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10 minutes ago, kris&me said:

so according to overstay after the voluntary departure date it is 10 years according to American Immigraiton Coucil

 

https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/voluntary_departure_when_the_consequences_of_failing_to_depart_should_and_should_not_apply.pdf

 

fill out the 601 like they want

immigration controls what happens and all u can do is DO AS THEY ASK OF U

If you file the I-601 and there are no physical grounds of inadmissibility , the petition will get denied with no prior notice. 

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Filed: K-1 Visa Country: Wales
Timeline

The OP had 2 grounds for deportation but that is past.

 

!0 year ban for illegal presence.

5 year ban for deportation non waiverable.

Deported at some point in 2008 so the 10 years may be up or soon be up.

 

 

 

“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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Just now, Boiler said:

The OP had 2 grounds for deportation but that is past.

 

!0 year ban for illegal presence.

5 year ban for deportation non waiverable.

Deported at some point in 2008 so the 10 years may be up or soon be up.

 

 

 

My departure took place on February 21 2008, both bars should start accordingly from the day I left the US, 10 years for unlawful presence and 10 years for removal, they should have been ran out on Feb 22 2018.  

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One thing I wanted to add is that my DS-260 was filled on March 2014, its the same outdated one that I took the confirmation number with me to the 2018 interview, all of the questions about prior removal were answered according to 2014, I let the VO know that the DS260 is outdated and I did not wanna alter it.. they just nodded .. 

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35 minutes ago, Kye said:

But like  I said, my question is not about why the visa was not issued, it is rather regarding a  clear notice of denial , and 221g is either suspended for further AD or missing document, or could be literally refused and sent back to USCIS with recommendation to revoke the I-130 .. 

 

 

29 minutes ago, Kye said:

One thing I wanted to add is that my DS-260 was filled on March 2014, its the same outdated one that I took the confirmation number with me to the 2018 interview, all of the questions about prior removal were answered according to 2014, I let the VO know that the DS260 is outdated and I did not wanna alter it.. they just nodded .. 

So what exactly are you trying to do here? Your visa was rightfully denied because you had a 10 year ban off of your overstay. So instead of trying to game the system with legalise just refile the IR1 petition if you are still married to a USC. Anything other than that and you are wasting your time. 

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Just now, Cyberfx1024 said:

 

So what exactly are you trying to do here? Your visa was rightfully denied because you had a 10 year ban off of your overstay. So instead of trying to game the system with legalise just refile the IR1 petition if you are still married to a USC. Anything other than that and you are wasting your time. 

what are you talking about "refile the IR1" ?? and game the system ? was what I wrote in Chinese or tagalog ?

 

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7 minutes ago, Kye said:

what are you talking about "refile the IR1" ?? and game the system ? was what I wrote in Chinese or tagalog ?

 

So your spouse filed for a visa for you in 2009, a year after you were removed,? So this is another interview based off of the petition that was filed back then? Sorry I am trying to get a clear picture here.

Your ban should have been up earlier this year and this is when your spouse should have refiled for you when that ban was up. The IR1 is the visa that spouses file for SO that have been married for longer than 2 years. 

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Filed: K-1 Visa Country: Wales
Timeline

I think the original petition has be kept alive awaiting the ban to finish.

“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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1 minute ago, Cyberfx1024 said:

So your spouse filed for a visa for you in 2009, a year after you were removed,? So this is another interview based off of the petition that was filed back then? Sorry I am trying to get a clear picture here.

Your ban should have been up earlier this year and this is when your spouse should have refiled for you when that ban was up. The IR1 is the visa that spouses file for SO that have been married for longer than 2 years. 

no worries 

yes, I-130 filed around June 2009, adjudicated and approved  around 2011 

my initial consular interview was on July 2014, I did not have a translated document so I couldn't be interviewed, they told me when you get that document contact us and we will reschedule your interview.

I moved to the UAE, I requested a transfer from my home country post to Abu Dhabi, it took around 7 months, CEAC was showing a "Transfer in Progress"

then Abu Dhabi post emailed me that my IV petition has been canceled under 203g (??) because I did not respond to them ...

