Agyam88

Thank you all so much for your input. Unfortunately we got the bad news last week that both waivers were denied. We are awaiting the mail from USCIS on the reasons why, but my guess is its because of the lack of compliance by my father.

Thanks for your help again. Its sincerely appreciated.

Thanks for the responses. First to Aleful, a more empathetic and less condescending response would be greatly appreciated. I know it might not have been your intention but it reads as that.

"if you and your sister would have read the instructions, on the i601 it clearly states that only spouses and parents can file waivers and hardship letters"

My mother is the one who did the initial research on this and confused the qualifying relative requirements for 601a for 601. Even if we got that information correctly, our father was still non-compliant.

"that's why they are asking that your father do the hardship letter"

Yes we are aware.

"now she should never have lived in the US, because by sibling petition, your mom never could have adjusted status in the US, she should have waited all the time in her country or origin"

She was already here and couldn't leave due to family circumstances. What personal choice she could have made is not the focus of my question. And Its actually not true that she needed to leave for the siing petition because my uncle filed for her before a law was changed that gave her the right to stay in the US for the interview. This has been vetted by two lawyers since this debacle started. Unfortunately she did not know this and got wrong information from USCIS about having to leave.

Thanks again for your input.

Hello everyone,

I am new to the forum. I should have joined 4 years ago when this nightmare started but better now than never. I am writing for some advice on my I-130 petition for my mom, which was approved 2 years ago.

Here's a timeline of events:

Fall 2010: My mom's brother's I-130 petition for her was approved after 11 years

Aug 2011: Mom self-deports to Ghana, because some USCIS person had wrongly told her that she would need to go back to process the visa.

Aug 2011-Feb 2013: the separation has negative impact on family, financial issues, apartment eviction, depression, marital tensions/resentment etc.

April 2013: Mom finally goes in for visa interview at Accra Embassy. She is refused visa and told she's banned for 10 years due to self deporting after over staying visa and voluntary removal order (which was 10 years before)

June 2013: I submit an I-130 on behalf of mom

June 2013: My citizen sister and I file for I-601 waiver for mom. We didn't file I-212 along with it because we read somewhere that I-601 was sufficient.

Feb 2014: Mom receives RFE from I-601 people. Specifically they want a letter from my dad since he's the only one citizen relative that can petition for my mom. Dad refuses to help her.

April 2014: we submit RFE response explaining all that dad wont help due to how separation has caused family problems. We enclose marriage certificate.

May 2014: USCIS miraculously approves I-601

May 2014: Accra Embassy tells her she still needs an I-212 waiver before she can get a visa

July 2014: I-212 submitted, with I-130 case number

July 2014-July 2015: my I-130 gets processed then approved; we keep checking with I-212, no news

November 2015: Notification from Accra Embassy that I-130 interview scheduled. Simultaneously, USCIS mails us that the I-601 approval has been reversed, unless my dad submits proof of hardship.

Nov 2015: mom goes for interview with embassy, she is told to prove her relationship with daughter petitioner. CO also wants proof that she is married to her citizen husband!!! We wonder, why is my father being asked about when he is not mentioned at all in petition.

December 2015: Mom goes back and provides evidence. CO says still not enough. You cant go back unless you can prove your marriage to husband is real. Orders a FULL family DNA test. At this point, we just assume that Embassy is coordinating with USCIS by requesting DNA test as proof for the waiver

December 2015: Luckily dad abides to DNA test but refuses to submit letter to USCIS I-601 waiver.

January 2016: We mail I-601 NOID response, explain family situation, provide evidence of dad's hardship. but still with no letter to dad.

February 2016: mom called in to take DNA test. 2 weeks later results done, full match. results sent to embassy.

March 2016: Embassy contacts mom about visa interview

April 2016: mom told by CO at interview that 1) everything is fine with evidence but 2) she needs to FILE I-601 and I-212 waivers and hands her folders with the applications. Mom tells her she already filled both and that it has been in their system. CO claims no such record in their system and requests proof from mom. Erring on the side of caution, she doesn't show the CO the original I-601 approval since there is a 601 NOID thats pending.

In the meantime, we havent heard anything from I-212 EVER. we submitted it nearly 2 years ago, and its been under officer review since July 2015 (8 months no). likewise, USCIS has had our response to the NOID since January 5, 2016. No response since.

So my questions are as follows: 1) Why would the CO bring in my citizen father and sister for my I-130 petition which makes no mention of them and has nothing to do with them, but then state that she doesn't know anything about the waiver? Why else would she ask for proof of marriage and offspring with her husband if its not related to the waiver? Moreover, shouldnt the 601 and 212 applications be in my mom's files since they are connected to her case number?

Things are really really really dire in my family and we need an immediate waiver. But with this 601 and 212 in limbo and a non-compliant father, what are our options?

Many thanks for your help.