IR1/CR1 visa and waiver of inadmissability

[istanbulgirl 0]

Hello everyone,

I am a bit confused about the I-601 used with the approval of an 1-130. When you submit all your documents to USCIS and NVC, somewhere during the application process they know that you have overstayed your previous visa in the US. I've read some post here on this website and also on immigrate2us.net that people who have overstayed their visa will be denied at the consular interview and maybe be /eligible/or ineligible for a waiver (I-601 waiver). So if they approve the I-130 why is the visa denied at the interview? I don't understand.

Here's my situation. I entered the US on a k-1 visa back in 1994. The marriage didn't happen and I never returned to my country. I stayed in the US for 14 years until last year I left. I wasn't deported. In 1999 I marry a US citizen and we've been married 10+ years now. So my husband filed the I-129F and the I-130 shortly after I left the US and both were approved. Now I'm reading all these posts and it seems like I will be denied a visa but maybe eligible for a waiver that might take 15 mths to get approved. So why do the USCIS and NVC approve the I-130 if they won't ultimatel grant a visa at the interview.

What are people's reaction and experiences through this process? Some please help----my interview date is October 6 at 9:00 in Ankara, Turkey. (Yes I live and work in Turkey legally now). Advice please!!!

[payxibka 10,045]

Hello everyone,

I am a bit confused about the I-601 used with the approval of an 1-130. When you submit all your documents to USCIS and NVC, somewhere during the application process they know that you have overstayed your previous visa in the US. I've read some post here on this website and also on immigrate2us.net that people who have overstayed their visa will be denied at the consular interview and maybe be /eligible/or ineligible for a waiver (I-601 waiver). So if they approve the I-130 why is the visa denied at the interview? I don't understand.

Here's my situation. I entered the US on a k-1 visa back in 1994. The marriage didn't happen and I never returned to my country. I stayed in the US for 14 years until last year I left. I wasn't deported. In 1999 I marry a US citizen and we've been married 10+ years now. So my husband filed the I-129F and the I-130 shortly after I left the US and both were approved. Now I'm reading all these posts and it seems like I will be denied a visa but maybe eligible for a waiver that might take 15 mths to get approved. So why do the USCIS and NVC approve the I-130 if they won't ultimatel grant a visa at the interview.

What are people's reaction and experiences through this process? Some please help----my interview date is October 6 at 9:00 in Ankara, Turkey. (Yes I live and work in Turkey legally now). Advice please!!!

USCIS approves the I-130 petition (which is NOT a visa application). NVC simply facillitates the paperwork for the visa application (DS-230) but does not approve/deny visas.

Stated a different way, the USCIS (Department of Homeland Security) is only approving your eligibility to apply for a visa if the future based on certain eligibility requirements (ie.. immediate relative of a USC or Fiance(e) of a USC) not your eligibility for the visa iteself, as the USCIS does NOT issue visas. That responsibility (eligibility to receive the visa) belongs solely to the consulate (Department of State).

While it seems messed up, that is what it is.

[TRELAWNY PARISH 10]

Hello everyone,

I am a bit confused about the I-601 used with the approval of an 1-130. When you submit all your documents to USCIS and NVC, somewhere during the application process they know that you have overstayed your previous visa in the US. I've read some post here on this website and also on immigrate2us.net that people who have overstayed their visa will be denied at the consular interview and maybe be /eligible/or ineligible for a waiver (I-601 waiver). So if they approve the I-130 why is the visa denied at the interview? I don't understand.

Here's my situation. I entered the US on a k-1 visa back in 1994. The marriage didn't happen and I never returned to my country. I stayed in the US for 14 years until last year I left. I wasn't deported. In 1999 I marry a US citizen and we've been married 10+ years now. So my husband filed the I-129F and the I-130 shortly after I left the US and both were approved. Now I'm reading all these posts and it seems like I will be denied a visa but maybe eligible for a waiver that might take 15 mths to get approved. So why do the USCIS and NVC approve the I-130 if they won't ultimatel grant a visa at the interview.

What are people's reaction and experiences through this process? Some please help----my interview date is October 6 at 9:00 in Ankara, Turkey. (Yes I live and work in Turkey legally now). Advice please!!!

USCIS approves the I-130 petition (which is NOT a visa application). NVC simply facillitates the paperwork for the visa application (DS-230) but does not approve/deny visas.

Stated a different way, the USCIS (Department of Homeland Security) is only approving your eligibility to apply for a visa if the future based on certain eligibility requirements (ie.. immediate relative of a USC or Fiance(e) of a USC) not your eligibility for the visa iteself, as the USCIS does NOT issue visas. That responsibility (eligibility to receive the visa) belongs solely to the consulate (Department of State).

While it seems messed up, that is what it is.

That's my understanding as well.

[sus 70]

I would say to prepare as if you will have to file the waiver - My understanding is that you will find out at the interview if you are eligible or not - some have gone to their interview with the waiver fully prepared and filed it immediately there.

[istanbulgirl 0]

Thanks all! My lawyer is currently working on the waiver. This is so nerve wracking....I don't want to emotionally prepare myself for a denial but I'm trying to stay positive. Only god knows what will happen!

[.:MzMorgan:. 0]

Dont really have an answer to this but I pray everyting will work out fi yuh!

[istanbulgirl 0]

Sad news y'all. I went for my IR1 visa interview today in Ankara and was denied the visa because of the "overstay". I'm eligible for the waiver though.

The IO was very very nice -- I was asked only one question about my husband "Where did you guys meet?"

Then she looked through my file and saw that we were married in NY in 1999. Then she asked me when and how I entered the US. Then she said, "Sorry honey, because of the overstay, I can't issue you the visa this time, but here's what you do. I'll give you a waiver, have your attorney go over it with you and bring it back to the Embassy as soon as possible. There shouldn't be a problem, so come back when you have everything ready."

Even though I wasn't given the visa, I felt good because the IO seems to understand how hard it was to be apart from someone you love.

People have mentioned that the interviewing officers at the Embassy in Ankara are mean --- but I have to say differently. Almost eveyone who applied for their visa got through. People were happy in tears and everyone that had their interview within the 2 hour span I was there got their visas. Everyone was just happy going over to the UPS desk to pay for their visa. Hopefully in a few months I'll have the same happy feeling.

[canadian_wife 1,823]

I am sorry your visa was denied, but I am glad the CO was understanding and seemed positive about your future

Good luck.

[MsSheka 0]

Sad news y'all. I went for my IR1 visa interview today in Ankara and was denied the visa because of the "overstay". I'm eligible for the waiver though.

The IO was very very nice -- I was asked only one question about my husband "Where did you guys meet?"

Then she looked through my file and saw that we were married in NY in 1999. Then she asked me when and how I entered the US. Then she said, "Sorry honey, because of the overstay, I can't issue you the visa this time, but here's what you do. I'll give you a waiver, have your attorney go over it with you and bring it back to the Embassy as soon as possible. There shouldn't be a problem, so come back when you have everything ready."

Even though I wasn't given the visa, I felt good because the IO seems to understand how hard it was to be apart from someone you love.

People have mentioned that the interviewing officers at the Embassy in Ankara are mean --- but I have to say differently. Almost eveyone who applied for their visa got through. People were happy in tears and everyone that had their interview within the 2 hour span I was there got their visas. Everyone was just happy going over to the UPS desk to pay for their visa. Hopefully in a few months I'll have the same happy feeling.

I am sorry to hear that but definately do that waiver ASAP!