ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
QUOTE (Johny E. @ Sep 20 2008, 12:49 PM) <{POST_SNAPBACK}>
Does anyone know how long does a waiver normally take to be either approved or denied? tnx.


According to what I have been reading about Lima, it is talking about 6-8 months for the waiver to be adjudicated after it is submitted. Once in a while someone gets it done a bit quicker, and then there is the always one that takes longer.
spookyturtleMale02008-09-20 11:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
QUOTE (chaingang @ Sep 20 2008, 02:58 PM) <{POST_SNAPBACK}>
she went for interview jan 2007 , and she got approved in this month sep 2008 , so she had to wait for 20 months to get approved ,

so it depends on case , i hope u get approved on interview , but sorry to say but its true no chance u will get approve on interview , u will apply for wavier and wait and pray for results


What country was she filing in? That makes a big difference. It varies greatly depending upon where the waiver is filed and adjudicated.
spookyturtleMale02008-09-20 14:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
QUOTE (Johny E. @ Sep 20 2008, 12:49 PM) <{POST_SNAPBACK}>
Does anyone know how long does a waiver normally take to be either approved or denied? tnx.


Have you considered getting married in the US, filing the I-130 and when it is approved she can return to Russia to submit the waiver? The I-130 will probably take longer to get approved than the I- 129F, but the wait time once the waiver is submitted will be the same. Just a thought.
spookyturtleMale02008-09-20 14:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
Waviers filed thru Brazil are adjudicated in Lima, Peru. If you consulted with Heather and Laurel, you have gotten advice from two of the best in the country. If you don't use one of these two, you need to ask some questions and get the proper answers from anyone else you consider. They'll all tell you they can do it, no problem. But what is their record filing thru Lima? How many cases, how many approvals? Ask if a fiance is eligible for a waiver, if they so no, don't go any further. Lima is pretty strict, you want to maximize your chances for sucess.
spookyturtleMale02008-09-24 15:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)question re i601 waivers...help
QUOTE (Elizabeth P @ Sep 23 2008, 02:15 PM) <{POST_SNAPBACK}>
My waiver as already, filed on june 18th. but was backlogged for insufficient evidence (i found immigrate 2us.net and got some examples of waiver letters.... can i still send more evidence? i had no clue what i needed to send until i read that web site if any one knows please respond.


You'll get much more information at immigrate2us. You should also seriously consider consulting with a good lawyer. You want to strengthen your case as much as possible while you still have the time to so so. Better than waiting for months and chance getting denied and having to start over again.
spookyturtleMale02008-09-23 14:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP FROM LAST 18 months
Why do you want to come to the US? If it is so bad here, stay where you are.
spookyturtleMale02008-09-20 14:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP FROM LAST 18 months
QUOTE (chaingang @ Sep 20 2008, 04:28 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Sep 20 2008, 02:15 PM) <{POST_SNAPBACK}>
Why do you want to come to the US? If it is so bad here, stay where you are.



who the F**k r u ? making decision for me ? if i coming to us or not its my f****king problem not yours , if u cant hear the fact than dont write in my thread , i opened it u didnt , so buzz off


With your attitude, it's no wonder you've been waiting so long. We don't need people like you here or in the US. You reply to everyone with this attitude.

Edited by spookyturtle, 20 September 2008 - 03:33 PM.

spookyturtleMale02008-09-20 15:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP FROM LAST 18 months
Mod's, please lock this thread.
spookyturtleMale02008-09-20 15:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP FROM LAST 18 months
QUOTE (chaingang @ Sep 20 2008, 04:40 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Sep 20 2008, 03:31 PM) <{POST_SNAPBACK}>
QUOTE (chaingang @ Sep 20 2008, 04:28 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Sep 20 2008, 02:15 PM) <{POST_SNAPBACK}>
Why do you want to come to the US? If it is so bad here, stay where you are.



who the F**k r u ? making decision for me ? if i coming to us or not its my f****king problem not yours , if u cant hear the fact than dont write in my thread , i opened it u didnt , so buzz off


With your attitude, it's no wonder you've been waiting so long. We don't need people like you here or in the US. You reply to everyone with this attitude.


i didnt know you are working for govt , lol , if u r so powerful go and fix your own problem , dont worry about mine , i am not sick of waiting , i am indeed enjoying , i dont cry like babies like you do , i am brave man and i fight till to the last bullet .

