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Pressna

Do I need to file 601 waiver when I haven't been barred - applying for CR1

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Filed: IR-1/CR-1 Visa Country: China
Timeline

This might be a silly/obvious question but I have read online (I know, not the best sources) somewhere that if you are out of status on an F1 visa without being deported and left before the expiry date of your visa you should still be fine moving forward to immigrant visa application (CR1 in my case). I wonder if that's true? I had stayed for a year but COVID played a big part in why I couldn't leave and later on I met my husband and got married immediately.

 

Second question is if I should file CR1 first or vice versa? I read the timeline of someone here they didn't file for i601 until their K1 was denied, and they received their K1 after waiver being approved. So I wonder if I should do the same. Thanks for everyone's reply in advance and thank you for ur help!

 

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Filed: AOS (apr) Country: New Zealand
Timeline
9 minutes ago, Pressna said:

This might be a silly/obvious question but I have read online (I know, not the best sources) somewhere that if you are out of status on an F1 visa without being deported and left before the expiry date of your visa you should still be fine moving forward to immigrant visa application (CR1 in my case). I wonder if that's true? I had stayed for a year but COVID played a big part in why I couldn't leave and later on I met my husband and got married immediately.

 

Second question is if I should file CR1 first or vice versa? I read the timeline of someone here they didn't file for i601 until their K1 was denied, and they received their K1 after waiver being approved. So I wonder if I should do the same. Thanks for everyone's reply in advance and thank you for ur help!

 

Your husband needs to petition you first.

 

As I understand it, you will apply for a waiver for your overstay-related bar at the immigrant visa interview.

 

How long was your overstay?

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Filed: K-1 Visa Country: Wales
Timeline

Well you are probably looking at an IR1, the requirement for a I 601 is determined by the interviewer at the time of the Immigrant Visa interview.


“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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Filed: IR-1/CR-1 Visa Country: China
Timeline
11 minutes ago, Jorgedig said:

Your husband needs to petition you first.

 

As I understand it, you will apply for a waiver for your overstay-related bar at the immigrant visa interview.

 

How long was your overstay?

Became out of status in 2021 December, wanted to leave in May, but left in January this year. I have flight confirmation showing I wanted to leave in May but that's the same month I met my husband.

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Filed: AOS (apr) Country: New Zealand
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1 minute ago, Pressna said:

Became out of status in 2021 December, wanted to leave in May, but left in January this year. I have flight confirmation showing I wanted to leave in May but that's the same month I met my husband.

"Wanting to leave" or travel itineraries for flights you did not take are not relevant.

 

So, you will have a ten year bar for a >one year overstay.  Like Boiler said, you will find out at the visa interview if you can apply for a waiver.

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Filed: IR-1/CR-1 Visa Country: China
Timeline
1 minute ago, Jorgedig said:

"Wanting to leave" or travel itineraries for flights you did not take are not relevant.

 

So, you will have a ten year bar for a >one year overstay.  Like Boiler said, you will find out at the visa interview if you can apply for a waiver.

Thank you for explaining. Are there scenarios where you won't be given a waiver? How does that usually happen?

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Filed: AOS (apr) Country: New Zealand
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28 minutes ago, Pressna said:

Thank you for explaining. Are there scenarios where you won't be given a waiver? How does that usually happen?

Actually, now I'm not sure, since you were on an F-1.  I know that the rules are somewhat different for F-1 visa holders.

 

@Boiler, do you know whether she would have a bar for that overstay?

Edited by Jorgedig

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Filed: K-1 Visa Country: Wales
Timeline
26 minutes ago, Jorgedig said:

Actually, now I'm not sure, since you were on an F-1.  I know that the rules are somewhat different for F-1 visa holders.

 

@Boiler, do you know whether she would have a bar for that overstay?

I can not be certain either way. Too little information.


“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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Filed: Citizen (pnd) Country: Argentina
Timeline
9 hours ago, Pressna said:

met my husband and got married immediately.

 

What’s the exact timeline for this?


From AOS to ROC (So far)

 

AOS😎

Filing date: 10.17.2019

Biometrics: 12.12.2019

RFE: 01.15.2020

RFE response: 01.22.2020

RFE response acknowledgment: 01.30.2020

READY TO BE SCHEDULED FOR AN INTERVIEW: 02.07.2020

INTERVIEW SCHEDULED: 02.07.2020

(hold on, this is where it gets interesting)

INTERVIEW DATE: 03.18.2020

The day before: rrrrriiiiiiing riiiiiiiing *my cell phone rings as we were loading the car to spend the night at a hotel prior to our interview. Interview cancelled because of COVID.🙄🙄😷🤒

READY TO BE SCHEDULED: 03.19.2020

RFE FROM THE FIELD OFFICE FOR US TO SEND THE EVIDENCE: Somewhere in early April.🙄

EVIDENCE SENT: 04.14.2020

CASE APPROVED: 04.29.2020.

GREEN CARD IN HAND: 05.01.2020🟩

 

ROC (so far).

PACKAGE RECEIVED AT PHOENIX LOCKBOX: 02.01.2022.

NOTIFICATION (TXT): 02.04.2022. LIN service center

BIOMETRICS: 03.28.2022 (USCIS Case tracker update Case Was Updated to Show Fingerprints Were Taken) and also email update *biometrics used from AOS*

 

N400 (So far)

Online filing and receipt date: 01.30.2023

 

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8 hours ago, Pressna said:

What more information can I provide here? 🙏

When did you arrive in the US? 
when did your visa expire?

when did you leave school/ fall out of status? 
why did you not leave in May?- flights were cancelled or you wanted to get to know your husband better?

How soon after you met your husband did you get married? 
 

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Filed: Citizen (apr) Country: Kenya
Timeline

Go online on I-94 website and tell us when it was set to expire. That will be pivotal.


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (pnd) Country: Argentina
Timeline
13 minutes ago, Timona said:

Go online on I-94 website and tell us when it was set to expire. That will be pivotal.

So is the I-20


From AOS to ROC (So far)

 

AOS😎

Filing date: 10.17.2019

Biometrics: 12.12.2019

RFE: 01.15.2020

RFE response: 01.22.2020

RFE response acknowledgment: 01.30.2020

READY TO BE SCHEDULED FOR AN INTERVIEW: 02.07.2020

INTERVIEW SCHEDULED: 02.07.2020

(hold on, this is where it gets interesting)

INTERVIEW DATE: 03.18.2020

The day before: rrrrriiiiiiing riiiiiiiing *my cell phone rings as we were loading the car to spend the night at a hotel prior to our interview. Interview cancelled because of COVID.🙄🙄😷🤒

READY TO BE SCHEDULED: 03.19.2020

RFE FROM THE FIELD OFFICE FOR US TO SEND THE EVIDENCE: Somewhere in early April.🙄

EVIDENCE SENT: 04.14.2020

CASE APPROVED: 04.29.2020.

GREEN CARD IN HAND: 05.01.2020🟩

 

ROC (so far).

PACKAGE RECEIVED AT PHOENIX LOCKBOX: 02.01.2022.

NOTIFICATION (TXT): 02.04.2022. LIN service center

BIOMETRICS: 03.28.2022 (USCIS Case tracker update Case Was Updated to Show Fingerprints Were Taken) and also email update *biometrics used from AOS*

 

N400 (So far)

Online filing and receipt date: 01.30.2023

 

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