ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)waiver for overstayed K-1

Not too far from Russia, actually. Why did you assume that btw?
The circumstances required that I stayed, for a while I was hoping things would get better with the marriage, I wasn't planning on leaving when I got married after all!
What information should I include in the waiver that would be compelling? Did anybody have experience with waivers in Warsaw, Poland?



Check the 601 forum on www.immigrate2us.net

The USC has to write a letter detailing extreme hardship if your visa is denied and he has to relocate to Poland permanently. The letter and the waiver are not filed until your visa is denied at the interview. Then it's a matter of waiting - don't know how long it takes in Poland but I would expect a minimum of 6 months.


I would go with www.immigrate2us.net, should be others going through Warsaw there, or who have been.

Country guess, just the use of language, struck me as being East European, not sure exactly why.

This is a good reason to not delay the AOS filing. The fact of the matter is, any time after the 90 days and before the AOS is filed are days out of status (overstay). It's not generally a problem because the overstay is forgiven along with an AOS approval. I think it is a great disservice to the foreign spouse to delay the AOS. If anything precludes the filing of the AOS, the foreign spouse can find themselves in a very unfavorable position. For instance, if the USC dies before the filing, the foreign spouse will have to leave the U.S. Accidents happen every day. The filing of the AOS should be an absolute priority.


The adjudication of the AoS is the important thing, but obviously the sooner you file the sooner it can be adjuducated.

Does not seem the isssue here as the marriage feel apart early on.



Here is the law on overstays

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.


It doesnt matter which country, which embassy this law applies to everyone.

If the AOS was not filed, once you go over the 6 month point you will be classed as ineligible for admission.

Under certain circumstance you can apply for a waiver (family related visas are one of them) however the person filing the petition must prove Extreme hardship on their part (your husband, fiancee, mother, father who ever filed petition) if they had to move overseas to be with you. This is not easy to do!!!!!

Also one of the questions asked of you will be "Have you ever been the benificary of an approved fiancee/marriage visa before" You will have to answer yes and then you are going to have to explain why you are doing it again.

One other thing, just filing for the original AOS does not give you leave to remain in the country indefinitly. The original AOS is only good for 2 years, at that time you must still be married to the original petitioner to be granted permenant status. If you have divorced and remarried in the meantime you have to file an AOS all over again and could end up having difficulties with that.

My advice (I am not a lawyer and you need to get one to be sure of this) leave the country as soon as possible. The sooner the better. If you are already over the 6 month point, leave prior to the 1 year overstay point. When your new hubby/fiancee applies you will be required to file a waiver and that is when the country you are a resident of comes into play. Each embassy handles waivers differently and has different time frames and waiver issues. Timelines vary and change over the course of the year. If you do engage an attorney talk to more than one, many immigration attorneys will take your money and not do alot for you. There are good one and bad ones, make sure you retain one that has good reputation.


Have you checked this out.

I was under the impression and was told by a USCIS immigration officer that a person entering on a K1 visa, once married was lawfully present in the United States.

There have been cases here on VJ that people have waited over two years to file for AOS and not had to file a wavier. How could this be?

She is still married to the USC?
John & AnnieMaleScotland2007-02-21 19:57:00
USCIS Service CentersNSC: Graduates
Mellie, it makes me smile so much whenever I see your signature now. I'm so glad you guys won't have to be parted again. :)
HuffyTheSlayerFemaleUnited Kingdom2006-02-13 12:09:00
USCIS Service CentersNSC: Graduates
Congratulations, Princess. Have a fantastic day. Although we all know you will. :)
HuffyTheSlayerFemaleUnited Kingdom2006-02-02 15:14:00
United KingdomUK Visa advice
Not looked at UK immigration, since this is a US to UK board, so I can't really help you there. Maybe someone else whill be able to direct you to a site where they can better answer your questions. :)
HuffyTheSlayerFemaleUnited Kingdom2006-02-15 18:52:00
United KingdomExperience at Detroit poe with K-1 in hand
Congrats, Scotty. Glad it was straight forward after all you've been through. :)
HuffyTheSlayerFemaleUnited Kingdom2006-02-12 17:55:00
United Kingdomcalling from London to US

The post office sells phonecards for £5, £10 and £20 denominations. I use those and get 3 hours out of £10.



