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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    WAIVER--how long does it take?
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<lily>
Posted
I am a USC and my husband is in Israel.
I've met w/ a lawyer and we now know BECAUSE of my husbands overstay here in the US, we will need to prepare a waiver of inadmissibility...
The lawyer doesn't have experience with timing on this waiver used in this way.
We send it into the consulate when he goes there for his interview.
Does anyone have any idea or experience with waivers?
THANKS!
 
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<aguilaazteca>
Posted
Ms. Lily: You don't prepare waivers until it is requested to do so.
Waivers are granted by the INS. Some consulate have an officer of the INS on the spot. It would be ideal if you could just walk and handle the waiver to the officer, but it does not work this way. The waiver (from what I know) goes to the Regional center and by now most likely you already know there about four in the country, right? So does the waiver comes back to the States if your husband is in Israel or stays in the Embassy?
My understanding is it goes back to the States but I work mostly with mexicanos so the bulk of my understandings is very narrow.
Our waivers are granted in less than six months depending on circumstances;holidays, tragic events, bla,bla,bla.
Hang tight and maybe you might not need a waiver after all these worries. Again it is up to the american consul if abroad and to the INS officer
in the US.
Enriqu
 
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<anonymous>
Posted
i am also having to wait and see if i need a waiver for my I-130 / K3 as i overstayed 120 days on a VWP although it was the fault of the INS, but nevermind, i wrote to the american embassy and the letter they sent back said 'do not submit a waiver petition' as when or if it is needed we can deal with it here, so i have received the same information as you, and if after i received this and have already been away from my spouse for 7months i gotta wait another 6months, well it dont bare thinkin about....
 
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<guest>
Posted
We husband and I are preparing for the possibility that he will need a waiver in connection with an overstay. He will be processing through the consulate in Casablanca, Morocco. It sounds like you are much further along on the process than we are. I'd appreciate it if you posted your experiences along the way.
Good luck.
 
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<lily>
Posted
My husband and I have been separated for almost 2 months now.
We understand we will not know if we need the waiver until her gets to his interview, but I've been told that it doesn't hurt for him to come to the interview prepared with it.
I just find myself seeking out every possible problem/ pitfall that may arise.
Now we are just waiting for our I-129F approval.
After which, I need to start thinking about the waiver.
It is a little soothing to know that there are other people in the same boat. It feel like we're all alone out here...AND we're not even together!!
 
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