Jump to content
Sign in to follow this  
kuhio

Need 2nd I-601 Waiver For AOS????

7 posts in this topic

Recommended Posts

Not sure to post this here or in the waiver section. Since it applies to AOS I thought here would be better.

My (now) wife entered the US in January on a K1 visa. Since we had an inadmissibility we needed to get an I-601 waiver which we applied for (USCIS Bangkok) and were approved. (obviously prior to getting the visa)

Fast forward now. We had our AOS interview today and the IO said she was not sure, but she thinks that the waiver only applies to our visa and we would need to do the whole thing again for AOS. She said she needs to ask "the lawyer".

Am I wrong to assume that the approval of an I-601 should be binding for future immi decisions?

Share this post


Link to post
Share on other sites

I'm hoping not!!! I think the issue is closed based on the 1st 601 unless the beneficiary has committed the same inadmissability a second time since entering on the visa.

Bob


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites

You are not wrong.

That lady must be new or something- the only way there would be an issue is if new information came to light about the former inadmissability.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

Thanks Penguin!! Many thanks......

Bob


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites

You are not wrong.

That lady must be new or something- the only way there would be an issue is if new information came to light about the former inadmissability.

Well, sigh, got the letter from the local USCIS office today. Found inadmissible for for the exact same inadmissibility we dealt with in our waiver during the K1 process. No new information about the inadmissibility came to light. The INA section quoted is the same. Says 83 days to apply for I-601..........again.

Called our lawyer who did the waiver for us. He says that they just don't know the law and wants to see the letter we got to see if this can be dealt with by just sending a letter or if he wants to send us to an infopass with a local lawyer he knows.

Sigh...

Share this post


Link to post
Share on other sites

Well, sigh, got the letter from the local USCIS office today. Found inadmissible for for the exact same inadmissibility we dealt with in our waiver during the K1 process. No new information about the inadmissibility came to light. The INA section quoted is the same. Says 83 days to apply for I-601..........again.

Called our lawyer who did the waiver for us. He says that they just don't know the law and wants to see the letter we got to see if this can be dealt with by just sending a letter or if he wants to send us to an infopass with a local lawyer he knows.

Sigh...

Well, at least your lawyer seems to be ready to take care of things. I hope it all works out good.gif

Share this post


Link to post
Share on other sites

Well, at least your lawyer seems to be ready to take care of things. I hope it all works out good.gif

Lawyer is actually quite shocked. Has never had a case where a K1 who needed a waiver and was approved had any problem like this at AOS. Has done hundreds of such cases.

The lawyer I used for the visa is a local attorney back in Thailand. He has referred me to a local lawyer here in San Francisco.

I did the AOS without a lawyer because I assumed all the hard stuff was behind us. Anyway, to attempt to correct this (which may not even work) I now have to retain counsel again and they are going to at the very least file a brief with the officer who made the decision. Possibly even have to file a motion to reconsider. Regardless, it will not be cheap.

Sigh...

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
Sign in to follow this  
- 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.
×