Please I eed some help regarding the waiver process!

[KevFabi 0]

I need some help about the waiver process, my entry was denied in April/2007

I was in the US on B1/B2 visa and I've overstayed the last time more then a year.

We got married on February/2007 and before we file for the I-130 we had to leave US back to my country Brazil.

Me and my husband we try to go back to the US April/2007 but they only let him in separating us on nyc airport border, they told us that I must to go back to Brazil so we can start our paper work from there.

My husband is in USA and he filed for the I-130 and soon he will file for the I-129F(spouse).

On my passport, I was stamped on the top of the visa (cancelled) with the annotation 222g and .212(a)(7)(A)(i)(I).

I paid for my own plane ticket and returned to Brazil the same day. The officers told me I'll not be ban for the 3 or 10 years.

On the paper that I have copy says : " I was inadmissible under section 212(a)(7)(A)(i)(I) and voluntarily withdraw my application and return to my country in lieu of a formal determination of her admissibility by CBP under section 235 (B) (1)..."

As we wait for our interview in Brazil, for our I-130 or I-129F (K-3) sometime in the next couple of months, my questions are:

- Does I need a to file for 601 waiver now? and how long this may take?

- My husband has some serious health problems, and he's going for special treatments right now, I was wondering about what else should I do before the interview to don't make any delays anymore.

- If we need the waiver can we start the waiver now?

I really appreciate if anybody is willing to help me out with any information. Thanx

[kitkat1 5]

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or

whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act,

is excludable.

Basically it means that you tried to enter on a B2 when you were married to a USC and that the B2 is the incorrect kind of visa. But the wording is a bit unclear and it's hard to know if that means just excludable for entry or ineligible for a visa without a waiver.

I would consult with an attorney experienced with denial of entry and waivers like Laurel Scott or Heather Poole (google them) and try to find out in advance if you will need a waiver. If you do need one, your husband can start working on the hardship letter and evidence now, but you cannot submit it until the visa is denied at the interview. Then you have to wait until it is adjudicated and a decision is made, which can take 6-12 months.

[Boiler 43,462]

She did not have a B2, it was voided by the overstay.

But they had a variety of choices for refusing entry:

- No visa

- Immigrant intent

- Prior overstay

Sounds like a soft refusal. But there will be a ban for the prior overstay.

Edited June 1, 2007 by Boiler

[kitkat1 5]

She did not have a B2, it was voided by the overstay.

But she was attempting to enter on a B2 (after the overstay while married to a USC) right?

Sounds like a soft refusal. But there will be a ban for the prior overstay.

Right - I hadn't even thought about that. So a 601 will definitely be needed, regardless of what happened at that instance at the POE.

[Boiler 43,462]

She did not have a B2, it was voided by the overstay.

But she was attempting to enter on a B2 (after the overstay while married to a USC) right?

Sounds like a soft refusal. But there will be a ban for the prior overstay.

Right - I hadn't even thought about that. So a 601 will definitely be needed, regardless of what happened at that instance at the POE.

She was trying to use a visa she did not have.

But does not really matter, they could have been harder on her, might not have seemed that way at the time.

[lavander 0]

I need some help about the waiver process, my entry was denied in April/2007

I was in the US on B1/B2 visa and I've overstayed the last time more then a year.

We got married on February/2007 and before we file for the I-130 we had to leave US back to my country Brazil.

Me and my husband we try to go back to the US April/2007 but they only let him in separating us on nyc airport border, they told us that I must to go back to Brazil so we can start our paper work from there.

My husband is in USA and he filed for the I-130 and soon he will file for the I-129F(spouse).

On my passport, I was stamped on the top of the visa (cancelled) with the annotation 222g and .212(a)(7)(A)(i)(I).

I paid for my own plane ticket and returned to Brazil the same day. The officers told me I'll not be ban for the 3 or 10 years.

On the paper that I have copy says : " I was inadmissible under section 212(a)(7)(A)(i)(I) and voluntarily withdraw my application and return to my country in lieu of a formal determination of her admissibility by CBP under section 235 (B) (1)..."

As we wait for our interview in Brazil, for our I-130 or I-129F (K-3) sometime in the next couple of months, my questions are:

- Does I need a to file for 601 waiver now? and how long this may take?

- My husband has some serious health problems, and he's going for special treatments right now, I was wondering about what else should I do before the interview to don't make any delays anymore.

- If we need the waiver can we start the waiver now?

I really appreciate if anybody is willing to help me out with any information. Thanx

[lavander 0]

I need some help about the waiver process, my entry was denied in April/2007

I was in the US on B1/B2 visa and I've overstayed the last time more then a year.

We got married on February/2007 and before we file for the I-130 we had to leave US back to my country Brazil.

Me and my husband we try to go back to the US April/2007 but they only let him in separating us on nyc airport border, they told us that I must to go back to Brazil so we can start our paper work from there.

My husband is in USA and he filed for the I-130 and soon he will file for the I-129F(spouse).