i mentioned facts about what is going on in the world and what bush did , i never mentioned american people or any one else only bush i mentioned

Today in my country coz of bush war , 9/11 happened wat the heck u know about terriosm , u have no idea how does it feel , when i today saw dead bodies in islamabad in merriott hotel . more then 60 people killed and 300 injured , u know why coz we are fighting bush war in our country ,

that was 3rd sucicide attack in one day in pakistan , our country is affected more than any country , but the problem is why would u care , its pour country , and here human has no value at all people killed in wtc were only human beings , thats why u will talk about them and will never mention what is going on in my country how badly it effected my country and my city .

when it starts in your home country then u will understand how does it feel ?


I believe human life has value everywhere. And you are correct, I can't imagine living under the conditions that you do. That doesn't give you the right to disrespect the people here who have tried to help and spport you. You have insulted some of them with your claims of toughness and braveness.
spookyturtleMale02008-09-20 15:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP FROM LAST 18 months
Your government has played a big part in this too. They offered to help the US against the Taliban. If Pakistan is an ally of the US, the radicals are going to protest and terrorism inscreases. If Pakistan doesn't ally itself with the US, what happens? Do the countries problems go away? I am asking as I have no idea what your country was like years ago. Parts of your country support the Taliban and bin Laden and have made it a safe haven for him and his followers. He is probably living in Pakistan now. It isn't your fault or the fault of most Pakistanis, but you get caught in the middle. Osama and the radical Muslims in that part of the world are out to destroy the US. And I know that the majority of Muslims are not radical or evil.

No innocent people should have to suffer, but unfortunately that is not the case and has never been the case in any war or conflict in history. By discussing this civilly, you can help us to learn your peoples point of view.
spookyturtleMale02008-09-20 16:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP FROM LAST 18 months
QUOTE (miamiwife @ Sep 20 2008, 09:43 PM) <{POST_SNAPBACK}>
Okay guys, enough! Chaingang was just voicing his frustration with the visa process and his experience I believe is grounds for being upset. He has waited a long time and I know he must be faced with the conflict between the love he has towards an American and the love he has for his country. Let's not play the whose country is better game. Being separated from the person you love for such a long period of time causes you to go through all kinds of guilt, resentment, anger, jealousy, and hopelessness. We all know this, so let's be tolerant towards one another and our views please.


I'm not playing any games at all. He was quite civil in his last few replies and I learned a bit about his country. I let him know how I felt about a few points he made and he did the same.
spookyturtleMale02008-09-20 23:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K1 visa and fiancee leaving.
QUOTE (TayRivers @ Sep 20 2008, 07:08 PM) <{POST_SNAPBACK}>
You can not enter the US on a K1 visa and then marry anyone other than the person who filled for you.


Actually you can, but it has repercussions. In the case of the OP, it would be fraud as they intend to enter and marry someone else. The other problem is if you marry someone other than the original petitioner, you cannot adjust status in the US. You have to leave and go the spousal visa route.
spookyturtleMale02008-09-20 18:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Fiancee Visa & Married Someone Else
Also, please note that the Phillipines is one of the most difficult offices in the world to obtain a waiver from. Like emt103c has stated, check out immigrate2us,net and you must do a consult with a one of the lawyers who has extensive experience with foreing filed waivers. It is so difficult to get a wavier there, you need some good legal help. If you check out the other forum, I believe that there was only one member who has been successful filing in Manila.
spookyturtleMale02008-09-15 22:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Fiancee Visa & Married Someone Else
QUOTE (risal @ Sep 15 2008, 09:19 PM) <{POST_SNAPBACK}>
QUOTE (risal @ Sep 15 2008, 08:16 PM) <{POST_SNAPBACK}>
QUOTE (Len_and_Bren @ Sep 15 2008, 06:53 PM) <{POST_SNAPBACK}>
-- I think overstay is forgiven if married to a USC --



Overstay of fiancee visa is forgiven if married to a US citizen? Even if she married a different guy and returned to the Philippines after overstaying the fiancee visa by 3 years?


Actually, I would prefer the question left in the other forum.. I put it there instead of under waiver because it would get more responses..


But, regardless...