Hee, I used the Royal Mail cards, too. Because I worked at Gatwick airport at the time and it was just easiest to but one from work. Using it on my home phone gave me loads of time. I even used to call up wedding venues and arrange for times for my fiance to go look at them, since he couldn't call as he was at work.
HuffyTheSlayerFemaleUnited Kingdom2006-04-14 09:13:00
United Kingdommoney
I'm just starting the process with the company I used to work with called Moneycorp, so far they've been prompt and quick to reply to any enquires. But I expected that of them. You might want to check them out and see what kind of exchange rate they can offer you. I'll let you know how my money transfer went with them. :)
HuffyTheSlayerFemaleUnited Kingdom2006-02-22 14:44:00
United KingdomSubject access Request
Yep, mine was similar to that.

Although I guess my workplace had a magic photocopier, or something. :P Because the word "Fraud" never showed up on them. But I did have the original to show them.
HuffyTheSlayerFemaleUnited Kingdom2006-05-01 12:48:00
United KingdomBRITS IN THE USA
Psht. You can have more WI people when I get some fellow Utahn-Brits, Michelle. ;)
HuffyTheSlayerFemaleUnited Kingdom2006-05-15 09:55:00
United KingdomThis is where we start again
You're welcome. :)
HuffyTheSlayerFemaleUnited Kingdom2006-04-27 17:04:00
United KingdomThis is where we start again
Janice, I found a page at BritianUSA, which indicates there might be a few about the place, and also a few tearooms/British restuarants.

http://www.britainus...2=36506&a=36132

And it looks like there's a British Pantry in Redmond. I don't know if that would be easy for you to get to.

http://www.10best.co...usinessID=38709
HuffyTheSlayerFemaleUnited Kingdom2006-04-26 11:36:00
United KingdomThis is where we start again
I hope the Duvet thread gets ressurrected. :P

Edited by HuffyTheSlayer, 28 January 2006 - 02:01 PM.

HuffyTheSlayerFemaleUnited Kingdom2006-01-28 14:00:00
United KingdomMedical, then interview...
'Fraid so, Beeblebrox. ;)
HuffyTheSlayerFemaleUnited Kingdom2006-05-26 09:08:00
United KingdomBanks - keeping UK bank account

I'm with the Halifax and had no problems accessing my online account whilst in the US. You could also opt for the paperless banking route that way there's be no need for you to change your adress. As you wont be a permanent resident for a few years you can still keep your account open :thumbs: I'd consider using HSBC offshore or Moneycorp for any large transactions though ;)

Adele


I used to work for Moneycorp, in their retail sector. So I would definately recommend them, the people are really cool and fantastic to deal with. Especially so after I transferred funds through them when I got here. Fantastic exchange rate at the time (wish I was changing money now though! The rate was almost 1.9 the other day), but still great to do buisness with. :thumbs:

I have a Lloyds TSB account that I don't really do anything with. I have a little money in there still though. But Mark and I are thinking of moving back to the UK at some point, so it'll be useful to have a bank account ready.
HuffyTheSlayerFemaleUnited Kingdom2006-05-26 21:56:00
United KingdomHubby's Interview
I bet. :) I can't wait to see my family again, I'm sure you feel the same way.

And hey, you'll most likely still be around to experience that one week of summer we have in the UK. ;) :thumbs:
HuffyTheSlayerFemaleUnited Kingdom2006-06-07 04:01:00
United KingdomHubby's Interview
Yay! Congratulations to you and Graham, Ana! :) That's great news. When are you planning to return to the US?
HuffyTheSlayerFemaleUnited Kingdom2006-06-07 03:23:00
United KingdomPOE & Immigration Stuff
Just the regular white and blue customs form that everyone has to fill out, USC and non-USCs alike. Just says you're not doing anything like bringing foreign species in or foods or anything.
HuffyTheSlayerFemaleUnited Kingdom2006-06-07 22:05:00
United KingdomPOE & Immigration Stuff
I went through Newark and it took no time at all. Barely 10 minutes. But it was very quiet when we got in (it was New Years Day). It was totally easy. The only thing is they forgot to stamp my customs form, so I had to go back and get it done. But that was only a little blip.
HuffyTheSlayerFemaleUnited Kingdom2006-06-07 11:53:00
United KingdomUk Food
Thanks, BlueRain and Lou Lou, I'll see if we have any of those places around here and check them out.

