Himenov

2 hours ago, Racha el said:

Hi the have the same thing my first activity reviewed on January 27 2022 and my second activity reviewed on November 9 2022  Antonella’s nothing happened. Do you know how long will it take after than the second actually reviewed when will the cases got approved thanks 

 

I got approved the next day! You might consider to contact USCIS if you still haven't get it. They might have some backlog because this process usually only take 2-3 months this year.

25 minutes ago, Boiler said:

They would not know they do not process waivers

So what's gonna happen if the waiver take more than a year?

4 hours ago, Boiler said:

Who is they, not sure how anybody can be specific as to how long it takes.

 

You can look for posts from others who have recently gone through the waiver process.

They as the embassy

2 minutes ago, Boiler said:

I saw one recently that was approved after 8 months. Normally I say a year.

I already got my visa interview and they give me 1 year to drop i-601 waiver. I'm getting worried now. They said it'll only take 6 months

4 minutes ago, Boiler said:

I saw one recently that was approved after 8 months. Normally I say a year.

How can I see the successful waiver timeline here in VJ?

So I begin my i-601 waiver. How long does it usually take?

9 minutes ago, jan22 said:

Overstays are waived (i.e., "forgiven") during Adjustment of Status cases where the applicant is still in the US and a 212 (a)(9) ineligibility has not been triggered by leaving the US after an the overstay.  The OP left the US -- so the ineligibility likely applies and must be waived before a vIsa can be issued. 

 

There are a few questions to the OP, however, that need to be answered to help determine if the ineligibility applies.  Were you on an F1 student visa or J1 exchange visitor visa for studying?  Was your I-94 at entry issued with a specific "Admit to" date or was it for "Duration of Status" (marked "D/S")?  If it was a J1, did you have a two-year home residency requirement?  These are important details to know to provide the best responses.

I was on a J1 visa for studying and have two-year home residency requirement.

I'm not sure about the I-94, and don't understand about the difference between "admit to" and "duration of status"

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

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

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

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?

31 minutes ago, etrangais said:

NVC juts started processing September submissions this week.

You still have about three weeks (+/- 2 weeks) before they get to your documents 

 

You can follow NVC processing times here:

https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html

Thank you! I appreciate it!

Hi. I submitted all documents on Sept 26, 2021 to CEAC website and the summary status said 'submitted' and the IV application is 'completed' 

My question is how long this NVC process will take? It's been 2 months and I got no email or notification yet, how long should I wait, until I know I should call them?

Yes! I got NOA2 a day after the second actively reviewed notification, so it could be a good news for you too!

I got my NOA1 on December 7th, 2020 then got the actively reviewed notification on February 22nd, 2021 but then I got another actively reviewed notification on March 22nd, 2021 instead of NOA2. Anybody experienced the same? Or know something about this?

Their website sometimes does not update correctly. If it takes longer I would try to contact them, not that I know how. However the good news is, the biggest obstacle is usually the USCIS and once it forwards I-613 to DOS, it is just a matter of time getting approved. Exceptions maybe things like Fulbright scholars.

What about fulbright scholars? The chance is pretty slim?

Thank you so much!

Really don't wanna have 10 years ban, and I'll talk to my lawyer

If you can't get the J1 waiver, then you must go back home to fulfill your 2 years HRR.

1) I'm not sure if you need sevis form I-20 or not. But you should try get a copy from your sponsoring agency/school.

Or are you talking about DS-2019 for Certificate of Eligibility for Exchange Visitor Status (J-1) ?

2) You won't be filing Adjustment of Status inside US.

You will be doing consular processing in your home country Indonesia.

3) Since you already have overstayed 3 years in US, you will trigger a 10 years ban when you leave US.

4) Your USC spouse has to file I-130 petition/spousal visa for you.

5) You will be denied during consular interview for the overstay ban, and your USC has to file an extreme hardship waiver which usually involves a lengthy and heavily documented process of proving extreme hardship of living in the US without you or moving to Indonesia.

If you already have a lawyer/attorney, you should ask him/her about the chance of J1 Exceptional hardship waiver (hardship to USC spouse or child) first before making plans to go back home.

http://www.nolo.com/legal-encyclopedia/j-1-visa-holder-get-exceptional-hardship-waiver-two-year-home-residency-requirement.html

This is really bad advice. Your visa will be denied a visa until you complete your 2 years HRR. You will not be allowed back into the US.

Thanks for the info! I planned to come back and fulfil my 2YHR anyway. We didn't know the consequences of me doing overstay in certain time can effect me that bad.

So can't I come back to the us?

Do I need I20 to apply AOS later?

The reason I'm not eligible for waiver is because I was on J1 visa and a government funding study. If I apply for waiver, it would be impossible to be approved.

I have overstayed for 3 years

That sounds like really bad advice. From what I've read on VJ, you should NOT leave the US, but instead apply for a green card here (adjustment of status). If you leave, you might be banned from returning for awhile. You haven't said how long you've overstayed either, so don't know if you face a ban or not.

Threads that might assist you:

http://www.visajourney.com/forums/topic/306395-us-citizen-married-immigrant-on-b2-out-of-status/

http://www.visajourney.com/forums/topic/461984-aos-from-out-of-status-f-1-student-visa-to-permanent-resident/

http://www.visajourney.com/forums/topic/508109-f1-out-of-status-married-to-us-citizen/

Not yet, the lawyer told me to go back and apply the green card from my home country because I have 2 years home residency and I'm not credible to apply for waiver

Thanks!

Hi everyone, I'm new here. I was a student and end up married with USC and having 2 kids. Will go back to my home country soon for spouse visa process, but I'm worried that I couldn't come back here because my I20 is missing and I got terminated for my sevis. Anybody have the same experience?

Thanks