They did file for the AOS and were denied with a letter in the mail stating so and that she had to leave the US or be forced to leave... because she had overstayed the fiancee visa. The letter also stated they could file the I-130 later after she returnes to the Philippines... but made no mention of a ban on re-entry. She overstayed the fiancee visa by 3 years.. and has been back in the Philippines for one year, already... and the way I, and he reads it (online)she is due for a 10 year ban.

It would be great if becaue she did marry a US citizen that she would be forgiven with no ban on re-entry..

You mention the I-601 waiver... It is just the husband and his filipina wife of 4 years... so, it is obviously not a hardship.... just a painful inconvenience..to have to be separated.

Actually, for the moment they are not separated.. he is currently living in the Philippines with her, but they both want to return to the US as soon as possible.

Is she going to be able to do that... or is she going to have to serve the next 9 years of a 10 year ban in the Philippines.

Thankyou.


Is he a US citizen or permanent resident? There will be a 10 year ban regardless, the only way to overcome it is with the I-601 waiver which must prove extreme hardship to the US citizen. Filing in Manila has only a small chance of excess and the harships must be very strong.
spookyturtleMale02008-09-15 22:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Fiancee Visa & Married Someone Else
QUOTE (desert_fox @ Sep 16 2008, 09:14 AM) <{POST_SNAPBACK}>
There doesn't even appear to be a hardship if he can live in the P.I.'s as he is doing now.

Hardship waivers are to address reasons shy the USC spouse cannot move...medical, job, family, etc. Seems that none of this applies.



That's why we advise to consult with an lawyer who has extensive experience with foreign filed waivers. You have to make your hardships work for you. It requires creative thinking and a good hardship package. It isn't following a set of rules and it is not simply writing a letter and filling out a form. There is a lot more too it than many people realize, but it is also doable in many cases if one is willing to invest the necessary time, effort and money to make it happen. Probably the most difficult piece of the puzzle in this case is dealing with DHS in Manila. The approval rate is very low. What would be approved elsewhere can be denied here. But the only way to find out is to try.
spookyturtleMale02008-09-16 14:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
QUOTE (Haole @ Aug 7 2008, 06:03 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Aug 7 2008, 11:55 AM) <{POST_SNAPBACK}>
The reason for the refusal does not go away automatically as a result of marriage. Worst case is that you will begin again with a new petition, and then when after your interview and your visa is refused (again), you will once again have to file for a new waiver and maybe wait up to one year.

DITTO!
Depends on WHY you were denied. My K1 was denied due to lack of evidence of a bona fide marriage. Second time arround after marrying we had tons. Different lady tho.


Your K-1 visa was denied due to lack of evidence of a bona fide relationship? Did you file a waiver for the K1? I am confused??
spookyturtleMale02008-08-07 22:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
QUOTE (Haole @ Aug 8 2008, 01:28 AM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Aug 7 2008, 05:28 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Aug 7 2008, 06:03 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Aug 7 2008, 11:55 AM) <{POST_SNAPBACK}>
The reason for the refusal does not go away automatically as a result of marriage. Worst case is that you will begin again with a new petition, and then when after your interview and your visa is refused (again), you will once again have to file for a new waiver and maybe wait up to one year.

DITTO!
Depends on WHY you were denied. My K1 was denied due to lack of evidence of a bona fide marriage. Second time arround after marrying we had tons. Different lady tho.


Your K-1 visa was denied due to lack of evidence of a bona fide relationship? Did you file a waiver for the K1? I am confused??

No waiver! CO was correct saying we didn't have a bona fide relationship. It was more for convenience than love! I set the lady up in a small business [sari sari store]. Cancelled the petition when it was at CSC and we went our separate ways.
Second time was a entire different story.


The OP is talking about getting married while the waiver is pending. Then you made your post which had nothing to do with what the OP was asking, hence my confusion where your statement was concerned.
spookyturtleMale02008-08-08 01:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
When did you submit your waiver?
spookyturtleMale02008-08-08 11:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
QUOTE (panamania79 @ Aug 8 2008, 08:11 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Aug 8 2008, 12:44 PM) <{POST_SNAPBACK}>
When did you submit your waiver?


On June 3rd.


