I130 approved but got a i601 after aos interview

[ylsla 0]

Today i had an aos interview with my usc husband. We got the 130 approved but We got a 601 waiver for accruing more than 180days unlawful presence. Does anyone know about this process?how hard Is it to prove the extreme hardship and how hard is it to get approved? The officer At The interview said if our 601 comes back to him, he will approve it. How long will this process take? Thank you in advance.

[Harpa Timsah 13,258]

Overstay is irrelevant for spouses of USCs who adjust in-country. Your spouse is a USC, as you said, so can you explain more about your circumstances? Did you enter the country legally?

[ylsla 0]

I know that's what I heard, but I was given this form and instructions... I entered as a F-1 student but the visa got rebuked after I entered.

Overstay is irrelevant for spouses of USCs who adjust in-country. Your spouse is a USC, as you said, so can you explain more about your circumstances? Did you enter the country legally?

[Harpa Timsah 13,258]

You mean revoked? For what reason?

[ylsla 0]

i was originally f2 and my dad was a f1 but he had to leave us to go back to his job and my mom applied for f1 but it didn't work out and I ended up overstaying 9 days and then I left and came back to US as F1 a few months later. but they revoked my visa later becuase of those 9 days that I overstayed.

You mean revoked? For what reason?

[Harpa Timsah 13,258]

Who is 'they'?

[ylsla 0]

Whoever issued my visa, us embassy in my country?

[Harpa Timsah 13,258]

Then how did you get to the US? It is impossible to help you if you don't explain everything.

[ylsla 0]

Like i said before, i was able to get the visa and enter the US without any problem but they revoked my visa later(about 4 months after I entered the US)

[newacct 688]

It's impossible to have an unlawful presence ban (the 9B ban) if you haven't left the country since accruing unlawful presence. You should be eligible for AOS in your case since you entered the US legally (it doesn't matter if you had status after entering) and you have no ban. So I don't understand on what basis they are denying you. Did they cite a specific section of law for why they are denying you? Could it be that they believe that you somehow misrepresented yourself in your visa application process (whatever caused your visa and/or status to be revoked) and thus you have a misrepresentation ban (6C), and that's why they want you to apply for a waiver? Also, can you make sure the category of your I-130 petition is correct (spouse of US citizen, and not spouse of permanent resident)?

Edited May 3, 2016 by newacct

[ylsla 0]

My dad applied for my f1 and he said i didnt overstay(but i had overstayed 9 days) i got the visa, came here, but they revoked it later. He didn't say anything about misrepresentation. I dont think they will have the reason/all the details of my visa process. They do know that my visa got revoked. This case is inadmissable under 212(a)(9)(B)(i)(1), Which is about the 3 year or 10 year ban. From many people, i heard that my case shouldn't have a problem. I am frustrated right now.

[ylsla 0]

Yes, my husband petitioned i-130 for me as a US citizen and the officer said i-130 got approved after the interview because he believes that it is a real marriage. He also said that if my 601 gets back to him, he will just approve it but he doesn't know if it will get assigned to him or not.

[newacct 688]

My dad applied for my f1 and he said i didnt overstay(but i had overstayed 9 days) i got the visa, came here, but they revoked it later. He didn't say anything about misrepresentation. I dont think they will have the reason/all the details of my visa process. They do know that my visa got revoked. This case is inadmissable under 212(a)(9)(B)(i)(1), Which is about the 3 year or 10 year ban. From many people, i heard that my case shouldn't have a problem. I am frustrated right now.

That's really weird. You would only have 9B ban if you had accrued 180 days of "unlawful presence" (during a single trip) and then departed the US.

For your current trip, you have not departed the US, so that doesn't apply.

For your previous trip, you said that you only overstayed 9 days, so that also doesn't apply.

So I think it's a mistake.

[ylsla 0]

What should i do now? I think the officer was pretty new..

That's really weird. You would only have 9B ban if you had accrued 180 days of "unlawful presence" (during a single trip) and then departed the US.

For your current trip, you have not departed the US, so that doesn't apply.

For your previous trip, you said that you only overstayed 9 days, so that also doesn't apply.

So I think it's a mistake.

[Starkilla09 366]

That officer must've been a newbie and gotten your whole case twisted with a mistake. You normally can only incur a ban if you overstay for at least 6 months and then depart the U.S. Those are the 2 conditions that have to be met before a ban is triggered for unlawful presence. You can't incur a ban if you never even left the U.S. in the first place even after being unlawfully present for 10 years. It still wouldn't even matter as you're the spouse of a U.S. citizen. You should retain a lawyer to fix this mess as it's not a do it your own at this point. Chances are it's a mistake from USCIS.