ArianneandTaylor

Just thought I would update you all in case there are any May filers still waiting to hear from USCIS. I received my NOA1 on May 19 and this week (10 months later) received an RFE. Apparently our marriage certificate is invalid because we signed it on the day we got married (confused? Me too) so the certificate does not count as evidence of our relationship and we need to provide financial evidence, which of course we can’t do since we are seperated by 11,000 miles and can’t open accounts in each other’s countries. I could also prove that he is a beneficiary on my benefits here... but they wouldn’t let me add him because he has no social security number. So pretty much just more BS from immigration, making it impossible for myself, my husband, or our mutually shared daughter to actually move on with our lives. As I’ve posted before, I am no longer moving forward with this Visa and am praying that Australia does not give me as hard a time as America has, but I thought I would share my experience here. Good luck to all of you. 

Hi all. I have not been on here for a while. We have given up on this visa and decided I will move away from my home country to be with my husband. Meanwhile, our application was received by the Nebraska Service Center on May 19th. To date there has been no contact, not a word. It is extremely disheartening to know that people are unable to be with their loved ones because of the inefficiency of the system. This is our second time applying now. We have been separated for almost a year once again and have grown tired. Good luck to those still waiting. Hopefully the process is quick for the rest of you. 

34 minutes ago, Jawaree said:

Did he get a 221G to file with I 601 at his last interview

Go back to where he was  arrested to inquire about his 

arrest and how it was disposed.

Ok the paperwork he was given they checked 212(a) and on the reverse side said he needed an AFP based on finger prints.. I'm not sure what you mean

1 minute ago, Unshakable Faith said:

Whether it be a K1 visa or a spousal visa, the ineligibility would still be waived with an approved waiver.

 

My suggestion would to be to go ahead and file the I-601 waiver and have it processing while your spousal petition is processing.  If not, you're looking at about an additional year after he's denied at his spousal interview.

 

On top of that, he would need a new medical exam because they're only valid for 6 months and he may also need another interview after the waiver is approved depending on how quickly the waiver is adjudicated.

Ugh yeah I didn't even think about the medical. I didn't even realize the waiver took that long, I thought it was only a couple months. Thanks for the info and suggestion. I will definitely look into that some more.

13 minutes ago, Unshakable Faith said:

Two things...

First off, as long as your country is in your profile it will automatically go to your countries portal.

 

Secondly,  getting married and filing a spousal visa is not going to overcome the ineligibility.  An I-601 waiver will still need to be approved in order to obtain a visa because it is needed to waive an ineligibility.

 

I filed for a K1 and at the interview was given the option to file an I-601 waiver for the ineligibility.  When I returned to the US I filed the I-601 on my own (without a lawyer).  By the grace of God and much research during preparation, I was approved.  I'm awaiting my NOA2 from filling my 2nd K1.

 

You can go ahead and submit the I-601 waiver so hopefully by the time you are ready for your spousal interview, the I-601 will already be adjudicated and approved.  They would then be able to issue his visa, given that there are no other issues.

 

If you wait to file the I-601 waiver, you will be denied again at the interview and then have to file the I-601 waiver which takes a while to prepare (because it's very lengthy).  The adjudication process is looking to be about 10 months right now.  The last time processing times were posted they said they were working on June 2016 waivers.

Thanks for that. So you are saying that he can apply for the waiver before he even goes to his interview? The thing is we already cancelled the k1 because we got married anyway last time I was in Australia. He is there and I am in America. At his interview last year he never actually had an interview. Everyone else was sent to the window for interviews and he got called up to a different desk and told he could not interview but that he was eligible to apply for a waiver. I was also under the impression that we could start the waiver process while we wait for uscis to approve the I-130 so that it is ready by the time he goes for the interview, but the lawyer advised that we had to wait until he was given the waiver option again since this is now a new visa.

Hi everyone, I can't figure out how to post this directly in the Australia portal so I'm hoping someone can move it there.

My husband and I are applying for the CR1 visa to bring him to America from Australia. He has a criminal record however, which prevented us from obtaining the K1 visa last year. He was told at the interview that he was eligible for a waiver I-601, but we got married instead, cancelled the K1 application and began the CR1 process. I have hired a lawyer this time around and we are expecting the same outcome at his next interview. Our lawyer informed us that along with the national police certificate that is required he is going to need to provide a copy of his arrest report and the disposition of his case. But since those are terms we use in America and he is in Australia he can't find any info on how to obtain these. Can anyone in Australia please tell me what those documents would be called there? And even better, if anyone knows how/where to get them I would really appreciate any information. We don't want to be scrambling at the last minute to try to get this paperwork and delay our time together even more.

Thanks in advance! Hopefully someone out there can help...

I got my NOA1 on May 30th with a priority date of May 19. Sent to Nebraska  do not looking forward to this wait. My husband is in Australia and I'm in the US. Hopefully things speed up but it's kind of hard to be optimistic