I don't know if you have checked out immigrate2us.net. They have a section for people who have filed waviers thru Panama. It might give you a better idea of how long the process is taking. I believe that Panama has a good approval rate. If you haven't done so, check it out. And good luck!
spookyturtleMale02008-08-09 00:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
Who did you talk to, the consulate or DHS? The consulate should have turned the waiver over to DHS by now. Can you call the DHS office in Panama? Here is some info on the Panama office.

https://egov.uscis.g...r.statecode=amx

Somebody there is messed up. They accepted your wavier but have no record of you being there to submit it? Don't give up. Call again, see if you can talk to someone else. Better yet, call DHS yourself to check the staus of your waiver. It won't be the first time a consulate has messed up. Good luck and keep us informed.
spookyturtleMale02008-09-17 19:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.
spookyturtleMale02008-09-17 22:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
QUOTE (panamania79 @ Sep 18 2008, 11:23 AM) <{POST_SNAPBACK}>
QUOTE (panamania79 @ Sep 18 2008, 11:03 AM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Sep 17 2008, 11:59 PM) <{POST_SNAPBACK}>
The waiver is submited at the consulate, which is under the Department of State. They forward it to USCIS, which is Department of Homeland Security. They make the decision on the waiver and send it back to the consulate who notifies you of the decision. So you are saying that the consulate hasn't forwarded it to USCIS yet? Perhaps it would be worth your while to contact your congressman or US senator again. Don't let them get away with it. Make noise. And good for you for proving them wrong. I had a long battle with a waiver for my then fiance, now my wife. Persistence pays off, leave no stone unturned.

I understand what yoiu are saying about getting married, but I am not sure how that affects a pending waiver. Best to get some solid information before you make any decisions. There are two good lawyers to talk to. Laurel Scott at visacentral.net and Heather Poole at humanrightsattorney.com/ There are "secret" email adresses that are availble to lawyers and they can usually get a faster reply to an inquiry than we can. Most lawyers aren't really aware what is actually going on out there in real time. The two I have listed are the cream of the crop. There are only a handful in the country that have extensive experience with foreign filed waivers. I don't know what the reason was for your visa denial, or if you are using/consulted a lawyer. I am just making some suggestions. Sometimes you have to think outside the box when dealing with these issues, sometimes it seems as if there is no logic or reason to it.

I am south of Boston. We probably are located quite close.



Thank you for your help.My congressman's office told me that they are acting like this because they didn't expect me to appeal their decision.I will not give up.I just can't believe they play games like this.


The lawyer I spoke to yesterday suggested I get married since they haven't even touched his paperwork yet and I filed it 3 months ago.



You need to talk to a good lawyer. There aren't any in NE! Immigration law is federal, you can use a lawyer licensed in any state. Out of curiosity, who did you talk to? I interviewed a lot of lawyers before chosing one for my waiver. It may be worth your while to talk to your US senators office.
spookyturtleMale02008-09-18 10:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
QUOTE (panamania79 @ Sep 19 2008, 07:47 PM) <{POST_SNAPBACK}>
Especially in RI where lawyers are a dime a dozen and they're all crazy !

Thank you and everyone else for your input. I have decided to let the waiver process take it's couse(with a little help from my senator,congressman,and me being a persistant).


Stay with it, don't let them ignore you. It's your life and nobody cares about it like you do. Make your elected officials work for you. Best of luck and please keep us posted. It will help someone else in the future.
spookyturtleMale02008-09-19 22:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstay Qu.
According to the INA, section 212(a)(9)(cool.gif, there is no ban for an overstay of less than 180 days. If the consulate tried to require a waiver, you would have a strong argument against it. If the visa is denied, they must give you the reason why and state that you are eligile for a waiver under section xxxx, etc. If they denied due to an overstay of less tha 180 days, it would be a mis-application of the law and could be overturned at the consulate level.

For more information, checkout immigrate2us.net.
spookyturtleMale02008-09-03 15:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstay Qu.
QUOTE (Carlawarla @ Sep 5 2008, 11:20 AM) <{POST_SNAPBACK}>
And I thought there was no ban if under 180 days?


You are correct.
spookyturtleMale02008-09-05 11:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i601 waiver -waiting on aproval
QUOTE (Elizabeth P @ Sep 8 2008, 07:22 PM) <{POST_SNAPBACK}>
blush.gif c
my husband had his waiver appointment in ciudad juarez.... on 06/18/08
the waiver was found lack of hardship..... what is the waiting period?