I'm half tempted to get my Mum to send me some. :P
HuffyTheSlayerFemaleUnited Kingdom2006-06-14 11:50:00
United KingdomUk Food
I have a strange question to ask, not exactly about food, but food related. Has anyone seen stores over here that sell egg cups? I've been looking for some for a while, to no avail. Just wondering if anyone else had found any.
HuffyTheSlayerFemaleUnited Kingdom2006-06-13 19:54:00
United KingdomUk Food

Hey Huffy, what is the place called in Salt Lake? and where? My friend is going to U of U and she is a complete Anglophile. Also into Irish stuff.


It's called The British Pantry and it's at 652 South West Temple, right near the Red Lion hotel downtown. :) It's a fun little store, I always enjoy going there, I'm sure she will too. :thumbs:
HuffyTheSlayerFemaleUnited Kingdom2006-06-12 15:36:00
United KingdomUk Food
I wish Meijers were in more states. There aren't any here in Utah. :(

But at least I have my British food store. :)
HuffyTheSlayerFemaleUnited Kingdom2006-06-11 13:43:00
United KingdomUk Food
I'm in Salt Lake City, UT. And I always go to a place called The British Pantry on 652 South West Temple. I think there's another place as well. But I love The British Pantry, the owner Abu is really cool and loves chatting about the UK and what life is like here for a British Ex-pat.
HuffyTheSlayerFemaleUnited Kingdom2006-06-11 01:25:00
USCIS Service Centershelpme
I'm so sorry!!! crying.gif awww, i know your pain!! we just got denied too! My world came crashing down too, i'm so heartbroken and the tears and pain are endless! i'm so sorry! i have no words or advice but if you need a friend who is hurting as you are u can talk to me. I'm so sorry, u arent alone! hang in there! rose.gif

oh i just saw your timeline that you waited 4 yrs since your noa1 oh my goodness! oh how terrible! oh i hurt for u! so sorry! that is awful!!

Edited by PB&JAM, 29 May 2009 - 05:27 AM.

PB&JAMFemaleEngland2009-05-29 05:23:00
USCIS Service CentersOnline Case Status
QUOTE (enraptured @ Mar 31 2009, 08:47 PM) <{POST_SNAPBACK}>
QUOTE (PB&JAM @ Mar 31 2009, 05:32 AM) <{POST_SNAPBACK}>
QUOTE (MMW @ Mar 30 2009, 09:58 PM) <{POST_SNAPBACK}>
we didn't have that problem but we did wait 7 months from NOA-1 to NOA-2 with no touches or change to the status message at all.


me too! exactly!
this is my issue right now...is this something to worry about? granted, my casework was received 2 months ago...


no, its no cause for worry. doesnt mean a thing. i got approved finally and last i checked it still says "Pending" and "last update july 29".
just makes it really frustrating when everyone gets touches and yours has the same "last updated" date forever. you want to see something, but alas, it doesnt matter in the least...the online status thing is just something to do while ur waiting tongue.gif
PB&JAMFemaleEngland2009-04-01 04:31:00
USCIS Service CentersOnline Case Status
QUOTE (MMW @ Mar 30 2009, 09:58 PM) <{POST_SNAPBACK}>
we didn't have that problem but we did wait 7 months from NOA-1 to NOA-2 with no touches or change to the status message at all.


me too! exactly!
PB&JAMFemaleEngland2009-03-31 04:32:00
USCIS Service Centershow long from online noa2 to hardcopy noa2?
QUOTE (mingus_drake @ May 1 2009, 05:22 PM) <{POST_SNAPBACK}>
nm, it came today

I actually received my hard copy first on March 4 and received the email on May 5! laughing.gif
PB&JAMFemaleEngland2009-05-09 16:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)GOD IS SO GOOD!!
Congrats to you! and all praise to God Almighty! kicking.gif
PB&JAMFemaleEngland2009-04-15 19:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Need help! visa denied under section 212(a)(2)(a)(1)
QUOTE (Leo and Lioness @ May 25 2009, 09:12 AM) <{POST_SNAPBACK}>
Jenny you had this in your signature before:


"But those who wait on the Lord shall renew their strength; They shall mount up with wings like eagles, they shall run and not be weary, they shall walk and not faint." Isaiah 40:31


I toke it from you and it helped me and now I'm reminding you to give you hope and strenght to keep going for the one you love, Stay Strong!!!


