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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
Posted

If you've gone all the way through the spouse visa process and your spouse visa was denied at interview, now is the time to file the hardship waiver. Your initial post says you filed for visa and waiver at the same time. Please clarify what has and hasn't been done.

we first applied for the k1 visa which was approved and he did go for the interview but was denied on the ground of misrepresentation and now we just got married and we applied for a waiver of inadmissibility and the cr1 visa but it got returned back and we were asked to filled for the i485 along with the i130..

the problem here is.. he lives in turkey and they dont accept waiver in turkey, so he has to send it to the lockbox in phoenix, if we send the i485 and the i130 now, his interview will be in the united state but he is not in the united state at the moment..

so we have to look for a way to send the waiver and the cr1 visa without sending the i485.

Filed: Other Country: China
Timeline
Posted

we first applied for the k1 visa which was approved and he did go for the interview but was denied on the ground of misrepresentation and now we just got married and we applied for a waiver of inadmissibility and the cr1 visa but it got returned back and we were asked to filled for the i485 along with the i130..

the problem here is.. he lives in turkey and they dont accept waiver in turkey, so he has to send it to the lockbox in phoenix, if we send the i485 and the i130 now, his interview will be in the united state but he is not in the united state at the moment..

so we have to look for a way to send the waiver and the cr1 visa without sending the i485.

Find a new attorney. Yours does not understand the process. He filed the wrong waiver. The waiver you need cannot be filed until after the spouse visa has been denied.

You still are not being clear. The I-129F petition was approved but the K1 visa was denied. You could have filed a waiver after the K1 visa was denied but instead, you married.

What did they return to you? Did they return just the waiver, and if so, which waiver was filed? Did they also return the I-130? The devil is in the details here.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
Posted

Find a new attorney. Yours does not understand the process. He filed the wrong waiver. The waiver you need cannot be filed until after the spouse visa has been denied.

You still are not being clear. The I-129F petition was approved but the K1 visa was denied. You could have filed a waiver after the K1 visa was denied but instead, you married.

What did they return to you? Did they return just the waiver, and if so, which waiver was filed? Did they also return the I-130? The devil is in the details here.

my friend there is no devil in any details, and there will never be in jesus name.. i appreciate your response but i will not tolerate any pessimistic opionion.. i dont know if you are an attorney or what.. how can you file for a waiver on k1.. do you think a K1 visa is strong enough for a waiver to be approved on it..? they return some of my documents and gave me a waiver form which stipulates that i was ineligibble for a visa but i can file for a waiver of inadmissibility..

i called the uscis and was told my wife needs to file for i130 first and then on the receipt, it will stipulates where i have to send the 601 petition which is the waiver..

can anyone please confirm if we have to do it this way..

thank you

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

It appears that both husband and wife are responding. You use my husband in some posts and I in others. When you fibbed about your age what type of lie was it ? Did they write anything in your passport ? If they did it is usually some letters and numbers. You filed an I 130 and a waiver. Did they return the I130 to you or just the waiver ? Did you get any notice of acceptance ?

This will not be over quickly. You will not enjoy this.

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

please can you introduce me to some experienced attorneys... i currently have an attorney now but he currently doesnt know this process very well..please your help is needed urgently

Go to the immigrate2us.net web site and look up I-601 waivers in the forums and research all you can about it and how to

write a 15-20 page hardship letter. It is very difficult and you should have an attorney, at the very least consult one per phone who knows what he/she is doing. Fire your current lawyer immediately....if he does waivers and does not know where to send them then something is very wrong there. The address to send it to will be on the web site immigrate2us. Register an account there as it will be your hang-out for the next year.

A waiver attorney is very expensive but may be the difference of your husband coming to the US or you living in your husband's

country.

Laurel Scott is one of the top waiver attorneys and a very good one. There is a list of waiver attorneys somewhere on the site recommended by members. Laurel Scott also has free chats.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

my friend there is no devil in any details, and there will never be in jesus name.. i appreciate your response but i will not tolerate any pessimistic opionion.. i dont know if you are an attorney or what.. how can you file for a waiver on k1.. do you think a K1 visa is strong enough for a waiver to be approved on it..? they return some of my documents and gave me a waiver form which stipulates that i was ineligibble for a visa but i can file for a waiver of inadmissibility..

i called the uscis and was told my wife needs to file for i130 first and then on the receipt, it will stipulates where i have to send the 601 petition which is the waiver..

can anyone please confirm if we have to do it this way..

thank you

You weren't given a pessimistic opinion. It is a figure of speech in the USA to say "the devil is in the details"

meaning : You have to give very detailed answers in order for anyone to help you and understand the point.

He did not literally mean a devil.

When did you marry ? Create a time line on your profile or signature so we can understand what happened when so people can help you better.

See my own, one look and everyone understands what phase I am in currently.

Follow my advice on the previous posts.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: Other Country: China
Timeline
Posted

my friend there is no devil in any details, and there will never be in jesus name.. i appreciate your response but i will not tolerate any pessimistic opionion.. i dont know if you are an attorney or what.. how can you file for a waiver on k1.. do you think a K1 visa is strong enough for a waiver to be approved on it..? they return some of my documents and gave me a waiver form which stipulates that i was ineligibble for a visa but i can file for a waiver of inadmissibility..

i called the uscis and was told my wife needs to file for i130 first and then on the receipt, it will stipulates where i have to send the 601 petition which is the waiver..

can anyone please confirm if we have to do it this way..

thank you

It's a figure of speech, not an actual assertion about any devil.

You were eligible to file the I-601 waiver after the K1 was denied. Eligible to apply does not mean it would have been approved. Since you married, you file the i-130 package, then wait for the CR1 visa to be denied before filing the I-601 waiver. They are NOT filed together.

So, did they only send back your I-601 or both the I-601 and I-130. Without the details, it is impossible to advise you further. That's what is meant by "The devil is in the details." Provide the requested details.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

I say file the I-130 again without any waiver.

Do that this week, and good luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: IR-1/CR-1 Visa Country: Guyana
Timeline
Posted

My husband Live in Ercan Cyprus and we are trying file a I-601 but they said that Turkey don't accept waivers can someone help me

Hello, I will help you.

First thing is send off the I130 petition and WAIT. forget about any waivers right now. let the process start. when its time for waiver then you can send it OK?

So mail out the petition and keep the waiver until its needed.

4027-dil-ko-choo-jaye-gi-shayari-collection-heart_91.gif?d=1205939495

 
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