Jump to content
ReRo040613

Can a waiver be waived in the CR1 interview?

12 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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.”

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.”

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.”

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×