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Himenov

Visa IR1 denied on interview requesting i-601 waiver

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Hello,

For a few reasons, I overstayed my student visa on 2013, then come back to my home country on 2018. During that time I married with a US citizen and we have 2 kids who born there as well. I asked several lawyer and they advice me to go back to my country and apply for immigrant visa in US embassy in my country, and I don't need to apply for any waiver. I had 2 years residency on my student visa that's why I was a bit worry but I decided to left the US because my mother was sick, and bring my kids with me.

I spent my 2 years residency then applied my IR1 here and I just got my interview then the consular told me that my visa got rejected and need a follow up for i-601 waiver.

I am so devastated right now, we've been separated with my husband for over 3 years and wanted to come back.

How long is the process for i-601 and what should I do next? Anybody has similar issues with mine?

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Filed: Citizen (apr) Country: Argentina
Timeline

I feel like you're missing details. Visa overstays are forgiven for spouses of USC. Did they give you a letter with the denial? What are the reasons for the denial?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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2 minutes ago, Rocio0010 said:

I feel like you're missing details. Visa overstays are forgiven for spouses of USC. Did they give you a letter with the denial? What are the reasons for the denial?

They said I overstayed for 5 years, so they refused my visa.

Yes they gave me form 221g about requesting further information and required to submit a waiver i-601

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Filed: Citizen (apr) Country: Argentina
Timeline
1 minute ago, Himenov said:

They said I overstayed for 5 years, so they refused my visa.

Yes they gave me form 221g about requesting further information and required to submit a waiver i-601

The wording might not be clear. "refused" is not the same as denied.

Can you please post the letter you got, blurring personal information?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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11 minutes ago, Rocio0010 said:

The wording might not be clear. "refused" is not the same as denied.

Can you please post the letter you got, blurring personal information?

I tried to upload the image but it failed

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Filed: Citizen (apr) Country: Argentina
Timeline
5 minutes ago, Himenov said:

I tried to upload the image but it failed

Re type the letter word by word. I feel like there's a misunderstanding. They shouldn't deny your case based on your overstay.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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6 minutes ago, Rocio0010 said:

Re type the letter word by word. I feel like there's a misunderstanding. They shouldn't deny your case based on your overstay.

It said that they request for further information, your immigrant visa application has been refused under section 221g of immigration and nationality act. Another interview is not required, your application will be revisited only after we receive the following information from you.

 

The first one that they gave me at interview box was the form which  they cross the waiver i-601 check box option,

 

then a few hours later they sent me an email saying that I should drop off my expired passport that has the expired visa in it along with the attached form. I download the form and it's the same form like what they gave me during interview but no checkbox options got crossed.

 

Also they didn't give back my current passport, only my marriage and birth certificate.

 

I'm so confused. I don't know if my explanation is clear enough

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Filed: Citizen (apr) Country: Russia
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31 minutes ago, Himenov said:

It said that they request for further information, your immigrant visa application has been refused under section 221g of immigration and nationality act. Another interview is not required, your application will be revisited only after we receive the following information from you.

 

The first one that they gave me at interview box was the form which  they cross the waiver i-601 check box option,

 

then a few hours later they sent me an email saying that I should drop off my expired passport that has the expired visa in it along with the attached form. I download the form and it's the same form like what they gave me during interview but no checkbox options got crossed.

 

Also they didn't give back my current passport, only my marriage and birth certificate.

 

I'm so confused. I don't know if my explanation is clear enough

The consulate is telling you an I601 waiver request is required, so your visa application will stay in limbo until you submit that.  Generally people use an attorney to file the I601, but that is not required, there are folks that have done this themselves.  I would not use the attorneys that told you an I601 would not be required. 

 

Submit the waiver request, and you most likely will get your visa.  Btw, the term "refused" does not mean "rejected", it only means the application is on hold until you respond to the requested information on the form.

 

Good Luck!   

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Taiwan
Timeline
5 hours ago, Himenov said:

I asked several lawyer and they advice me to go back to my country and apply for immigrant visa in US embassy in my country, and I don't need to apply for any waiver.

They should have told you about other options if available.  Now, you definitely need a waiver.  The last I-601 waiver I remember seeing took about a year to process.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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