Oh, wow! i forgot! seeing this made me cry...but for a good reason! THANK YOU for the reminder! I need to stand on His word! Thank u!!
PB&JAMFemaleEngland2009-05-26 01:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Need help! visa denied under section 212(a)(2)(a)(1)
thanks so much everyone! I'm discussing things with my fiance now. Weighing all our options. I appreciate it so much!
PB&JAMFemaleEngland2009-05-24 19:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Need help! visa denied under section 212(a)(2)(a)(1)
"your visa has been denied under section 212(a)(2)(a)(1) of the immigration act A waiver of the applicable is available." This was due to convictions from 13 yrs ago involving thefts committed by the UK citizen when he was 19. (i am the USC).

It will be easy enough to prove he is rehabilitated but I have no idea how to prove extreme hardship. I read the pinned thread and those examples dont really apply to us (no kids, etc). I am so heartbroken I cant think clearly right now. Some people say get an attorney, others on here said the prices are outrageous and one doesnt guarantee anything. I have no idea what to do right now. I am beyond gutted! All my dreams came crashing down! crying.gif
Has anyone been through this? Is there any hope?
PB&JAMFemaleEngland2009-05-23 16:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Stupid Q. Who files the waiver?
QUOTE (esposadetucho @ May 26 2009, 02:29 AM) <{POST_SNAPBACK}>
QUOTE (PB&JAM @ May 26 2009, 04:41 AM) <{POST_SNAPBACK}>
QUOTE (esposadetucho @ May 24 2009, 10:53 PM) <{POST_SNAPBACK}>
we went for our interview in CR 4-24-09. We weren't denied the visa, we were told he is not allowed to be admitted to the US due to his unlawful entry in the US in 2005. He is able to file waivers... SOOOOOOO
Our attorney is preparing the waivers and I have to fly back to CR to attend 2 more interviews where I submit the waivers. The Interviewing officer has to prepare a recommendation for the adjudicators in Honduras ( where the waivers get processed for Costa Rica) We are possibly looking at another year of processing. The attorney told us its more like 6 months. Either way.... the clock doesn't start ticking until I can get back to Costa Rica to attend the interviews,. Every embassy is different.... The waivers cost $545.00 each for a total of $1090.00.


sorry, i'm confused. why do you need 2 waivers? another year?? ughhhh, sorry! sad.gif


We need 2 waivers I-212 is the waiver asking to be allowed to enter the US again and the I-601 is the hardship waiver. All waivers get processed in Honduras for Costa Rica. The embassy is very busy . The officer told us the wait is about a year. My attorney said it is more like 6 months.... I'm leaning toward what the embassy told us since it took so freakin long for the USCIS to even look at our petitions.

Now that the holiday is over, I will be hounding my attorney so we can get the paperwork complete so I can fly back down there and get the clock started. This whole process is so annoying.


Oh wow, just looked at your timeline, both our noa2s took 219 days.
PB&JAMFemaleEngland2009-05-26 04:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Stupid Q. Who files the waiver?
QUOTE (esposadetucho @ May 24 2009, 10:53 PM) <{POST_SNAPBACK}>
we went for our interview in CR 4-24-09. We weren't denied the visa, we were told he is not allowed to be admitted to the US due to his unlawful entry in the US in 2005. He is able to file waivers... SOOOOOOO
Our attorney is preparing the waivers and I have to fly back to CR to attend 2 more interviews where I submit the waivers. The Interviewing officer has to prepare a recommendation for the adjudicators in Honduras ( where the waivers get processed for Costa Rica) We are possibly looking at another year of processing. The attorney told us its more like 6 months. Either way.... the clock doesn't start ticking until I can get back to Costa Rica to attend the interviews,. Every embassy is different.... The waivers cost $545.00 each for a total of $1090.00.


sorry, i'm confused. why do you need 2 waivers? another year?? ughhhh, sorry! sad.gif
PB&JAMFemaleEngland2009-05-26 03:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Stupid Q. Who files the waiver?
QUOTE (guatetaliana @ May 24 2009, 09:27 PM) <{POST_SNAPBACK}>
BTW, I forgot to mention, I can see where the confusion comes from.

