sherafour

Thanks Everyone!

About how long would this type of waiver take? It has been 5 years living in different countries and we are so anxious to finally be together.

Hi Everyone,

I have quite an odd situation and I am looking for reassurance and a further explanation of how to show that my husband did not stay here unlawfully for over a year. Here is the background:

My husband immigrated here as a minor on a B2 Visa. His visa expired and he did not go back to his country, he stayed in the US, he was still a minor and his mother was handling his paperwork from what he understood. However, his mom actually never filed anything to extend his visa when the expiration was approaching. He was in school in the US through the age of 19, while his visa was expired.

In 2010, at the age of 18, his mother filed paperwork to renew his visa and 4 months after turning 19, he returned to his country, Belize, for an interview there. Of course he got stuck there and has not been able to return since.

When I was preparing to file the I-130, I spoke with a few lawyers who advised me that the I-601 waiver would be needed. I originally worked with a lawyer who assisted me in filing but she is no longer my lawyer due to a firm change. Although I sought out advice from a few lawyers I am questioning if they all missed what I found at the link below:

http://www.visapro.com/Immigration-Articles/?a=1484&z=46

"A foreign national with pending request for extension of stay or change of status, and who departs the U.S. while the request is pending, does not accrue unlawful presence, so long as the request was timely and non-frivolous, and the individual did not violate their status in any other way."

So basically paperwork was filed (later denied) for him to renew his visa, while he was still in the US. Does this qualify his overstay from the time filed as him not accruing unlawful presence? If so he would only qualify for the 3 year ban instead of the 10 year ban (since it kicks in at age 19) and we will not need to go through the waiver process?

Also, if my assumption above is correct, how do I point this out to the NVC or USCIS? I am quite far in my process and am simply waiting for NVC to approve/review my DS260 and Supporting Documents. Any advice on how to handle this would be greatly appreciated. Thank you!

Unfortunately I do not have a cosponsor. I would wait but my own startup company is getting ready to launch and I need the time to dedicate to this. Also, since I have to go through the waiver process, I expect the remainder of my visa process to be longer than a couple of months, it may drag on for a year.

Hey Everyone,

I am working on completing my DS-260 and my I-601A Waiver for NVC. I expect to have everything submitting in the next two weeks. I am in a bit of a weird spot currently where I have been with my current company for nearly six years and am looking to quit in the next month and focus on starting my own Company which I have been working on launching for about two years now. As a backup for income I have tutoring which I have been doing for a solid 5 years on the side.

I am wondering if quitting my current job would compromise my applications. I am very unhappy where I am and know I could easily make enough money tutoring if my new company takes longer than expected to start returning a profit.

What do you guys think?

Hi Everyone,

I received my Case Number from NVC yesterday along with my IV and AOS invoices. Is that normal? To receive the invoices together?

Thank you! Hopefully I'll hear something soon!

Lately people have been getting case number in 1 week. Thats what happened with mine also, I think they are trying to cleanup a little before it starts getting busy again

Hey Everyone,

I have a few questions. My NOA2 date is March 16th, 2015 and USCIS shows my case was sent to NVC on March 26th, 2015. I never received an email notification of my NOA2 but I did receive the paper copy.

Does anyone know why I wouldn't have received the email copy? Also, when the DS261 is sent will I be emailed or my husband (the beneficiary)? I haven't received anything to date and am a bit worried based on some other timelines I'm seeing.

Hello Everyone,

I found out this morning that my paperwork was approved last week! I almost started crying! I can't wait to receive the paperwork for the next steps and hopefully get my husband here before the year ends!

Hello Everyone,

I haven't received my NOA2 for my case yet so I put an inquiry in last week. Today I received the following in email from USCIS:

"The status of this service request is:

We have placed this case on a processing hold because there are required security checks that remain pending on it. Until we receive the results of these security checks, we cannot move forward on your case. We require the results of security checks before we make a decision on any pending case.

We cannot predict when we will receive the results of these security checks. Please be assured that we will make every effort to make a decision in your case as soon as the security checks are complete.

We hope this information is helpful to you."

Does anyone know what security checks they are referring too? If so, then any idea on how long we are going to have to wait?

What waiver process? for NVC?

I'm not sure. I believe it's NVC. Every lawyer I spoke with advised me that once I get NOA2 and after the interview I will likely have to get denied and go through the waiver process since my husband overstayed his visa years ago.

