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Imohotep421

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Posts posted by Imohotep421

  1. We are in a similar situation.. You are looking at filing an I-601 waver after the denial of of IR1/CR1 VISA. They are processing these forms in Arizona now and they are taking about 4 months. USC must prove hardship.

    FYI:

    I think this sucks because illegals in the US who are married to a USC/LPR can stay in the US and file an I-601A then return to thier home country for the interview so their will not be a major disruption in family unity. If you are outside the US there are no new measures for family unity thus having to file I-601

    Imohotep421

  2. Hello All....Mew to this site....

    First, me and my wife have been fortunate that our documents have gone through the system very fast. For example our I-130 was accepted and processed in two weeks. Anyway, we have had delays on our part with translations from Portuguese to English. Those issues where resolved this past week and DS-230 packet will be submitted this week.

    My question involves my wifes overstay. She overstayed her B-2 VISA and is subject to the 10-year bar, I think. You see I spoke with a person at Customs and Boarder Patrols Admissability department in WAshington DC and she stated that if my wife has not attempted to re-enter then she was not subject to the bar. However, the information I have gathered seems to contridict this by say that the individual is subject to the bar upon leaving the United States. This is some what confusing. However I do acknowledge that she did overstay for 1 year and 20 days due to mis-information and my employment (our fault).

    Ok, to the question, I have filled out the DS-230 honestly by answering yes to question 40 H and giving exact entry and departure dates. SO are we looking at the VISA not being approved? Does anyone have any information on this issue if you are up front on all information? Also if not approved I have been preparing the I-601, is there any new information out there regarding the I-601 process? I know that they added the I-601A for people who are still in the US.

    FYI:

    Married for 5 years

    Wife entered with inspection

    Overstayed

    Returned when I realized the overstay ( I work for DoD as a civilian with security clearance.....JAG officer gave me information based on active duty military....still my fault)

    Wife has been back in Brasil for two years...she has stayed to help her mom out due to her dads death

    I have been traveling back and fourth

    We have a child together...he is registered (FS-240) with the consulate and is both American and Brazilian

    Currently in Brasil for interview when scheduled...on 3 month leave

    Thanks in advance for any and all assistance.

    Imohotep421

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