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Can a waiver be waived in the CR1 interview?

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Filed: Other Country: Brazil
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Hello guys!
I lived in USA for almost 15 years and I left on April of 2013 on voluntary departure, I got married on USA and I also have a son that is 13 years old and was born in USA.
My husband filled my I-130 right before I left, I -130 was approved and sent to NVC, We sent all the docs and finally we got a answer saying all the docs has been received and they forward my docs to the Embassy, and I should received my interview pack soon. So far so good, but since I left USA on voluntary departure I know I need to apply for the waiver after my visa been denied. My question is: Does anyone heard about a waive been waived? I heard one case and tough was very strange, but if you know or you are on this process please let me know how long after your interview you got your waiver approved or not, let's share experience please.
My husband has been visiting me about 8 times in 2 years and we also have a house on both names, cars, all insurances,but financially is too hard.

He also has been suffering from stress and depression not counting the high-blood pressure issue; I'm the one that takes care him, but since I'm too far things are getting worse.

Please give me any feedback on situations like this.

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Filed: K-1 Visa Country: Wales
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I would not worry too much about a properly prepared waiver being denied for a simple overstay.

Is that all you have, an overstay and VD?

A waiver would not be waived, the only cases I have come across is where there is a question as to whether a waiver is needed, yours sounds pretty straightforward.

“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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Filed: Other Country: Brazil
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I would not worry too much about a properly prepared waiver being denied for a simple overstay.

Is that all you have, an overstay and VD?

A waiver would not be waived, the only cases I have come across is where there is a question as to whether a waiver is needed, yours sounds pretty straightforward.

Thanks for reply;

I was inspected when I arrived but was under another alias, I only use that to enter USA, I always use my name for everything there.

At the interview they should have all the information on my voluntary deportation correct? And if they ask me anything I should be honest with them right?

Thanks

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Filed: K-1 Visa Country: Wales
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VD you would have had to report to the Consulate if memory serves me right to show that you left on time.

I would take everything just in case.

“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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Filed: Timeline

If the alias you entered with was USC you have majorrrrrr probs

if its docs from elsewhere it could be a misrep (we don't know the facts)

The I 130 approval & NVC process does not guarantee you an approval

to return....VD so you went to court? You will probably have to prove you

departed when U should & stayed out the US ...by passport stamp when U

arrived back in your country, lease, paystubs, medical record can help as

proof fron your country for every yr U are out

The CO will tell U at interview if U are eligible for a waiver I 601...not just a form

to fill out...are U working with an atty? .

Waivers get waived when USCIS ICE or a court made a mistake regarding an applicant

I would imagine by other means too if ine has an atty that can work majic

Edited by Jawaree
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Filed: K-1 Visa Country: Wales
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Agree with the claiming to be a USC issue, most often in this sort of case it is a passport borrowed from a friend or relation who has a visa.

“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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Filed: Other Country: Brazil
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VD you would have had to report to the Consulate if memory serves me right to show that you left on time.

I would take everything just in case.

I did report to the consulate and when I arrived. I also have a copy of the form they signed and sent back to USA to close my case.

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Filed: Other Country: Brazil
Timeline

If the alias you entered with was USC you have majorrrrrr probs

if its docs from elsewhere it could be a misrep (we don't know the facts)

The I 130 approval & NVC process does not guarantee you an approval

to return....VD so you went to court? You will probably have to prove you

departed when U should & stayed out the US ...by passport stamp when U

arrived back in your country, lease, paystubs, medical record can help as

proof fron your country for every yr U are out

The CO will tell U at interview if U are eligible for a waiver I 601...not just a form

to fill out...are U working with an atty? .

Waivers get waived when USCIS ICE or a court made a mistake regarding an applicant

I would imagine by other means too if ine has an atty that can work majic

I did report to the consulate, and my alias was not a USC.

I did went to court and left in the window time they gave me.

On my court paper work said I would be eligible to apply for the inadmissibility waiver. The judge ask to be put on my paper work.

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