I tried emailing my home country post for another interview, after several attempts they agreed, they scheduled another interview in July 2018, and you know the rest. 

I  hope it's clearER

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1 hour ago, Kye said:

no worries 

yes, I-130 filed around June 2009, adjudicated and approved  around 2011 

my initial consular interview was on July 2014, I did not have a translated document so I couldn't be interviewed, they told me when you get that document contact us and we will reschedule your interview.

I moved to the UAE, I requested a transfer from my home country post to Abu Dhabi, it took around 7 months, CEAC was showing a "Transfer in Progress"

then Abu Dhabi post emailed me that my IV petition has been canceled under 203g (??) because I did not respond to them ...

I tried emailing my home country post for another interview, after several attempts they agreed, they scheduled another interview in July 2018, and you know the rest. 

I  hope it's clearER



It looks like your IV petition was canceled under 203g due to not sending the requested information in time. What was the time frame from the initial review in 2014 and you getting the notice that it had been canceled? I'm assuming you didn't immediately move after the interview and request a transfer.

Who is subject to 203g(3)  Unavailability of Documentation or Information to Overcome INA 221(g) Refusal:  Applications refused under INA 221(g) for reasons other than administrative processing are subject to termination under 203(g), but an applicant who makes a credible assertion that documentation or information is not available within one year of the INA 221(g) refusal would not be subject to INA 203(g) provisions.
 

a. Consular managers should periodically use the various reporting features available in the automated immigrant visa processing system to monitor the status of pending immigrant visa (IV) cases, including those considered inactive and undergoing termination processing, and long-pending INA 221(g) refusal cases.

b. The termination process should be initiated if the applicant has not applied or responded to follow-up mailings by post or the National Visa Center (NVC) within one year after receiving notification of the availability of a visa (i.e., after receiving Packet 4 or Packet 4(a)).  (See 9 FAM 504.4-5(C)(1).)  Cases should also be terminated if the applicant fails to present evidence purporting to overcome the basis of an INA 221(g) refusal within one year.  Consular officers should refer to 9 FAM 504.13-2(B)(1) in this subchapter regarding termination of registration.




Honestly your case looks like a mess, this doesn't seem very DIY. Moving cases around on a regular basis can cause massive issues without any other problems, but your case had issues on day one and then was tossed around. I'm surprised that you were able to get Abu Dhabi to just... schedule you 4 years after your last interview, after your were denied due to most likely not providing what they asked of you.


It sounds like no one had their ducks in a row.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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I believe the consular section in Tunis should have let me do the interview on July 2014  then issue a 221g for missing translated document, that was their flaw..

Abu Dhabi agreed to the transfer but after 7 months sent me an email stating that my IV petition is expiring soon under 203g

US embassy in Tunis was nice enough to reschedule the interview after 4 years .. but still their decision is blurry, no actual notice of denial issued, they verbally advised to pursue a waiver ..

Edited by Kye
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28 minutes ago, Kye said:

I believe the consular section in Tunis should have let me do the interview on July 2014  then issue a 221g for missing translated document, that was their flaw..

Abu Dhabi agreed to the transfer but after 7 months sent me an email stating that my IV petition is expiring soon under 203g

US embassy in Tunis was nice enough to reschedule the interview after 4 years .. but still their decision is blurry, no actual notice of denial issued, they verbally advised to pursue a waiver ..



It makes me wonder if they're trying to wash their hands of your case.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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I am not on this on a "DIY", I have a lawyer but the embassy is insisting on not giving clarifications , my concern is why wont they just issue a 212a denial sheet like, tell me what sections of INA I fall under. 

and check mark if I qualify to file a waiver like they told me verbally . 

I can have my spouse file the waiver,  if there is no proper denial sheet attached, or no true grounds of inadmissibility, USCIS simply denies the petition without clarification either. 

 

...

 

 

 

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Filed: Timeline

If you have an attny that you are paying for you should be asking them to do something- thats why you are paying them.

You may want to get your congressperson involved or the Ombudsman. Not sure if they will help if you have an attny though or if your attny has to sign a release as well for them to help. 

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