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I-601 Denied...want to appeal

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  • I-601 Denied...want to appeal

    My husband got a denial letter for his I-601 2 weeks b4 X-mas....that just took away our X-mas spirit...we consulted with a lawyer and he suggested we hire a lawyer...but we can't afford one...
    He came to the U.S in 1999 and overstayed but he was granted voluntary departure..he wasn't deported...we weren't married ten...so I went to his country and got married...I then came back 6months pregnant. of course like all women they want honey to be next to you during labor...he then came up here again on a visa waiver....he then applied for his paper I-130, I-485 and the rest...at the interview they told us he needed to file I-601 because he wasn't suppose to come back on a visa waiver...(didn't know that)...

    we need to prove them what "extreme hardship" it will be if he would have to go back...his I-485 was approved and he is working now....how can we prove "extreme hardship" to these people...

    Thank you in advance.....God Bless

  • #2
    My husband got a denial letter for his I-601 2 weeks b4 X-mas....that just took away our X-mas spirit...we consulted with a lawyer and he suggested we hire a lawyer...but we can't afford one...
    He came to the U.S in 1999 and overstayed but he was granted voluntary departure..he wasn't deported...we weren't married ten...so I went to his country and got married...I then came back 6months pregnant. of course like all women they want honey to be next to you during labor...he then came up here again on a visa waiver....he then applied for his paper I-130, I-485 and the rest...at the interview they told us he needed to file I-601 because he wasn't suppose to come back on a visa waiver...(didn't know that)...

    we need to prove them what "extreme hardship" it will be if he would have to go back...his I-485 was approved and he is working now....how can we prove "extreme hardship" to these people...

    Thank you in advance.....God Bless

    Comment


    • #3
      See post november 25th 2002. What INS look for extreme hardship.

      Comment


      • #4
        Are you sure his I-485 (not just I-130) was approved? If I-485 is approved, it means he is admitted into this country, then I'm not sure why he still needs to file I-601, because I-601 would be what you file to clear the way for filing I-485 in this case.

        Comment


        • #5
          It is not clear, if he left country before his voluntary departure expired, or he violated Voluntary departure?

          Comment


          • #6
            To approved,
            Yes I-485 can be approved but still Immigration vise cannot be issued because of the prior violation of INS Law.

            Comment


            • #7
              okay...when he came to the US he was on a visa waiver and overstayed..automatically he was to be deported back but a miracle happened he was granted voluntary departure....we weren't married then...i wasn't a usc..i was a us national....i got my usc.. flew to his country...got married....blah blah....b4 he left guys over at the ins office said that after i get usc i can just fly to his country get married and then fly back with him and then apply his papers....

              so he came back again on a visa waiver...and how he got in again was because he got a new passport with a new last name (name changed occurred oct.16.99....sent back to his country 02.16.00) his old passport expired 01/2002 so he needed to get a new passport anyway..because
              1. expired
              2.name changed

              he was adopted by his uncle so thats way his last name was changed before....then he wanted his biological father's last name back that's whay he went through the name change again which was granted oct 16. 99...so I know the ins thinks he went home change his name to get back to the US...we have proof that the name changed happen b4 he was sent back and we are working on proof of the first time it was change from Father to Uncle....please help ...i dont have much time....

              Comment


              • #8
                waiver denied but I-130 and I-485 approved ???
                never heard of that...well this sounds good...he is not considered illegal then...maybe he just cannot leave the country and if he deos he is out for good ? Then there is advanced parole to travel...so where is the problem here is waiver approved or not ???
                how complicated the law can be sometimes wow

                Comment


                • #9
                  yes his I-485 was aprroved to be able to work while his I-130 is pending but when we went to the interview they said they can't approve his adjust of status because he needs to apply for an I-601...please i need some advice of what I can use to prove extreme hardship

                  Comment


                  • #10
                    I think you got confused over some facts (not your fault). I-485 is for adjustment of status. To be able to work, he must have got an EAD card. The process goes like this: you file I-130, get approved, then file I-485 as well as EAD application, EAD can be approved in a month or two, whereas I-485 can take years and interview.

                    Maybe the INS officer told you something like this during your interview? I'll approve your I-485 if you file I-601 and that's approved?

                    Comment


                    • #11
                      why was it denied?

                      Comment


                      • #12
                        whoops stupid question, you haven't even applied for the I-601 yet in all actuality right?

                        please ignore my previous question it was a result of massive confusion

                        Comment


                        • #13
                          okay maybe i mixed up some forms...anyway..his EAD was approved...so he is now working legally...but what the ins officer who interviewed us (who happened to be the same officer who did and aprroved my usc) said that... he can aprroved his petition now but he has to apply for I-601....well I-601 was denied...so we have to do an appeal and i am working on gathering all the infos so that we can turn them in before the end of this week....so you all see i have no time....thanks you everyone...

                          i read the nov.25th board and i got some ideas from it....now i am working on putting it together in a professional letter....i am so scared in a way......my husband and i talked already...in a way we are doing this to buy some time while were getting ready to go to his country...

                          my husband is from samoa (independent) but he is a New Zealand citizen....I am from american samoa ( us territory) so i am not going to have a problem with the language and everything (I speak it fluently) but work, health, education in samoa is terrible and i dont want my kids to grow up there....minimum wage around $1.00 (which is $.30 USD)....it is terrible...please help me everyone

                          Comment


                          • #14
                            Faith,
                            I-601 waiver is not that easy lots of attorney's also screwup or don't know how to handle, I,m not saying all are bad, there are few who are good and work in clients favor.
                            Your email?

                            Comment


                            • #15
                              I am just curious who did approve the i-601 waiver, was it the same officer who reviewed and interviewed for the i-485. Faith, what I have heard, but do not count on this completely, you have a better chance to file for another i-485, with a waiver ready so you can hand it at the interview if they require you one. Remember the waiver is at their discretion.

                              God bless.

                              Comment

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