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Visa denial after I-601 waiver approval?

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Filed: K-1 Visa Country: Nigeria
Timeline

Has there every been a visa denial after USCIS approves the I-601 waiver? 

We had an interview in June of 2016 and the K1 was denied due to prior misrepresentation.  We  were given the option to file a waiver and our waiver was approved.  

Even though it has not been a year since the last interview, they have requested another interview scheduled for April.  I know usually that if it's been less than a year since the original interview, they don't require an additional interview. 

I've kept up with case updates and they've updated it as recently as yesterday.

 

I thought I'd put a feeler out and see if anyone has ever been in the same situation? 

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Filed: Citizen (apr) Country: Ireland
Timeline

I have seen visa denials after waiver approvals on here- not for the waiver reason (because the ban has been waived), but for related reason (they still don;t trust the beneficiary has told the truth) or completely unrelated reason.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Nigeria
Timeline

I have seen a few denials. A waiver being approved is no guarantee of a Visa being approved. Good luck. Misrepresentation is no joke and hard to overcome.

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Filed: AOS (pnd) Country: Nigeria
Timeline

I've not seen any visa denials after a waiver approval but that's just my personal observation.  The search tool may be of some help!

 

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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Filed: Timeline

There can be denial if other ban/s is found that would put one in inadmissible again

now if that new ban is waivable one has to be filed, the CO will tell you if you can.

 

What made you say the visa is refused after waiver approval? when a waiver is

approved ceac will still say REFUSED at times until it go to AP then Ready.

 

After waiver is approved one could be called in for a mini review, if there are

questions they'll ask then

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I have seen cases of denials after waiver approvals here and on another forum.

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Filed: AOS (pnd) Country: Nigeria
Timeline

Interesting, I've searched myself as well and I haven't been able to find any links.   I saw where some had been denied with an approved I-601a before, but none with an I-601.  I'm not by any means saying that they aren't there, just that I've searched google as well as VJ and couldn't see any.

It does make sense that they could deny on the fact that they still do not believe the beneficiary, but in that case- why would they give them the option to file a waiver at all, why not just deny them initially?

 

OP, hopefully it's just a follow-up interview!

Edited by FN&KO
.

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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I don't think it's a strange request to have another interview. You were deemed inadmissible on the last one, case closed, so they didn't evaluate you on the merits of your case. Now that you've been granted a waiver on that inadmissibility, they can look at your case like they would every other applicant's.

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Filed: AOS (pnd) Country: Nigeria
Timeline
4 hours ago, afrocraft said:

I don't think it's a strange request to have another interview. You were deemed inadmissible on the last one, case closed, so they didn't evaluate you on the merits of your case. Now that you've been granted a waiver on that inadmissibility, they can look at your case like they would every other applicant's.

I don't believe that to be true. If they didn't believe in the case, they could have also just denied it instead of giving the option to file a waiver.  Most waiver applicants that are approved  within a year of their last interview don't have to have another interview before being issued the visa.  the embassy gets the approval and they issue the visa based on the previous interview that they had when found inadmissible.  From what I've read, giving the option to file a waiver is like saying "I would give you a visa because I believe in the relationship but your inadmissability is in the way, file a waiver".  If that were not the case, every waiver applicant would need to be reinterviewed to then judge the merits of the case.  Generally they only have to be reinterviewed after a year because the prior paperwork is outdated and they need to ensure that a relationship is still valid after so long. 

Edited by FN&KO
.

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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  • 1 year later...
Filed: Citizen (apr) Country: Ecuador
Timeline

A recent post has been split from this thread and given the topic title "How Long to Process Visa after Waiver Approval?  [split topic]."

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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