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Talita Redmond

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?

By Talita Redmond in IR-1 / CR-1 Spouse Visa Process & Procedures

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EmilyW
EmilyW

We are trying to piece together ALL the facts, because while you think the past is the past, the past is a significant contributing factor to what you do next.  You made a choice to stay in the US.  Y

Crazy Cat
Crazy Cat

It is possible to delay the children's visas at NVC indefinitely.  Contact them or just don't submit fees or documents at NVC for the children's cases.  That will hold them there.

Boiler
Boiler

It would be cheaper to just delay their case, but it has happened before so the Consulate could just hold their cases with yours, you will need to redo the Medicals.   The children also over

appleblossom Experienced

appleblossom   2,838

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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 Apprentice

Talita Redmond   0

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Filed: IR-1/CR-1 Visa Country: Brazil
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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! 😭😭😭

Crazy Cat Grand Master

Crazy Cat   41,985

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21 minutes ago, Talita Redmond said:

So I can delay my kids visa?

We have been telling you that you can.

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Boiler Grand Master

Boiler   45,797

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Filed: K-1 Visa Country: Wales
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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

“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.”

Talita Redmond Apprentice

Talita Redmond   0

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Filed: IR-1/CR-1 Visa Country: Brazil
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Posted (edited)

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 by Talita Redmond
Boiler Grand Master

Boiler   45,797

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Filed: K-1 Visa Country: Wales
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I think we got sidetracked with the COVID reference. Not relevant.

“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   45,797

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Filed: K-1 Visa Country: Wales
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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.

“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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