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Help for Waivers 212 and 601

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Hello friends my husband was denied at his interview for his visa because he overstayed over a year. I would like to know if anyone knows which waiver does he file for this section 212(a)(9)(B)(I)(II) and 212(a)(9)(A)(ii) and in the end it says you are eligible to apply for a waiver of the grounds of ineligibility Is it 601 and 212 or 601A and 212. Your help is appreciated.

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I had to file these exact same waivers a few months back I-601 for misrepresentation and I-212 permission to reenter after deportation at 585 each.

3-Year and 10-Year Bar

INA section 212(a)(9)(B)(i)(II) makes inadmissible any alien who “has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s removal or departure.”

212(a)(9)(A)(ii) http://www.inadmissibility.com/info/212a9Aii.html

I did both myself and got approved in 4 months, but i'd recommend a lawyer. Good luck!


K1 Visa Journey


Event Date
Service Center: Vermont Service Center
Consulate: Montreal, Canada
I-129F Sent: 2012-12-27
I-129F NOA1: 2013-01-17
I-129F RFE(s): 2013-05-31
RFE Reply(s): 2013-06-04
I-129F NOA2: 2013-12-19

Consulate Received: 2014-04-17
Packet 3 Received: 2014-06-13
Packet 3 Sent: 2014-06-17
Packet 4 Received: 2014-08-27
Interview Date: 2014-10-24

Interview Result: Administrative Review
Second Interview
(If Required): No
Approved: 2014-07-17
Visa in hand: 2014-07-21



Adjustment of Status


Event Date
CIS Office: Chicago Lockbox/Tampa FL
Date Filed: 2015-12-07
NOA Date: 2015-12-16
NOA Hardcopy: 2015-12-21
RFE(s):
Bio. Appt.:
AOS Transfer**:
Interview Date:
Approval / Denial Date:
Approved:
Got I551 Stamp:
Green card Received:
Comments: Angry white men be like


xfarp.jpg

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Consult via Phone atty Liz Cannon (google) if you are not

convinced you can do it yourself, its not just forms to fill

out you will need a brief, reasons to show why he should be

allowed back, or U cant go live with him...hardships on you

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Yep a waiver package can be quite complicated especially if English is not your first language.


“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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Moved from IR-1/CR-1 Progress Reports to Waivers forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I'd definitely consult with a lawyer. Good luck!


11/06: Husband EWI from Mexico
11/08: Started dating

11/11: Husband got deported
1/11/14: Got married
3/13/14-11/2/14:
I-130
1/26/15-3/17/15: NVC

5/28/15: INTERVIEW - denied

6/8/15: I-601/I-212 waivers received

11/17/15: I-601/I-212 waivers APPROVED

12/11/15: HUBBY HOME!! :dance:

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I used a lawyer for our waivers. This part is too important to not get it right. There were a lot of details to organize and putting together the packet was a lot of work. The lawyer organized all of our letters and info and prepared a legal brief to introduce the evidence. After reviewing what was sent out by the lawyer, I feel good about our chances. Ours was sent a few weeks ago but currently they are 6 months backlogged at the Nebraska Service Center according to the USCIS website.


K-1 Fiance Visa Process

November 2013 - Met online: Match.com
December 6 - 8, 2013 - Met in person for the first time in Mexico.
February 2014 - Filed for K1/K2 Visa
April 2014 - K1 Visa Approved
April 2014 - January 2015 - Delay due to passport issue.
January - February 2015 Passport for daughter obtained and interview appointment scheduled and trip to Juarez booked
March 19, 2015 - Attended interview in Juarez. fiancée denied. Allowed to file for I-212 and 601 waivers
June 25, 2015 - 212 and 601 Waivers received at Phoenix lockbox and forwarded to Nebraska Service Center.
December 21, 2015 - Waivers Approved

December 28, 2015 - Instruction letter received. Request for passports and new medical.
February 1-3, 2016 - Trip to Juarez for new medical and submit passports to consulate.
February 5, 2016 - Medical documents and passports received at consulate.
February 10, 2016 - Visa status showing as "Ready".
February 16, 2016 - Visa status showing as "Issued"
February 17, 2016 - Waybill sent. Delivery to Tijuana, MX on February 19, 2016
February 22, 2016 - Entry into California through Otay Mesa POE without daughter who decided to stay in MX.
April 30, 2016 - Married!!!!

AOS, EAD, AP Process

June 1, 2016 - Mailed adjustment of status packet.
June 3, 2016 - Packet delivered to Chicago Lockbox.
June 13, 2016 - Text message that AOS Packet was received
June 15, 2016 - NOA1 Received I-485, I-131, I-765
June 24, 2016 - NOA2 Biometrics Appointment Letter Received
July 8, 2016 - Biometrics Appointment
July 25, 2016 I-485, I-131, I-765 Cases appeared on USCIS Website.
August 23, 2016 - Text and e-mail confirmation of Approval of I-131 and I-765. "Card has been ordered"

August 29, 2016 - EAD/AP Card received via USPS Priority Mail.

November 21, 2016 - Received text that Interview has been Scheduled for 12/21/16

December 21, 2016 - Interview in San Francisco

December 29, 2016 - AOS Approved, New card being produced.

January 4, 2017 - Card has been mailed.

February 6, 2017 - Card still not received.

March 2, 2017 - I-90 filed with Potomac Service Center due to original card being lost by local post office.

March 21, 2017 - New biometrics performed.

May 10, 2017 - INFOPASS appointment in SF. I-551 Stamp put in passport to show permanent residency I-90 for replacement filed. Stamp valid for 1 year.

December 11, 2017 - I-90 Approved, New replacement card being produced.

December 19, 2017 - Card Delivered :D, Wife picked up from Post Office. 

 

 

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