We just had our INS interview in Garden City and ran into a big problem. Before we got married we had applied for a Visa extension but abandoned it once we got married and filed thinking that he would be in-status. After we received advanced parole we traveled to Israel and came back (no problem) but according to the officer, he was out of status. At the time I thought that the best thing would be to supply proof that we had applied for the extension but since it was denied it doesn't matter. I declined the i-601 waiver at that point b/c I didn't realize how necessary it was.

Now our lawyer has to go back and beg for the i-601 waiver which is iffy and expensive.

Does anyone have experience going through this?