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cd1111

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Posts posted by cd1111

    Is an I-212 needed after 5 years?

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hey, I was talking with my senator's office and they are still waiting for the Del Rio POE to respond to their inquiry about adding three years to my stepdaughter's removal. So I now have a new question. USCIS wrote a letter saying the normally the I-212 should be filed at the embassy but in my case I should mail it in. I think that they do not want to admit that they made a mistake.

    In the same letter they said that I should mail it to the San Antonio field office and I should expect 18 months for it to be processed.

    If the POE comes back and decides to do the right thing and move her removal date to 2000 like it should be, then she will have been out of the country for 5 years and therefore not need a waiver- right?

    If they come back and will not admit they made a mistake and keep the Oct 2003 date, that means that 5 years will be up next Oct. If I file the waiver and it takes 18 months, by the time they get to it, she will not need one. So it looks like I should just go ahead and apply for an appointment because by the time I get one, Oct of 2008 will have passed.

    And as far as I understand, if I apply for an appointment, it will keep my petition open for her, so I don't have to worry about the petition closing. I hope the POE does what is right, but.......

    Any ideas????

    Thanks in advanced

    When I filed for my I-212 waiver with my pending petition then, the consular officer put me on AP until my waiver was approved. He said I could either wait for my waiver approval or wait up my ban period. He made it clear that I can get my visa on the day my ban expires if I still didn't get my waiver approval. Fortunately, I didn't have to wait until my ban is over as my waiver was approved.

    In your case, just make sure when your ban really started so you know your ban expiration. Usually, a letter of expedited removal will tell you when you have been removed and up to how many years you are banned to enter the US. Once your ban is over and you have a valid visa to re-enter the US, then I think you should be fine. Keep all the records with you.

    Good luck,

    cd

    OverStay

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Has anyone here overstayed in the US but decided to go back to their country and filed for K1 visa and got approved.

    Please let me know. I want some hope.

    continuation.. We had filed for extention..

    I think it's late to ask for advice as your fiance is not here anymore. If he is considered an overstay, then he will need a waiver before a petition can be granted, however Manila has a very small approval rate in terms of waiver, so I do not know why your lawyer did not tell you about that. You could have gotten married here and his overstay would have been forgiven, and he could have just applied for an advanced parole so he could travel prior receiving his greencard. Anyway, it's too late now, so hopefully your plan works out. Just FYI, without proof of approved extension, he is then considered overstay.

    Good luck!

    ~cd

    waiver approved from inquiry what now?

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    I need help. I inquired about my husband's waiver approval thru email to dhs.gov. They said that the request has been approved since Nov 6, 2007. WOhoooo! :no: I need to know what do we do next since they said that the waiver has been approved. What is the process? PLEASE HELP FOR MORE INFO! :help:

    First of all congratulations!

    I've heard a couple of different things. The way it is supposed to work is they send it directly to the consulate, AND you get an approval letter. Since it's already been two weeks, you could email the consulate and see if they've received the letter that it has been approved. This may be successful.

    If not, speak to your Senator's rep, they can usually speed this part of the process up, since it has already been approved and you're just waiting on the snail's pace of the govt.

    May I ask if you were applying for a 212 or 601 or both??

    We applied for both I-601 and I-212 waivers in US Consulate outside the US. I emailed the inquiry again on what to do next after the notification of the email that it has been approved. My husband was so exited and so anxious to have my family reunited again for 2 years. The file was with the adjudication officer outside the US.

    Did you apply the waivers in Manila, Philippines? Congratulations!!!! :star:

    Yes, I called yesterday they said that it is on the immigrant visa processing department. I really do not know what will happen next. Do you have any idea? We never received anything yet from the embassy. HELP!!

    Give it some time (maybe one or 2 more weeks). The embassy will only contact you once they received the approval letter to schedule another interview. I am not sure if you will receive an approval letter, because I did not. However, the embassy should give you a copy of your approval letter from the DHS as you may need it at the port of entry. I do not know how long more you need to wait, but if an immigrant visa is available for you already, it should not take that long anymore. Just make sure that your contact information is updated with the embassy, so they can call you.

    waiver approved from inquiry what now?

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    I need help. I inquired about my husband's waiver approval thru email to dhs.gov. They said that the request has been approved since Nov 6, 2007. WOhoooo! :no: I need to know what do we do next since they said that the waiver has been approved. What is the process? PLEASE HELP FOR MORE INFO! :help:

    First of all congratulations!

    I've heard a couple of different things. The way it is supposed to work is they send it directly to the consulate, AND you get an approval letter. Since it's already been two weeks, you could email the consulate and see if they've received the letter that it has been approved. This may be successful.

    If not, speak to your Senator's rep, they can usually speed this part of the process up, since it has already been approved and you're just waiting on the snail's pace of the govt.

    May I ask if you were applying for a 212 or 601 or both??

