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andygregory

I 601 or I 212?

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My husband who is an american citizen filed an I 130 for my daughter and me and it was received, now we are just pendind the aproval.

For the second part of the process I have to file either an I 601 or an I 212 , because i have a ban of 10 years because I was found deportable under section 237 and ordered to be removed by a judge under the 240 act. I am still a bit confused wether I have to file a waiver of inadmissibility or the permission for re entry and I need help.

A little back story on why I was found deportable: I moved to the Us with my mother , and traveled with a Tourist Visa when I was 9 years old, when we arrived we applied for political asylum, which was later denied. we apealed this decision and while the apeal was pending my mom met and married her husband who is a US citizen. He applied for the I 130 for both of us which was approved. In order to continue with her new case for change of status we had to file a motion to reopen the asylum case, which the judge denied and we were told we had to leave. we left voluntarily and have been living in Colombia with my mom and stepfather for 6 years. Before I met my husband I tried to apply for a tourist visa and was told I needed to apply for a waiver or permission to reaply.

I have been married for a year and await the 130 to be approved, but with the second set of douments that have to be filed i need to send the waiver or permission, should I do both?

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hi

neither for now,

you cannot do anything until you get your interview, you will be denied and then receive a letter telling you which waiver o waivers you qualify for

you will fill out the i601 and your husband will file the hardship letter, and maybe the i212, you will only know once your visa is denied and if you qualify for the waiver or waivers

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I tried applying for a tourist visa before I married him and they told me I was eligible for a waiver, so what you are saying is that I should just wait for all the proccess to go through and at the US embassy interview wait until they tell me I am eligible for a waiver?

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Waiver requirements for immigrant and non immigrant visas are different.


“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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*** Thread moved from K-1 Process forum to the Waivers/AP forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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OP after the petition is approved, goes to NVC it will get to your Consular where you will get a date

to interview, there they will issue you a 221G if eligible (you should) they will also tell you if both is

need since you were a kid then.

An I 6601 is not just a form to be filled out, Your husband should consult with a waiver atty

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