Hi,
My wife in Brazil was denied her Immigrant visa last Monday (June 9,2008).
They gave her forms I-601 and I-212 to fill out and return to the embassy in August to start waiver proceedings.
The I-601 looks like it will be difficult.
I have looked over the I-601 and I-212 forms.
There are many places that I do not know what to fill in.
Simple things like on:
Form I-601:
Line A.8 (I-601) Date of Visa Application. I don’t know what date to put in, the date I sent the application to the NVC (DS-230 part 1)?
And line A.9. “Visa applied for at:” Do I put the NVC in Portsmouth New Hampshire where I sent the DS-230 forms, or the Rio Consulate?
Also on line 11:
Applicant was previously in the United States, as follows:
City and State From (Date) To (Date) Immigration status
I do not know what “immigration status” would be.
I talked to the USCIS, they were of little help and said an attorney, or “professional form preparers” might help.
She told me over the phone that the Immigration Status would be on her passport (in the visa parts?).
I not sure what “MY” immigrations status on line B.5. I am a U.S. Citizen (born and raised in the US)
#10. “Reason for inadmissibility”…..”Please include a statement explaining the acts, convictions, and medical conditions that make you inadmissible.”…
I suppose this can be gathered from any deportation documents she may have received, right?
On Form I- 212:
In the check boxes for #7. There is not a box to check for Voluntary Departure. She did leave on her own, so which one to check?
Also #2, I do not know if I should use the USCIS Receipt Number for our case, or if there is a number on deportation documents.
Thanks for bearing with me, sorry for so much at one time.
I would sincerely appreciate any help
Mark
PS.
Some background on my wife:
She was denied entry to the US a couple of year ago in Atlanta.
She may have worked while in the US on a tourist visa.
I don't know the details Yet!
Full Version: I have questions on I-601 and I-212 Forms
VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
QUOTE(MarkShep @ Jun 13 2008, 10:05 PM) 
Hi,
My wife in Brazil was denied her Immigrant visa last Monday (June 9,2008).
They gave her forms I-601 and I-212 to fill out and return to the embassy in August to start waiver proceedings.
The I-601 looks like it will be difficult.
I have looked over the I-601 and I-212 forms.
There are many places that I do not know what to fill in.
Simple things like on:
Form I-601:
Line A.8 (I-601) Date of Visa Application. I don’t know what date to put in, the date I sent the application to the NVC (DS-230 part 1)?
Date of the consular interview
And line A.9. “Visa applied for at:” Do I put the NVC in Portsmouth New Hampshire where I sent the DS-230 forms, or the Rio Consulate?
Write the name of the Embassy where the interview took place.
Also on line 11:
Applicant was previously in the United States, as follows:
City and State From (Date) To (Date) Immigration status
Give all entries and exits of your spouse/fiance to the U.S.
I do not know what “immigration status” would be.
I talked to the USCIS, they were of little help and said an attorney, or “professional form preparers” might help.
She told me over the phone that the Immigration Status would be on her passport (in the visa parts?).
During the visits, what was her status? Resident/Tourist/Visitor? This is what you write.
I not sure what “MY” immigrations status on line B.5. I am a U.S. Citizen (born and raised in the US)
US Citizen
#10. “Reason for inadmissibility”…..”Please include a statement explaining the acts, convictions, and medical conditions that make you inadmissible.”…
I suppose this can be gathered from any deportation documents she may have received, right?
There should be documentation of why she was deported. Most likely this involves an overstay. . .you need to give more details. . .based on your other post "Misrepresentation" needs to be here as well.
On Form I- 212:
In the check boxes for #7. There is not a box to check for Voluntary Departure. She did leave on her own, so which one to check?
If she had a Voluntary Departure that she followed, she wouldn't need the I-212. . .She must not have followed it and it turned into an automatic deportation, otherwise this could be the source of the Misrep charge. . .
Also #2, I do not know if I should use the USCIS Receipt Number for our case, or if there is a number on deportation documents.
There is probably an A# on your I-130 receipt AND on the deportation documents. . .you need to mention both if there is more than one. It is the Alien registration number, NOT the receipt number. . .it starts with an A
Thanks for bearing with me, sorry for so much at one time.
I would sincerely appreciate any help
Mark
PS.
Some background on my wife:
She was denied entry to the US a couple of year ago in Atlanta.
She may have worked while in the US on a tourist visa.
I don't know the details Yet!
My wife in Brazil was denied her Immigrant visa last Monday (June 9,2008).
They gave her forms I-601 and I-212 to fill out and return to the embassy in August to start waiver proceedings.
The I-601 looks like it will be difficult.
I have looked over the I-601 and I-212 forms.
There are many places that I do not know what to fill in.
Simple things like on:
Form I-601:
Line A.8 (I-601) Date of Visa Application. I don’t know what date to put in, the date I sent the application to the NVC (DS-230 part 1)?