The USC prepares the waiver, but the alien physically submits it at the consulate. Make sense?


yes, gotcha.
PB&JAMFemaleEngland2009-05-26 03:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Stupid Q. Who files the waiver?
New to this, who would file the waiver? I'm the USC with a clean record, my fiance is a UKC with convictions. Does my fiance file the petition or do I? If we get a lawyer, does he do it or do I? I went to immigrate2us and i'm more confused then ever haha.
PB&JAMFemaleEngland2009-05-24 23:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)HELP! Interview denied. Need a waiver
QUOTE (kcm @ Jun 16 2009, 09:52 PM) <{POST_SNAPBACK}>
follow up questions... If Im goin to apply for waiver. Is that means that I need to go start all over again like filing I-130, Ds230 etc...


your husband, the American, needs to file. there are a few forms u both need to fill out, but the burden is more on him to prove it would be an extreme hardship to live without you here.

no, u do not start over, you dont have to refile the I-130. this waiver is to approve your I-130...just think of this being a continuation of the process. you will need to pay a fee to file the waiver too (around $550?)
You (or your hubby) will need a good attorney.

try: immigrate2us.com. there are a lot of ppl there who are very knowledgeable about this!
http://immigrate2us....isplay.php?f=82
PB&JAMFemaleEngland2009-06-17 01:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)HELP! Interview denied. Need a waiver
QUOTE (JimVaPhuong @ Jun 16 2009, 06:34 AM) <{POST_SNAPBACK}>
QUOTE (kcm @ Jun 15 2009, 11:40 PM) <{POST_SNAPBACK}>
Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212(a)(9)(cool.gif(i)(II). My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?


You're the second person in the past few days to get a 212(a) denial, and also the second person who seems to think, for some reason, that the I-601 is an extreme hardship waiver. What are they writing in those denial letters? blink.gif

Ok, the I-601 is an application for a waiver on Ground of Inadmissibility. They determined you were not admissible to the US. Here is the text of the law under 212(a)(9)(B )(i)(ii):

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

You were apparently denied because you stayed in the US illegally, and you received a 10 year ban as a result. Your fiance or spouse (don't know if you're married) needs to apply for a waiver to lift this ban.


that is what the waiver is for:
An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. So who is the qualifying relative? It depends on the ground of inadmissibility. A waiver for prior unlawful presence (INA 212(a)(9)(B )(v)) or misrepresentation (INA 212(i)) requires it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” whereas a waiver for criminal history (INA 212(h)) requires it to be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.”

OP: i'm sorry, i know how bad this hurts! sad.gif You will need to consult an attorney.
PB&JAMFemaleEngland2009-06-16 17:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)desperate to talk to someone, scared to call suicide prevention line
QUOTE (waiting4goozy @ Jun 22 2009, 06:02 PM) <{POST_SNAPBACK}>
Thank you all so very very very much for all your words of support, comfort and encouragement. Seems I was correct in coming back here for someone to talk to.
Everyone here REALLY does understand! thank you all from the bottom of my heart!
I am feeling a little better thanks to you and especially to an Angel sent to me last night while I was in the midst of it all! Thank you fellow VJ Sara! you came on instant messenger with me and listened and listened and listened and commented only with words of understanding and most of all encouragement! God bless you.

I do want to clear something up... I was so upset last night and my header on the post was misleading. I was not going to commit suicide (although it did indeed sound better than feeling this). I meant that I was afraid to call the suicide prevention hotline for someone to talk to because I was so desperate. (I was afraid because I wondered if they would trace the call and send the police or someone over to check on me) Sorry for causing any worry.

Lastly, As many many people here, I too do indeed know how fustrating, lonely, and painful these waits and papers can be... It will be four years for us this September that we began our journey with immigration. Although this has been long and painful at times... the waiting was not the cause of my anguish and pain last nite. I will explain later after I respond to all the great fellow VJers who contacted me.
God bless you all and guide you with patience, understanding, deep true love and committment thru it all.. and hold on tight because there are no promises and you never know what the outcome will be.
Thank you all again!!


Relieved to hear you are ok! God bless you!! xxx
PB&JAMFemaleEngland2009-06-23 00:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)desperate to talk to someone, scared to call suicide prevention line


I'm so sorry you are hurting!! ugh...i can feel your pain in your words! i'm so sorry. you do NOT sound stupid, u sound like u are in a lot of pain! you just have to hold on. things always get better! I'm so sorry, please pm me any time u want to talk! heart.gif rose.gif
PB&JAMFemaleEngland2009-06-22 15:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)getting ready to resubmit hardship letter
Try posting your letter on this site, immigrate2us:
http://immigrate2us....isplay.php?f=78

People there are very knowledgeable about waivers and there are many example letters of good (and bad) hardship letters!
PB&JAMFemaleEngland2009-06-30 20:58:00