Visa IR1 denied on interview requesting i-601 waiver

[Himenov 2]

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?

[Rocio0010 5,579]

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?

[Himenov 2]

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

[Rocio0010 5,579]

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?

[more00 17]

What further information do then need 

[Himenov 2]

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

[more00 17]

4 minutes ago, Himenov said:

I tried to upload the image but it failed

Please try again 

[Rocio0010 5,579]

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.

[Himenov 2]

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

[Redro 4,611]

13 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

How long did you overstay in the US? You interviewed outside the US correct?

When you left were you given a ban of 3 years or 10 years? 

Generally overstays are forgiven if you stay inside the US... but if you leave the country the ban is put in place and you have to file a waiver to overcome the ban... 

 

[Dashinka 24,598]

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 February 24, 2022 by Dashinka

[Crazy Cat 41,981]

1 hour 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?

Not in this case.  The OP left the US.....You would be correct if this was an adjustment of status case.   The OP has a 10 year ban which must be waived or served.  

Edited February 24, 2022 by Crazy Cat

[Rocio0010 5,579]

13 minutes ago, Crazy Cat said:

Not in this case.  The OP left the US.....You would be correct if this was an adjustment of status case.   The OP has a 10 year ban which must be waived or served.  

Repeat with me: I need to stop using VJ before my morning coffee. I was just thinking about it now.

[Mike E 11,741]

14 minutes ago, Crazy Cat said:

Not in this case.  The OP left the US.....You would be correct if this was an adjustment of status case.   The OP has a 10 year ban which must be waived or served.  

Indeed.  The lawyers that told OP to leave the USA are certifiably incompetent.  I  wonder if there is a possibility of a waiver based on ineffective counsel.  Those attorneys should be reported to their state bar.  

[Crazy Cat 41,981]

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 February 24, 2022 by Crazy Cat