Date of the consular interview
And line A.9. “Visa applied for at:” Do I put the NVC in Portsmouth New Hampshire where I sent the DS-230 forms, or the Rio Consulate?
Write the name of the Embassy where the interview took place.
Also on line 11:
Applicant was previously in the United States, as follows:
City and State From (Date) To (Date) Immigration status
Give all entries and exits of your spouse/fiance to the U.S.
I do not know what “immigration status” would be.
I talked to the USCIS, they were of little help and said an attorney, or “professional form preparers” might help.
She told me over the phone that the Immigration Status would be on her passport (in the visa parts?).
During the visits, what was her status? Resident/Tourist/Visitor? This is what you write.
I not sure what “MY” immigrations status on line B.5. I am a U.S. Citizen (born and raised in the US)
US Citizen
#10. “Reason for inadmissibility”…..”Please include a statement explaining the acts, convictions, and medical conditions that make you inadmissible.”…
I suppose this can be gathered from any deportation documents she may have received, right?
There should be documentation of why she was deported. Most likely this involves an overstay. . .you need to give more details. . .based on your other post "Misrepresentation" needs to be here as well.
On Form I- 212:
In the check boxes for #7. There is not a box to check for Voluntary Departure. She did leave on her own, so which one to check?
If she had a Voluntary Departure that she followed, she wouldn't need the I-212. . .She must not have followed it and it turned into an automatic deportation, otherwise this could be the source of the Misrep charge. . .
Also #2, I do not know if I should use the USCIS Receipt Number for our case, or if there is a number on deportation documents.
There is probably an A# on your I-130 receipt AND on the deportation documents. . .you need to mention both if there is more than one. It is the Alien registration number, NOT the receipt number. . .it starts with an A
Thanks for bearing with me, sorry for so much at one time.
I would sincerely appreciate any help
Mark
PS.
Some background on my wife:
She was denied entry to the US a couple of year ago in Atlanta.
She may have worked while in the US on a tourist visa.
I don't know the details Yet!
I answered each individual question in red. . .see above.
From the background information that you provide it seems that she probably acquired the Misrepresentation charge by entering the U.S. on a tourist visa with the intention to work. If she was working, she probably had an overstay. . .in addition, if she was given voluntary departure that time and then denied entry at the airport after an immigration violation, she probably got an Expedited Removal, which is why she needs the I-212. . .If I were you I would be sure to prepare a very strong waiver packet with good supporting documents.
Have you consulted an attorney yet?
Based on your story I'm thinking. . .
Entered U.S on tourist visa with intent to work. . .overstayed
Attempted to enter post overstay. . . expedited removal
I-212 for expedited removal. . .I-601 for overstay, misrepresentation
QUOTE(emt103c @ Jun 13 2008, 10:49 PM)
QUOTE(MarkShep @ Jun 13 2008, 10:05 PM)
Hi,
My wife in Brazil was denied her Immigrant visa last Monday (June 9,2008).
They gave her forms I-601 and I-212 to fill out and return to the embassy in August to start waiver proceedings.
The I-601 looks like it will be difficult.
I have looked over the I-601 and I-212 forms.
There are many places that I do not know what to fill in.
Simple things like on:
Form I-601:
Line A.8 (I-601) Date of Visa Application. I don’t know what date to put in, the date I sent the application to the NVC (DS-230 part 1)?
Date of the consular interview
And line A.9. “Visa applied for at:” Do I put the NVC in Portsmouth New Hampshire where I sent the DS-230 forms, or the Rio Consulate?
Write the name of the Embassy where the interview took place.
Also on line 11:
Applicant was previously in the United States, as follows:
City and State From (Date) To (Date) Immigration status
Give all entries and exits of your spouse/fiance to the U.S.
I do not know what “immigration status” would be.
I talked to the USCIS, they were of little help and said an attorney, or “professional form preparers” might help.
She told me over the phone that the Immigration Status would be on her passport (in the visa parts?).
During the visits, what was her status? Resident/Tourist/Visitor? This is what you write.
I not sure what “MY” immigrations status on line B.5. I am a U.S. Citizen (born and raised in the US)
US Citizen
#10. “Reason for inadmissibility”…..”Please include a statement explaining the acts, convictions, and medical conditions that make you inadmissible.”…
I suppose this can be gathered from any deportation documents she may have received, right?
There should be documentation of why she was deported. Most likely this involves an overstay. . .you need to give more details. . .based on your other post "Misrepresentation" needs to be here as well.
On Form I- 212:
In the check boxes for #7. There is not a box to check for Voluntary Departure. She did leave on her own, so which one to check?
If she had a Voluntary Departure that she followed, she wouldn't need the I-212. . .She must not have followed it and it turned into an automatic deportation, otherwise this could be the source of the Misrep charge. . .