    We applied for both I-601 and I-212 waivers in US Consulate outside the US. I emailed the inquiry again on what to do next after the notification of the email that it has been approved. My husband was so exited and so anxious to have my family reunited again for 2 years. The file was with the adjudication officer outside the US.

    Did you apply the waivers in Manila, Philippines? Congratulations!!!! :star:

    pregnant during AOS application (help!)

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Question on AOS application:

    Hi, we got married last Friday October 26 and we are now in the process of filling-up the forms for the AOS application.

    My problem is: I am pregnant. When i had my medical exam at St. Lukes last August, i was already 15 weeks pregnant and therefore did NOT receive any vaccination as it would be harmful to the baby.

    I'm now 5 1/2 months pregnant and still couldn't comply with the vaccination requirement. How do we go about this? Can we still file AOS and have this requirement waived with the condition that i will get my shots soon after i give birth?

    HELP! We're hoping to file our AOS application this November.

    khay :help:

    You can not receive vaccinations if you are pregnant, so there is nothing you can do about it. You will still need to go to a civil surgeon and he will put it on the form and waive you for the vaccination requirement. Being pregnant is not an ineligibility for applying AOS. Good luck!

    ~ cd

    Appointment during Thanksgiving weekend

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Hi Everyone,

    We were waiting to receive the Biometrics appointment and here comes the letter: Saturday November 24th :dance::o … SATURDAY! This is just unbelievable ... Who else got appointment on Saturday November 24th? That’s why they raised the fees, to allow their employees to work more overtime… We are out of town that weekend so we ask them to reschedule.

    Let’s see when they will reschedule he appointment after they receive our request. :unsure:

    C&V

    I got the same appointment date and had the same dilemma. Check out my post: http://www.visajourney.com/forums/index.php?showtopic=94784

    Good luck,

    cd

    ASC Appointment Notice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Thank you for all who responded to my post.

    I was able to get my fingerprints done today at the ASC. My husband and I decided that we would try do walk-in so that if the assigned ASC to me doesn't allow it then I would just take the risk of rescheduling it by mail. At first the security guard told us that we can just come on any Wednesday or Saturday after I missed the appointment date, which I have not heard from anyone here nor read anywhere, so I didn't buy that. He also said that I have 84 days after I missed the appointment date to just show up there and he would let me in. I told my husband I would rather mail it in than doing what the security guard was telling us, but then the security guard said we can just leave the letter to him and he will hand it in to the supervisor and we'll get a new appointment date in the mail. We were about to leave already when he came out rushing to us from the supervisor's office and told us we can have the fingerprints done today. And that's it! We are very happy we don't have to worry about our travel plans and waiting for a new appointment date.

    Thank you very much once again! :star:

    ASC Appointment Notice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Thanks. Would you know if they accept walkins at the USCIS Houston-Southeast? That's where my Biometrics appointment is scheduled at. There's only an option to reschedule, but it doesn't say you can do walkin. Also, if I want to do walkin, can i do it this Wednesday? (so that if they do not allow me and instructed me to mail in my rescheduling then I have enough time to do so)

    Thanks again,

    cd

    ASC Appointment Notice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I got my BIOMETRICS appointment date for I-485 and I-765 for 11/24, but we will be gone for the Thanksgiving weekend. Can anyone share his/her experience in rescheduling his/her appointment date?

    Thanks,

    cd

    Honestly, I'd cancel my Thanksgiving plans in order to make the appointment. Re-scheduling can create delays in your process.

    Tickets were bought already and would cost a lot to re-book. It's the only time of the year to gather with my family. A little delay is fine for as long as we are guaranteed to get a new appointment date. Thanks though.

    Immunizations and I693 Supplement

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    It really depends on the civil surgeon, so it is wise to call around first before deciding on which civil surgeon to go to. Varicella vaccine is not required anymore if you had have chicken pox before, then you can just bring all your proof of vaccinations to record in your I-693 Supplement Form. A few civil surgeons are willing to just transfer your records without requiring any vaccination for a nominal fee. Don't worry about getting an RFE, because your civil surgeon will inform you if your immunizations are not complete, and would probably ask you to come back after your immunization is completed before he signs the form.

    Good luck!

    ~cd

    EAD #16 Question

    in Working & Traveling During US Immigration

    Posted

    If you are filing for EAD along with your AOS then the correct category is c9.... not a6...

    Kez

    Even if I am filing for EAD within the 90 days from the date of my entry? Yes, I am filing my EAD with my AOS.

    Thanks again,

    cd

    File using code (c )(9 ) I-485 pending, even within the 90 days, you need to file it with the I-485 or after filing I-485 with a copy of I-485 NOA1

    Apply for EAD WITH AOS, not before.

    K-1 holder should not bother with getting (a )(6 ) EAD card, that card expires 90 days after entry on the K-1, and can take up to 90 days to get. A Useless card, and a waste of $340

    EAD filed for with or after filing AOS is FREE, and results in a 1 year EAD, renewable for FREE if needed.

    Follow the guides:

    http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

    http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

    Very helpful. Thanks a lot!

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