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evalili

i 601 wavier extreme hardship

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So I went for my interview today, and because I have overstayed my F-1 status before, I was asked to file for an I-601. My husband and I have plenty of reasons to give to the USCIS for extreme hardship, but I would just like to ask, is my husband (the USC) the one who write the letter?


Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

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F-1s typically accrue no overstay provided your I-94 states "D/S". 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I fell out of status... I have to file for an I-601. The person who got interviewed right before me pissed her off quite a bit, so I ended up taking a hit for it.


Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

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If your I-94 is marked "D/S" then the only way you could have begun to accrue overstay is if an immigration judge or USCIS themselves made a status violation declaration. 

 

It would need to be through either being detained by ICE or another benefit application you filed before the I-485.

 

If neither of those two things happened then you have no overstay and don't need to file an I-601.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Should I contact an Immigration attorney for this? I am thinking I should.

Edited by evalili

Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

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I would. 

 

Sounds like the adjudicator is trying to pull a number on you. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Ok. I really think that she was pissed off and she wanted to go for lunch.

 

The person whom she interviewed before me had illegally presented in the US for 5 years, became a prostitute and got convicted twice, and the girl yelled at the interviewer too.

Edited by evalili

Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

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That's not your fault or problem. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


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True. I will call an attorney during open hours.


Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

Share this post


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I601 is much more than a letter.


“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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Yes I know. the I-601 form, a letter from my husband, a birth certificate from him proving relationship with his mother, his mother's doctors' notes and a letter from her too.


Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

Share this post


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3 hours ago, evalili said:

Yes I know. the I-601 form, a letter from my husband, a birth certificate from him proving relationship with his mother, his mother's doctors' notes and a letter from her too.

How are those proving hardship?

 

a lawyer may be the way to go

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15 minutes ago, Transborderwife said:

How are those proving hardship?

 

a lawyer may be the way to go

My husband currently is living with his mother, and she has just gotten cancer treatment, so the proof would be that I will need to be around her all the time to provide care. She is also indicating that she will need my help to take care of her 2 children who are under 18, because she can't take care of herself well enough.

 

My husband is also providing a letter saying that he needs me there to be with him, because he is concern about the political issues that he experience while he lived in Hong Kong with me, as well as other reasons.


Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

Share this post


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1 minute ago, evalili said:

My husband currently is living with his mother, and she has just gotten cancer treatment, so the proof would be that I will need to be around her all the time to provide care. She is also indicating that she will need my help to take care of her 2 children who are under 18, because she can't take care of herself well enough.

 

My husband is also providing a letter saying that he needs me there to be with him, because he is concern about the political issues that he experience while he lived in Hong Kong with me, as well as other reasons.

Her hardships are not likely of concern to uscis his are.

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well, he is also providing financial care for her too, because his dad is in prison, so if he can prove that he will suffer financial hardship if I am made inadmissible, then the USCIS will consider that?

 

I am also guessing that her medical reports and care are necessary, then I should also submit it along with my I-601?

Edited by evalili

Marriage (if applicable): 2012-12-08

USCIS

I-130 Sent : 2016-05-02

I-130 NOA1 : 2016-05-11

Approved : 2016-08-24

NVC

NVC Received : 2016-10-03

Received DS-261 / AOS Bill : 2016-10-15

Pay AOS Bill : 2016-10-15

Send AOS Package : 2016-11-01

Submit DS-261 : 2016-10-15

Receive IV Bill : 2016-10-18

Pay IV Bill : 2016-10-18

Send IV Package : 2016-11-01

Case Completed at NVC : 2016-11-04

NVC Left : 2016-11-11

US Embassy

Consulate Received : 2016-11-11

Interview Date : 2017-01-10

Interview Result :

Visa Received :

Share this post


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