Hey everyone,

I'm still waiting too! This is just terrible! I put in an inquiry last week and they said I should here back regarding my inquiry by March 12. This is the most frustrating and difficult test of a relationship. Plus know that I 99% will have to go through another 6months of the waiver process I feel like there is no hope in site.

Hi Everyone,

I am feeling your pain in this terrible waiting process. Had a bit of a breakdown this morning after calling USCIS and hearing that they were still on July 16th, 2014. That is the exact date the gave me when I called two weeks ago. This track is so difficult and I most likely will have my case denied and have to still go through the dreaded Waiver Process due to my husband overstaying just over a year from 18 to 19 years of age. I feel like luck is just not on our side.

Hello, I am currently waiting on my NOA2 for my husband on the I-130 form. He came here on a visa as a child and overstayed for years while he was a minor, of course not understanding the situation. He ended up leaving the U.S. at around the 1 year 4 month mark after turning 18, not deported, but he thought he was doing the right thing. I understand that due to him overstaying longer than a year after he became an adult he should have a 10 year ban. He left the U.S. in August 2010 so he's been out of the U.S. for over 4 years....longer the 3 year ban on an overstay of 1 year but still would have about 5 1/5 years to wait on the 10 year ban, hence the Waiver should technically be required.

I spoke with my lawyer who has experienced the Waiver actually not being required, in somewhat similar situations due to someone having paid their "due diligence" of being outside the U.S. I know it's obviously not a guaranteed occurrence but what are the chances that we will simply get approved at interview and do not have to complete the Waiver? Has anyone else experienced this or know anyone who has?

Hi Everyone,

I received my NOA1 for my I-130 Petition for my Husband on July 31, 2014. I live in California but our case was sent to the Nebraska Service Center which, just my luck, looks like the slowest of them all. It looks like they are THREE months behind California in their processing times. Is there anyway to get our case transferred to California? If not, what are the circumstances that cases generally do get transferred over? I'm just wondering. Thanks!

Give it another few days. I sent mine on January 14 and didn't get my NOA1 for another 12 days. Also, the text/email service is in beta.... so there's a possibility that it might not be 100%. You should get a letter in the mail though. You'll know that your NOA1 is on the way when your check clears the bank.... They took my money before they let me know that they got my packet.

I got my paper mailed NOA1 about 3 weeks after I sent in my packet. Sometimes the post office sucks. Good luck! Also, if you messed up on something in your packet, it could be on its way back to you.

Ya I'm at day 11 today since I sent it. Crossing fingers its not headed back to me and they are just being slow with my notice. Thanks for the info...I need to just get my mind off this for the next few days...I'm sure it will come once I stop thinking about it!

Understood that it can take up to 30 days. My concern is more due to seeing so many others who sent theirs even a week after me already having received their noa1. Did mine possibly get misplaced?

Yes I put in the e-notification for email and text. I triple checked my copies and everything from address it was sent to and my information on the notification was correct. I know it is a bit early to worry but I am.

Hi I sent my K-1 Visa Application in on 4/19, I received confirmation that it arrived on 4/21. I am yet to receive my NOA1 and it is now 4/29. I know it's still a bit early but tracking the Immigration Timelines and seeing so many who sent their packages after me and have received their NOA1 before me is driving me crazy! I'm so anxious to get the ball rolling! When do you think it is appropriate to really start worrying and give USCIS a call?

So lucky! I sent mine on Saturday as well and it was received Monday too but still haven't heard anything! I'm hoping this process isn't too long since everything looks like it's processing quite quickly right now! Good luck!

It looks like I'm definitely going to need to consult with a Lawyer. Can anyone recommend a lawyer who specializes in this type of Waiver?

Ok thank you guys for all the information! Feeling a bit better being able to somewhat anticipate the next few hurdles!

Ok so prepare the form and send it in now or wait until the interview?

Ok so it looks like the 10 year ban would be applicable :-(. Should I fill out the waiver now or wait until it is requested?

He left when he was 19. I am hoping that the fact that he was a minor the entire time is considered. Thanks to everyone for the information this far.

Just to confirm, we should just wait until the interview to disclose this?

It's quite complicated but he was not forced to leave. He went back to his country to be with family. He was young and didn't really know much about his own Visa situation at the time. Is there something I can do in advance to disclose this information and avoid further processing time in the future?