On my passport, I was stamped on the top of the visa (cancelled) with the annotation 222g and .212(a)(7)(A)(i)(I).

I paid for my own plane ticket and returned to Brazil the same day. The officers told me I'll not be ban for the 3 or 10 years.

On the paper that I have copy says : " I was inadmissible under section 212(a)(7)(A)(i)(I) and voluntarily withdraw my application and return to my country in lieu of a formal determination of her admissibility by CBP under section 235 (B) (1)..."

As we wait for our interview in Brazil, for our I-130 or I-129F (K-3) sometime in the next couple of months, my questions are:

- Does I need a to file for 601 waiver now? and how long this may take?

- My husband has some serious health problems, and he's going for special treatments right now, I was wondering about what else should I do before the interview to don't make any delays anymore.

- If we need the waiver can we start the waiver now?

I really appreciate if anybody is willing to help me out with any information. Thanx

Hi i know what u've been through. I had the same case but i didnot overstay.My passport was stamped with the same violation ( u can check on my posts).withdrew my application for admission and flew back home using my return tiket.with regards to ur question if u would need a waiver as of this moment we wouldn't know unless u get done with ur interview the Consular officer would tell u based on the outcome of the interview. But i could only advice based on my experience I just had my interview last week i was worried sick but God's will i got approved now i'm just waiting for my visa delivery. All i can say is just be truthful and honest on your interview and i'm sure everything will work out just fine. Just as the consular officer told me they favor love as long as your honest and truthful with all ur declaration in all the forms u filled up.Just in case u would need a good lawyer for waivers i would suggest u check on Gurfrinkel.Just keep on prayin because He only knows whats good for us.

[KevFabi 0]

Hello Lavander, Congrats on ur appoval...We know how is the felling of waiting to be woth ur love.

Btw thanks for ur advise...It's been so horrible the last few months, I'm really afraid and also preparing the waiver just in case if they ask. But I like to ask if u can tell me how was the interview regarding this matter...? They ask u why u lie or something? how is the interview...I did ask few member but they never told me how it is. I'm really nervous and I wanna be prepare for everything. I really appreciate ur attention. Thanks and good lucky on ur return.

I need some help about the waiver process, my entry was denied in April/2007

I was in the US on B1/B2 visa and I've overstayed the last time more then a year.

We got married on February/2007 and before we file for the I-130 we had to leave US back to my country Brazil.

Me and my husband we try to go back to the US April/2007 but they only let him in separating us on nyc airport border, they told us that I must to go back to Brazil so we can start our paper work from there.

My husband is in USA and he filed for the I-130 and soon he will file for the I-129F(spouse).

On my passport, I was stamped on the top of the visa (cancelled) with the annotation 222g and .212(a)(7)(A)(i)(I).

I paid for my own plane ticket and returned to Brazil the same day. The officers told me I'll not be ban for the 3 or 10 years.

On the paper that I have copy says : " I was inadmissible under section 212(a)(7)(A)(i)(I) and voluntarily withdraw my application and return to my country in lieu of a formal determination of her admissibility by CBP under section 235 (B) (1)..."

As we wait for our interview in Brazil, for our I-130 or I-129F (K-3) sometime in the next couple of months, my questions are:

- Does I need a to file for 601 waiver now? and how long this may take?

- My husband has some serious health problems, and he's going for special treatments right now, I was wondering about what else should I do before the interview to don't make any delays anymore.

- If we need the waiver can we start the waiver now?

I really appreciate if anybody is willing to help me out with any information. Thanx

Hi i know what u've been through. I had the same case but i didnot overstay.My passport was stamped with the same violation ( u can check on my posts).withdrew my application for admission and flew back home using my return tiket.with regards to ur question if u would need a waiver as of this moment we wouldn't know unless u get done with ur interview the Consular officer would tell u based on the outcome of the interview. But i could only advice based on my experience I just had my interview last week i was worried sick but God's will i got approved now i'm just waiting for my visa delivery. All i can say is just be truthful and honest on your interview and i'm sure everything will work out just fine. Just as the consular officer told me they favor love as long as your honest and truthful with all ur declaration in all the forms u filled up.Just in case u would need a good lawyer for waivers i would suggest u check on Gurfrinkel.Just keep on prayin because He only knows whats good for us.

[lavander 0]

I need some help about the waiver process, my entry was denied in April/2007

I was in the US on B1/B2 visa and I've overstayed the last time more then a year.

We got married on February/2007 and before we file for the I-130 we had to leave US back to my country Brazil.

Me and my husband we try to go back to the US April/2007 but they only let him in separating us on nyc airport border, they told us that I must to go back to Brazil so we can start our paper work from there.

My husband is in USA and he filed for the I-130 and soon he will file for the I-129F(spouse).

On my passport, I was stamped on the top of the visa (cancelled) with the annotation 222g and .212(a)(7)(A)(i)(I).

I paid for my own plane ticket and returned to Brazil the same day. The officers told me I'll not be ban for the 3 or 10 years.

