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jbrillantes813

Should I contnue with submitting documents to NVC

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 Earlier this year ,I received a notice that my i-130 petition for my wife was approved. I am currently at the step of submitting the supporting and financial documents to the NVC.

 

The last time my wife was in the US she overstayed her visa and left voluntarily. She tried to re-enter a few years later (not knowing her visa status) and was denied entry and was barred for five years. It is coming up on four years now so she is still under that restriction. I am trying to get the exact dates and information but I just wanted to get the question out there. My question is, will she be denied a visa at the interview? Is it possible to get approved for a visa even with this penalty? I thought I researched prior that it would be ok but now I am unsure.

 

If you need any more information or clarification, please reply and I will try to obtain any information to get the best possible answer. 

 

All comments and feedback are appreciated. Thank you.

 

 

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I believe this is what you need. You can file for a 601 waiver.  https://www.uscis.gov/i-601

  • In the meantime you can submit the I-130 documents.
  • You need to have the 601 interview before the Department of State visa interview.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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1 hour ago, Paul & Mary said:

I believe this is what you need. You can file for a 601 waiver.  https://www.uscis.gov/i-601

  • In the meantime you can submit the I-130 documents.
  • You need to have the 601 interview before the Department of State visa interview.

Thanks, for the feedback. 

 

I have submittted the i-130 and it was approved. Do you mean submit the supporting documents to the NVC?

 

 I found her documents so she received 5 year ban for staying over 9 months and 28 days. This was in 2014.

 

The instructions for the i601 say to use this if she is found inadmissible during the interview. Also, it applies to the 3 and 10 year ban. Does not mention 5 year..more confusion.

 

 

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23 minutes ago, jbrillantes813 said:

I found her documents so she received 5 year ban for staying over 9 months and 28 days. This was in 2014.

 

Do you have the citation that part of her refusal of entry?  That would help to determine what the options are. 

 

There is also Permission to Reapply.

https://www.uscis.gov/sites/default/files/files/form/i-212instr.pdf

 

I guess worst case is to send in the NVC documents then see what refusal is giver at the interview.  


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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Here is a link here on VJ.   

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

Share this post


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