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NANI AND GIL

Visa denied at interview due to overstay in USA

By NANI AND GIL in Waivers (I-601 and I-212) and Administrative Processes (221g)

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NANI AND GIL Newbie

NANI AND GIL   0

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
Posted

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP :(

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Cuchita Proficient

Cuchita   1

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

Unfortunately he can't do anything right now, I think he is banned for 10 years.

So sorry, you might start thinking about moving over there!.

Good luck!

Our Timeline:

11/1999 - We met in Ecuador

02/05/00 - Relationship started

09/08/06 - Engaged & Pregnant!

03/13/08 - I filed for Citizenship

07/22/08 - Became US Citizen

08/02/08 - I-129F sent

08/13/08 - Case received by VSC

08/16/08 - NOA1

08/18/08 - Touched

12/18/08 - Touched again exactly 4 mos. after 1st touch!

12/18/08 - Noa2 @ 3PM-Gracias Dios Mio!

12/24/08 - NVC sent pckg. 3 to Embassy

01/02/09 - Pckg 3 rcvd. by Embassy

01/09/09 - Pckg 3 from Embassy received by beneficiary

02/09/09 - Medical exam

02/16/09 - Sent back checklist and docs required by embassy.

03/13/09 - We will fly to see Daddy Gary

03/16/09 - 1 PM Interview (Pray God he gets visa)

03/16/09 - 5PM INTERVIEW PASSED WOOHOO. Thank God.

03/25/09 - Visa on hand! he went to DHL office after phone call received.

04/18/09 - My Cuchi came, (NYC)a wonderful unbelievable moment!:)

04/20/09 - We applied for marriage licence. (Township Municipal Bldg Health Dept.)

04/23/09 - Licence on hand

04/29/09 - Applied for Social Security (He was in system!)

04/30/09 - Wedding day!!! Yeeebaa

05/07/09 - SS card in mail. "valid for work only with DHS authorization"

05/13/09 - Sent AOS paperwork.

06/16/09 - Biometrics Apptmt.

06/25/09 - EAD Card in mail!

06/26/09 - Letter saying case transfered to Cali.

08/08/09 - Residence Card in Mail! Yuuupiiiiiii.

THE END FOR 2 MORE YEARS.

I don´t need patience if I have love. Ah I que Viva mi Guayaquil Carajo!

-Cuchita-

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NANI AND GIL Newbie

NANI AND GIL   0

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
  • Author
Posted

On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

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TayRivers Proficient

TayRivers   4

Posted
Filed: Other Country: United Kingdom
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Posted
On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

He can apply after August of 2012, Until then there is little you can do..

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Twisted K Mentor

Twisted K   2

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted
(F) sorry this happened. is it possible for you to move to his country and when the time comes, maybe do a DCF? i know it is very hard (understatement) to stay away from your spouse.

Give Generously, Live Fully, Laugh Often, Love Completely...AND PRAY ALWAYS!!!

He is home!!!

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

When did he leave the US.

Did he only enter once?

Why will they not accept the I 601

“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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WhidbeyGirl Proficient

WhidbeyGirl   1

Posted
Filed: Lift. Cond. (apr) Country: Senegal
 Timeline
Posted

FYI - since he failed to show up in court for arrest, he may go to jail when he gets here.

VISA JOURNEY

USCIS Journey

02/23/09 ............I-130 sent

03/27/09.............NOA2

TOTAL 32 DAYS

NVC Journey

04/15/09.............Case # Assigned

07/10/09.............Interview assigned

TOTAL 105 DAYS

Embassy Journey

07/14/09.............Forward the case to Embassy in Dakar, Senegal

09/28/09.............Visa in Hand

TOTAL 80 DAYS

VISA GRAND TOTAL 217 DAYS

US CITIZENSHIP JOURNEY

Conditional Resident Journey

09/29/09.............POE New York PIECE OF CAKE!!!

10/27/09.............2 year Green card received

TOTAL 29 DAYS

Removal of Conditions Journey

07/18/11.............I-751 packet sent

03/23/12............10yr GC Received

TOTAL 249 DAYS

Naturalization Journey

07/03/12.............N-400 packet sent

07/23/12.............Resent N-400 packet (husband FORGOT check!)

08/23/12.............Biometrics done

09/12/12.............Interview letter received

10/16/12.............Interview scheduled

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csoul Collaborator

csoul   0

Posted
Filed: Citizen (apr) Country: Venezuela
 Timeline
Posted
Something does not make sense. If he was denied only because of the overstay he should be allowed to file a waiver. Did they give any other reason for the denial?

Maybe is a mix of a lot of things, not only he overstay but also was arrested, maybe they found more things in his file. We never know.

05/25/10 - N-400 package delivered in Phoenix, AZ

06/04/10 - Check cashed

06/10/10 - NOA received

06/16/10 - Case available online

06/17/10 - Case online showing RFE (Biometrics notice) sent on 06/16/10

06/21/10 - Biometrics Letter Received

07/08/10 - Biometrics appointment

07/07/10 - Walk in Biometrics

08/06/10 - Email / Text for for new case status: "Test and Interview"

08/09/10 - Interview Appointment letter received for 09/13/10

09/13/10 - Interview Approved!

09/13/10 - Same Day Ceremony! I am a US Citizen!

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jpaula Enthusiast

jpaula   20

Posted
Filed: Citizen (apr) Country: Algeria
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Posted
Something does not make sense. If he was denied only because of the overstay he should be allowed to file a waiver. Did they give any other reason for the denial?

Maybe is a mix of a lot of things, not only he overstay but also was arrested, maybe they found more things in his file. We never know.

The visa applicant should know as they are given the specific grounds for their denial.

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spookyturtle Grand Master

spookyturtle   9,466

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Timeline
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What was on the paper given to him by the Consulate? There had to be a reason for denial and why it was not a waivable offense. An overstay is waiveable, there has to be more to it. The conuslate decision paper should list the exact sections of the law that apply to your case. If your lawyer can't answer this for you, get a new one.

R.I.P Spooky 2004-2015

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emt103c Rising Star

emt103c   10

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.

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spookyturtle Grand Master

spookyturtle   9,466

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Timeline
Posted
Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.

It sure sounds like that, but she said he was banned for 3 years. That doesn't sound right.

R.I.P Spooky 2004-2015

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rebeccajo Grand Master

rebeccajo   14

Posted
Filed: Other Timeline
Posted
Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.

It sure sounds like that, but she said he was banned for 3 years. That doesn't sound right.

His "ban clock" started ticking when he left the US.

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