On the paper that I have copy says : " I was inadmissible under section 212(a)(7)(A)(i)(I) and voluntarily withdraw my application and return to my country in lieu of a formal determination of her admissibility by CBP under section 235 (B) (1)..."

As we wait for our interview in Brazil, for our I-130 or I-129F (K-3) sometime in the next couple of months, my questions are:

- Does I need a to file for 601 waiver now? and how long this may take?

- My husband has some serious health problems, and he's going for special treatments right now, I was wondering about what else should I do before the interview to don't make any delays anymore.

- If we need the waiver can we start the waiver now?

I really appreciate if anybody is willing to help me out with any information. Thanx

Hi i know what u've been through. I had the same case but i didnot overstay.My passport was stamped with the same violation ( u can check on my posts).withdrew my application for admission and flew back home using my return tiket.with regards to ur question if u would need a waiver as of this moment we wouldn't know unless u get done with ur interview the Consular officer would tell u based on the outcome of the interview. But i could only advice based on my experience I just had my interview last week i was worried sick but God's will i got approved now i'm just waiting for my visa delivery. All i can say is just be truthful and honest on your interview and i'm sure everything will work out just fine. Just as the consular officer told me they favor love as long as your honest and truthful with all ur declaration in all the forms u filled up.Just in case u would need a good lawyer for waivers i would suggest u check on Gurfrinkel.Just keep on prayin because He only knows whats good for us.

Hi there,

I'm not sure how te interview goes in ur country but here in the Phil. first u get to talk to a filipino who will screen all ur documents, passports ds forms etc... When i was asked when was my last visit to US i told them when then i informed them that my visa got cancelled and handed out the paperwork i got and let her read it. This was included with all the documents that will be given to the Consular Officer. When i got to the actual interview w/ the CO that paperwork was already on top of all my documents the CO was holding. He asked me the name of my fiance and how we met, when was my last visit etc i told the officer i went there last year that was when my visa got cancelled. Then he proceded on reading the paperwork of my denied entry and he simply asked why i lied? I told him the truth that i got nervous and panicked when i was brought to secondary etc. I was very fortunate bec. the CO who was assigned to me was very understanding, i guessed he must have sensed that i was telling the truth and i'm very much willing to admit everything and truly regret my mistake coz i was on the verge of crying coz i was really scared that he's gonna deny me. Anyway i was so relieved, when he said as long as I answered all my docs truthfully and learned my lesson from my mistake he's not gonna prolong my agony and grant me my visa. He didn't asked me much about abt. the relationship coz he said it's pretty obvious that it was genuine based on the traumatic experience i had on that previous trip. If in case u mite need a waiver i suggest u get experience lawyer to do that for u. I suggest Gurfinkel coz he's really good. Hope i was able to help u. good luck on ur interview.don't forget to ask Him for help and guidance coz i know that without Him wouldn't have gotten my visa.

lavander

[allousa 1]

Hey KevFabi, I really feel for you. My husband and I have been apart for 3 1/2 years now. I can only get 2 weeks off each summer to go visit him.

I definitely second that whenever you have your interviews, be truthful about your intentions. They seem to always ask for dates when you met each other and how you met. My husband has had a couple of interviews. The Moroccan Consulate is VERY tough. He has taken pictures of both of our families together, pictures of our son and even emails that we've sent to each other. We have also provided affidavits from my family and his that support our reasons for being together. You just have to show that you really have a life together and what a hardship it would be if you could not be reunited with him. If he has medical issues, that is a strong Level 1/2 case for you, I think.

Just hang in there.

We just had our interview for the I-601 waiver and it's on it's way to Rome to have the final decision made.

Good Luck!

[reynatejana 0]

We just had our interview for the I-601 waiver and it's on it's way to Rome to have the final decision made.

What do you mean you had an interview......... Has you I-601 been approved? Maybe things are different over here.

[allousa 1]

We just had our interview for the I-601 waiver and it's on it's way to Rome to have the final decision made.

What do you mean you had an interview......... Has you I-601 been approved? Maybe things are different over here.

The Moroccan Consulate does the interview for the I-601 and the I-301. They can suggest to approve or deny, but the final decision will be made at the Dept. of Homeland Security in Rome. Then the file is sent back to the Moroccan Consulate for final processing. I'm still scratching my head at why the file has to go so many places. Too many chances for things to get lost. You know? It also boggles my mind at how one person has the power to change your life. One stroke of the pen and you can be happy or crushed. I wouldn't want a job like that.

[allousa 1]

My husband felt like the interview went as well as it could have. He's been there a couple of times and each time he got this officer that was really nasty. From what I read from other people dealing with the Moroccan Consulate, she has quite the reputation for being mean. However, she was very nice to my husband and even commented on how cute our son was (she saw pictures). But she did not tell my husband what their decision was. She just told him it had to go on to Rome and it could take anywhere from 4 weeks to 6 months. Hows that for vague!!!!