The waiver was backlogged due to lack of hardship? If this is the case, you need to strengthen your waiver package. Please provide more details.
spookyturtleMale02008-09-10 01:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i601 waiver -waiting on aproval
A consultation with a good lawyer is a good place to start. Heather Poole at http://www.humanrightsattorney.com/ or Laurel Scott at visacentral.net is a good place to start. The best site for waivers is immigrate2us.net. Many hours of reading there will help you. There are examples of hardship letters etc. They have a forum for Mexico. Mexico is very lenient for waivers with an approval rate of about 80%.

You need to submit a better hardship package to help your chance for success. Is the only reason you were backlogged because of lack of hardship? Did your husband have any criminal history, DUI, drug use etc? What was the reason he needed the waiver, illegal entry? Please provide more details a and check out the other site.
spookyturtleMale02008-09-11 19:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i601 waiver -waiting on aproval
If you were put on backlog due to lack of hardship, please do some research and strengthen your hardship package. Consider using one of the recommended lawyers. Spend many hours reading at immigrate2us.net. It takes a lot of work to get a waiver approved. Leave no stone unturned.
spookyturtleMale02008-09-13 21:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waivers submitted to Mumbai Consulate, India.
QUOTE (Kurt75 @ Sep 12 2008, 03:24 PM) <{POST_SNAPBACK}>
Good day to everyone,

I had a few questions regarding Mumbai Consulate, I was wondering if I will be able to submit my waiver at the time of my K3 interview ?

If there is a possibility of a 2nd interview, are you allowed to select a date ?

I don't know if this is true, but I have read on Immigrate2US that Mumbai Consulate now handles waivers, if someone can help me in clarify this ?

Am I also looking at a 6 month time frame if I am only submitting the I-601, from what I understand I-212 takes 6 months to process, I was wondering if the same time frame is applicable to the I-601 also ?

Thank you for your help in this matter, I greatly appreciate it.

Kurt.


immigrate2us is the best site for waiver information. Some consultes require a separate appointment to submit the waiver, others accept it at the visa interview.
spookyturtleMale02008-09-12 14:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 approval through juarez
Congratulations! Hopefully more countries will get the Pilot Program in the future.
spookyturtleMale02008-09-02 15:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver?
If he entered illegally and stayed for one year or more, he is banned for 10 years. A waiver is available for the spouse/fiance and son/daughter of a US citizen. If you have filed the I-129F on his behalf, and were honest about him entering illegally, he will eventually go for a visa interview and be denied a visa due to his illegal presense. waiver is available for this. It must prove extreme hardship to you, the US citizen. It requires filing the I-601, which you can download here: http://www.uscis.gov...00045f3d6a1RCRD

You must provide evidence of why it would be an extreme hardship to you if your fiance cannot return to the US and you had to move to Mexico. There are many arguments to use, health issues, employment, financial, etc. The best site to learn about this is immigrate2us.net. There is a section devoted to filing waivers in Mexico. It is an involved process but certainly doable. It is NOT a case of paying $545 and all is forgiven.
spookyturtleMale02008-08-26 00:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver?
A few additional thoughts:

If you use a lawyer for the waiver, expect to pay $5000+ for their services. If you chose to use a lawyer, use one of the few recommended ones. Most have no experience with foreign filed waivers. If you spend several hours reading at the site I have suggested above, you may be able to decide if you can or want to attempt the process by yourself.
spookyturtleMale02008-08-26 00:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver?
Check out attorney Laurel Scott's site, visacentral.net. She is probably the best lawyer in the US for filing a wavier in Juarez Mexico. You need to do lot's of research on this and will likely find that a using a lawyer will be most beneficial to you.
spookyturtleMale02008-08-27 16:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I212 overstay, husband now here in UK, how to file correctly
Go to immigrate2us.net and start reading. It is a wealth of information for those involved with waivers. If you oeverstayed, you need to file an I-601 waiver. Why did you leave the US? The ban doesn't go into effect until you leave. Were you placed in removal proceedings? Were you married in the US? Please provide more details.

Edited by spookyturtle, 22 August 2008 - 12:17 PM.

spookyturtleMale02008-08-22 12:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I212 overstay, husband now here in UK, how to file correctly
At this point it may be easier to wait out the ban. I don't know what processing times are for waivers in London, you can check that at immigrate2us.net.
spookyturtleMale02008-08-23 12:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)WHERE DO I BEGIN
His illegal entry and over one year of illegal presence bars him for 10 years. There is a waiver for this bar if you can prove extreme hardship to the US citizen spouse. If the 3 times he got caught and released were before his sucessful illegal entry, they may not hurt his chances, as long as they were catch and releases. You need to talk to a good lawyer who is experienced with foreign filed waivers. Laurel Scott is one of the best in the country. Her site is visacentral.net. She will let you know upfront if she can help you or not. The best forum for waiver info is immigrate2us.net.

