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stunna54

I-212 Question

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So my wife and I had our consular visa interview in March in Montreal...

My wife due to overstaying for more than 1 yr was advised by the consulate to fill out form I-212 and check the box on form for INA Section 212 (a)(9)(b)(i) and Section 212 (a)(9)(b)(ii)

only problem is those sections dont exist on the I-212!!! UGH

I see INA Section 212 (a)(9)(a)(i) and (ii) and INA Section 212 (a)(9)©(i)

So we are kind of at a loss on what to fill out...my wife's tried calling USCIS, NVC and even the consulate...we have a message for a USCIS officer to call us back...anyone had a similar experience or know what form we should really fill out??

We looked at the I-601 and it refers us back to the I-212 LOL

My wife was never removed or deported, she did overstay but voluntarily left....the options currently on the I-212 dont fit our case...any help would be appreciated

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She needs the 601Not the 212


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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That was my original thought...the 601 seems to fit our case much better.....just always the fear of filling out the wrong form...especially when the consulate on the paperwork said 212....sigh...lol

Gotta have some humor in this process I guess :)

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Odd usually Canadians are d/s


“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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Read up on the waiver because the 601 is way more involved than the 212. You must show hardship for the petitioner. Its not a simple form you fill out and submit. The waivers are being adjudicated in 4-6 months lately. You may want to consult with an immigration lawyer familiar with waivers if you aren't sure what to do. Our package weighed a ton and had over 600 pages of info.

Do your homework


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







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I say call and get an expert free consult with waiver atty liz Cannon

I would give an answer but I see a gray area & I know a few ppl who

221G was incorrect that they collected from a CO. I say get a factual

answer there , because 212 is filed in the jurisdiction you were if its

a stand alone I 601 is indepth & not exactly DIY thing. and filed in Nebraska

You can google her

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212 added to a 601 is no biggie as you have made the case in the 601.

If the waiver is for the overstay then it is a 601.


“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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