said that I also need waiver 601, but not my children since they have never set foot in America. I just want to never have to be separated from my boys again. This became a trauma, I still have social phobia because of it.

 

There were allowances for people who couldn't leave the US due to the pandemic - might be worth researching to see if you'd have come under that.

 

https://www.uscis.gov/archive/uscis-response-to-covid-19

 https://www.uscis.gov/archive/covid-19-delays-in-extensionchange-of-status-filings

[Talita Redmond 0]

But how am I going to do this now? Since I have already applied for IR1? When the pandemic ended I was already living with my husband and at the beginning of 2022 I got married… But I don't know if USCIS would forgive me because of the pandemic. Sorry idk what do! 😭😭😭

[EmilyW 1,434]

When did you move back from the US to Brazil?

[Talita Redmond 0]

December 2022z 

[appleblossom 2,441]

2 minutes ago, Talita Redmond said:

December 2022z 

 

OK, then Covid isn't relevant as you could have left in 2020. So ignore the above, seems the waiver has just got to be filed. 

[EmilyW 1,434]

I think you have been given good advice to delay your petition, so your children and you won't be separated.

 

Alternatively, is there a way your husband can move to you while you guys wait this out?

[Talita Redmond 0]

In 2020 all port of entry was CLOSED!

[Talita Redmond 0]

Unfortunately no. Thank you ! So I can delay my kids visa?

[Crazy Cat 41,811]

21 minutes ago, Talita Redmond said:

So I can delay my kids visa?

We have been telling you that you can.

[Boiler 45,445]

1 hour ago, Talita Redmond said:

In 2020 all port of entry was CLOSED!

I think this was in response to you leaving

 

2 hours ago, Talita Redmond said:

December 2022

 

And by then things had been reopened a long time

[Talita Redmond 0]

Yeaaah and I was MARRIED!!!! I am here to asking help not be judged! It's not up to you to tell me now what I should have done years ago! I couldn't leave the country and leave my husband!!!! I was one year with my AOS pending but the USCIS never judged my case, simply 19 months of age and nothing!!!!

Edited August 7 by Talita Redmond

[Boiler 45,445]

I think we got sidetracked with the COVID reference. Not relevant.

[powerpuff 6,680]

*** Thread moved from Bringing Family members (besides spouse) of US citizens to IR1/CR1 spousal visa forum as this is an IR1 case ***

[Boiler 45,445]

If it was me:

 

1. Delay the children's I 130 so they do not need to go the interview, medical etc.
2. I would have the I 601 ready to file after the interview, seems a clear cut overstay case.
3. Unclear of a Lawyer is helping with the Waiver, this sounds like a case where a Lawyer is needed, now not all Lawyers are equal and some specialise in this area, if one has not been appointed I would go with one for them rather than a generalist.
4. I have seen no end of Waivers filed and for a simple overstay a well prepared waiver has a very high approval rate.