Also #2, I do not know if I should use the USCIS Receipt Number for our case, or if there is a number on deportation documents.
There is probably an A# on your I-130 receipt AND on the deportation documents. . .you need to mention both if there is more than one. It is the Alien registration number, NOT the receipt number. . .it starts with an A
Thanks for bearing with me, sorry for so much at one time.
I would sincerely appreciate any help
Mark
PS.
Some background on my wife:
She was denied entry to the US a couple of year ago in Atlanta.
She may have worked while in the US on a tourist visa.
I don't know the details Yet!
My wife in Brazil was denied her Immigrant visa last Monday (June 9,2008).
They gave her forms I-601 and I-212 to fill out and return to the embassy in August to start waiver proceedings.
The I-601 looks like it will be difficult.
I have looked over the I-601 and I-212 forms.
There are many places that I do not know what to fill in.
Simple things like on:
Form I-601:
Line A.8 (I-601) Date of Visa Application. I don’t know what date to put in, the date I sent the application to the NVC (DS-230 part 1)?
Date of the consular interview
And line A.9. “Visa applied for at:” Do I put the NVC in Portsmouth New Hampshire where I sent the DS-230 forms, or the Rio Consulate?
Write the name of the Embassy where the interview took place.
Also on line 11:
Applicant was previously in the United States, as follows:
City and State From (Date) To (Date) Immigration status
Give all entries and exits of your spouse/fiance to the U.S.
I do not know what “immigration status” would be.
I talked to the USCIS, they were of little help and said an attorney, or “professional form preparers” might help.
She told me over the phone that the Immigration Status would be on her passport (in the visa parts?).
During the visits, what was her status? Resident/Tourist/Visitor? This is what you write.
I not sure what “MY” immigrations status on line B.5. I am a U.S. Citizen (born and raised in the US)
US Citizen
#10. “Reason for inadmissibility”…..”Please include a statement explaining the acts, convictions, and medical conditions that make you inadmissible.”…
I suppose this can be gathered from any deportation documents she may have received, right?
There should be documentation of why she was deported. Most likely this involves an overstay. . .you need to give more details. . .based on your other post "Misrepresentation" needs to be here as well.
On Form I- 212:
In the check boxes for #7. There is not a box to check for Voluntary Departure. She did leave on her own, so which one to check?
If she had a Voluntary Departure that she followed, she wouldn't need the I-212. . .She must not have followed it and it turned into an automatic deportation, otherwise this could be the source of the Misrep charge. . .
Also #2, I do not know if I should use the USCIS Receipt Number for our case, or if there is a number on deportation documents.
There is probably an A# on your I-130 receipt AND on the deportation documents. . .you need to mention both if there is more than one. It is the Alien registration number, NOT the receipt number. . .it starts with an A
Thanks for bearing with me, sorry for so much at one time.
I would sincerely appreciate any help
Mark
PS.
Some background on my wife:
She was denied entry to the US a couple of year ago in Atlanta.
She may have worked while in the US on a tourist visa.
I don't know the details Yet!
I answered each individual question in red. . .see above.
From the background information that you provide it seems that she probably acquired the Misrepresentation charge by entering the U.S. on a tourist visa with the intention to work. If she was working, she probably had an overstay. . .in addition, if she was given voluntary departure that time and then denied entry at the airport after an immigration violation, she probably got an Expedited Removal, which is why she needs the I-212. . .If I were you I would be sure to prepare a very strong waiver packet with good supporting documents.
Have you consulted an attorney yet?
Based on your story I'm thinking. . .
Entered U.S on tourist visa with intent to work. . .overstayed
Attempted to enter post overstay. . . expedited removal
I-212 for expedited removal. . .I-601 for overstay, misrepresentation
I am a US citizen. I married my husband here in denver the US. My husband is from Nigeria. My husband was deported some years ago for unlawful immigration violation. I decided to file form I-212 with CIS and was subsequently approved in January 2008. up till date I haven`t heard anything as to how my husband can get an immigrant visa to come here.Why is there a delay? Is there anything else that my husband and I can do? any help?
You will need to give more information.
If you could just give a timeline that would be most helpful. . .mention:
When/Where you filed I-130
When/Where you had consular interview
Have you submitted proof of 212 approval to consulate?
The way your questions sounds, you may not have done any of these things yet. . . if this is true, please read:
http://www.travel.state.gov/visa/immigrant...types_1315.html
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
If he was deported, he will probably also need an I-601 after the consular interview. Please post your timeline for more help.
If you could just give a timeline that would be most helpful. . .mention:
When/Where you filed I-130
When/Where you had consular interview
Have you submitted proof of 212 approval to consulate?
The way your questions sounds, you may not have done any of these things yet. . . if this is true, please read:
http://www.travel.state.gov/visa/immigrant...types_1315.html
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
If he was deported, he will probably also need an I-601 after the consular interview. Please post your timeline for more help.
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