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i-601 waiver and or i-212

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:(Hi Everyone, I've been reading Visa journey almost 2 years now. Im finally able to tell  my story and ask for help and advice. Friends are tired of hearing our sad story and as far as getting legal help they just took the money and did nothing with our papers. So I'm trying to figure things out on my own. Its taking this long to submit my papers because we run out of money after applying for various visas still not able to go to America. 

I unknowingly overstayed in the States (i am Canadian). I must have been the only Canadian who didn't know your only allowed for 6months. I was never told by border agent or get a stamp on a Canadian passport stating the date of entry and how long i can stay. 

The border Agent gave me a 5 year bar. I have completed 2 years. But would still like to go home rather than wait. The attorneys tell me its actually a 10 year bar. Confused.

My husband is American but we never got around to getting my papers done before i went to visit my ailing parents in Canada. I was not able to return. My husband lost his job from the stress and moved to Canada to be with me. We ended up spending months in hospital carting for my parents both ill who later both passed away. I spent the next 2 years trying to support our family while grieving. I know everyone has a sad story to tell. I hope mine is enough to get the i-601 waiver pass and they will let me and my husband return to America. Sorry for the long story. :ot2:

Heres my questions....

What is the difference between i-601 and i-212 and do i file them both. I couldn't afford it before. I was about to submit the papers this week when i see  the fees have gone from $595 to $930 !!! wth! they are the only docs that have practically doubled. now i have to wait again to save enough money. 

Do i wait to get the 601 approved before we deal with the i-130 appointment in montreal or do we need to go there first before submitting the 601 and or 212 

We just can't afford to do all of that, were talking thousands of dollars. We did get the approval of the 130 were just putting it on hold because i have the 5 year bar so wouldst be able to go to American anyways. 

Please help! 

would love any advice 

i keep looking to see similar stories...anyone know what I'm going through 


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If it is the same for CR-1 as with the K-1, you have to go through the interview process for the I-130 first, they would deny the visa because of the ban you have, then you apply for the waiver.

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Details matter assume you were deported, how long were you living in the US.

You find out about your bans as part of the interview process.

Big issue may be that the Canadian Consulate is strict on showing a US domicile.

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Boiler, great more depressing news. So now i have to wait longer! first interview for i-130 a year wait! geeez! then wait on the waiver or do we submit everything at once. Lawyer said nothing about that he said to get the waiver first then the interview for the 130 would be on hold waiting until we were ready with our waiver which would be week or so wait. prob a load of lies 

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I just read the i-130 receipt again that we received and it states

As of Oct 2015 we sent your case to the Department of state for visa processing USCIS Nebraska Service Center 

we put it on hold since we were going to apply for the waiver 

Does this mean that when we make the appointment it will be a year wait? confusinggggg 

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First of all you are NOT the only Canadian to overstay. I have. So first things first - forgive yourself a bit, what is done is done. My husband is American, he is in the US and I am Canadian, currently in Canada.

I will share a bit of what I have gone through and what I know from my experience.

I left the US, not knowing about the consequences, and then tried to visit - this is when I was given the 10 year bar. We hired lawyers to make things easier on us but I think the first part of the process can be accomplished on your own.

I do not know if your husband is here legally or not - in Canada - but this will be important when it comes to having a qualifying family member to sponsor you to move to the US. Since you are both married you would be doing the I-130 or CR1 sponsorship and he has to make enough money to prove he can support you ect ect. The directives for this first process are rather straightforward and everything you need is explained in detail all over this site.

The application process takes about a year.

At the end of the application part, once you have an Embassy appointment in Montreal set, you will go to the interview and then be found ineligible for a visa because of the overstay - if this is the only reason they find - they will then let you know if you are eligible to apply for a I601 Waiver.

The waiver is intense and somewhat more difficult to put together on your own but you and your husband should read up on the endeavor. If your husband is here in Canada with you, it will be difficult to argue the hardship to the US citizen, which is a major component to the I601 waiver. The waiver is not a guarantee either and can take up to a year to complete (prepare and have a finding)  just because I can apply for one, does not mean I will be granted one.

Sit and have a very logical discussion about this with your husband - both of you reading up on all this entails and the time it will take and the cost and then consider your options. Maybe staying in Canada together is more doable? I do not know if he would be required to go back to the US and re-affirm ties (job, lease, social) in order to qualify for sponsorship.

I will check back in if you have any more questions for me or you can message.

Good luck, I mean it, this is not an easy mistake to put right but it can be done.







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Thanks for letting me know the process of the appointment. Our desire and our ties are all in America. We have nothing here. Only reason why i came here was for my parents. They both passed away so we have ZERO desire to stay here any longer. Our home is all up in storage in America and my husbands family our friends our entire life is in America. 

Our only chance is the waiver. 

I have the same questions if anyone knows

Do i need the the i-212 and the i-601 ? what is the diff? 

shouldn't i get the waiver before my appointment for the i-130? 

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Boiler yes i have the i-130  

i am unsure about the 212 on its own because i applied before i got the i-130 and they denied me 

it was 3 months after i was stopped at the border i was advised it was too soon to apply 

just want to be sure 

i dont want to wait 6 months for nothing plus its doubled in price almost $1000 

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Boiler i overstayed over a year and returned to Canada so they checked off 5 year ban for overstaying  

I will go with what the lawyer originally suggested i guess  i-601 waiver to remove the bar then set up the appointment for the i-130 visa in that order ? i think ? 

Edited by sunshinehopefull

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4 minutes ago, sunshinehopefull said:

Boiler i overstayed over a year and returned to Canada voluntary not deported. thats what the papers say. so they checked off 5 year ban for overstaying 

From my interview at the border - the issue was not my leaving 'voluntarily' when I returned to Canada but rather the issue was I did not have an exit interview before I did.

Voluntarily withdrawing your application for entry into the USA at a port of entry (at the border) is not the same thing in the context of waivers and visa applications (I am just writing that for the sake of including it).

Since you were not deported you do not file I212.

You will go through the I 130 process. Then find out if you can file for the I 601 Waiver.

During the I 130 you can start to prepare for your waiver but you need them to tell you can apply so you have to wait. You cannot file a waiver from Canada before you are denied. Sorry

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