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karlmalowned

212 Adjudication jurisdiction question

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I am confused on where exactly the I-212 is processed when you're an applicant for the K-1. I have a suspicion that it might be different if you also require the 601?

 

On the USCIS website for the form, it says you file the form after the consular has found you inadmissible, and it's mailed to the lockbox and ends up at the Nebraska Service Center.

 

In 8 CFR 212.2(c)(ii)(2) it states "The consular officer must forward the application to the designated USCIS office."

 

But in 8 CFR 1212.2(c)(ii)(2) it states "The consular officer must forward the Form I-212 to the Service office with jurisdiction over the area within which the consular officer is located."

 

Does anyone know for certain where a 212 would be adjudicated if only the 212(a)(9)(A)(I) inadmissibility applies?

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On 11/21/2018 at 9:58 PM, karlmalowned said:

I am confused on where exactly the I-212 is processed when you're an applicant for the K-1. I have a suspicion that it might be different if you also require the 601?

 

On the USCIS website for the form, it says you file the form after the consular has found you inadmissible, and it's mailed to the lockbox and ends up at the Nebraska Service Center.

 

In 8 CFR 212.2(c)(ii)(2) it states "The consular officer must forward the application to the designated USCIS office."

 

But in 8 CFR 1212.2(c)(ii)(2) it states "The consular officer must forward the Form I-212 to the Service office with jurisdiction over the area within which the consular officer is located."

 

Does anyone know for certain where a 212 would be adjudicated if only the 212(a)(9)(A)(I) inadmissibility applies?

Hello,

 

2 different ways to file depending on what waivers are needed. 

 

1. 601 & 212 together, you file after interview denial with Lock box. 

 

2. 601 alone, you file after interview denial with Lock box. 

 

2. 212 alone (we are in this group, same inadmissibility as you) you can file before your interview with the USCIS office that has jurisdiction over the area where you were expedited/deported. My husband was expedited from LAX so we will file with Los Angels USCIS office. 

 

Please keep in mind that the above filing info may be different if you are Canadian. 

 

The one question I’ve asked too many times to count on both hands is, can we file 212 before 1-130 approval? I’ve been told to wait after it is approved and I’ve been told before it’s approved. Those that say to wait until 130 approval say because when they begin to review the 212, they will see that the 130 has already been approved and it’s better chances of getting it approved. 

 

We are filing 212 once our 130 has been approved. It’s a chance I’m willing to take. 

 

Hope his helps!

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I did the K1 visa for my fiance. I sent it to Phoenix Lockbox then it was sent to Nebraska, then to National Benefits Center (Fort Lee, MO) , then my case was sent to local Seattle USCIS.  I ended recieving a NOID , resubmitted more evidences to local  Seattle on 8/13/2018 * BUT * received an Approval from National Benifits Center on 8/21/18 for his I-212.

( It specifically  says  to  send to Phoenix  for K1;  otherwise I would have sent to Seattle USCIS. It eventually got there. From start to finished/Approval it was 97 days.)

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