What counrty is your husband from, Mexico?
spookyturtleMale02008-08-21 20:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)WHERE DO I BEGIN
QUOTE (JOHANNA61087 @ Aug 22 2008, 10:35 AM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Aug 21 2008, 07:54 PM) <{POST_SNAPBACK}>
His illegal entry and over one year of illegal presence bars him for 10 years. There is a waiver for this bar if you can prove extreme hardship to the US citizen spouse. If the 3 times he got caught and released were before his sucessful illegal entry, they may not hurt his chances, as long as they were catch and releases. You need to talk to a good lawyer who is experienced with foreign filed waivers. Laurel Scott is one of the best in the country. Her site is visacentral.net. She will let you know upfront if she can help you or not. The best forum for waiver info is immigrate2us.net.

What counrty is your husband from, Mexico?

Yes he is from Mexico I live in Colorado I heard that the Approval rate for the Waiver is only 45% a lawyer also told me that it is harder when they are from Mexico thank you guys for all the feedcack I really appreciate All I can do is just have faith in God!


All waivers in Mexico go through the DHS in Juarez, one of the more lenient offices. The approval rate is in the 80% range. Only a handful of lawyers in the country have extensive experience with foreign filed waivers. The one you spoke to obvisosly doew not. Check out the links I posted previosly.
spookyturtleMale02008-08-22 12:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)WHERE DO I BEGIN
QUOTE (emt103c @ Aug 22 2008, 02:55 PM) <{POST_SNAPBACK}>
spookyturtle is right, Juarez has one of the highest approval rates in the world. He WILL BE denied at the interview and will have to submit and I-601 waiver. The good thing about Mexico is that they have a pilot program wherein you are allowed to schedule a "waiver interview" to be attended after the consular interview. That allows for immediate adjudication. If you have a good waiver that is "immediately approveable" you can get the visa within a few days.

A good place to get information on this process is www.immigrate2us.net . There are a lot of people there who have successfully filed and there are sample hardship letters and ideas on the evidence you must compile.

Two attorneys experienced in this are at the addresses below. Immigration law is federal (so you can use an attorney from any state) and there aren't a lot of attorneys experienced with waivers. These two are.

www.humanrightsattorney.com and
www.visacentral.net



You are absolutey right including Heather Poole. Another top notch choice. Heather and Laurel are both stragiht shooters and tell it like it is. I know that Laurel has a vast amount of experience filing through Mexico.
spookyturtleMale02008-08-22 16:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa overstay, Indian man engaged to USC
His overstay will be forgiven by marriage to a US citizen. They can file for adjustment of status here in the US. The important thing is not to leave the US, that is when any ban he is subject to will take effect. How long has he been in the US? They will need to prove that he did not have intent to immigrate to US when he entered on the work visa. We need more details.
spookyturtleMale02008-08-23 12:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Possible to prepare waiver before interview?
QUOTE (Marty80 @ Aug 10 2008, 07:05 PM) <{POST_SNAPBACK}>
First, it seems like an extremely unproductive process, and is adding considerable expenses for us. Each time my fiancé travels to interview I need (should) go with her because the city is not terribly safe. So this adds airfare and then the government is so kind to charge us in excess of $500 to file a waiver. Second, while the fees are irritating, I fear this will add unreasonable processing time too. Having read the Juarez forum, some people comment the consulate will state an additional 10 months to process a waiver.

Any advice is much appreciated.

Thanks,
Marty


It is a very painful and drawn out process in most of the world, but Mexico has the Pilot Program which may expedite approval and Juarez is probably the most lenient office in the world. You won't be able to submit your waiver on the first visit, but with some hard work and good fortune, you may get your wavier approved the same day of your next appointment.

My fiance went thru Rio and had to make 4 trips to the consulate during the process. She lived 1500 miles away and had to stay at least one night in a hotel each time. Very expensive and frustrating, but well worth it to be married now after 30 months of hell.
spookyturtleMale02008-08-10 19:43:00