K3 Visa pending.....

[asandsllc]

Hello friends,

I have a situation like everyone who needs a sincere advise. My wife applied petition I-130 for me last july and I-129F in august. WE have recieved notices but no decision on I-129F as of yet. And I-130 is too far out to be worrying about.

Backgroud:

I over stayed in US and left before the decision of 245i. 245i denied and didn't pursue it further since I was already out of the country. Tried going back but was refused at the airport August 2002 and at the border August 2003 and also was denied for the visitor's visa August 2003. I'm in Canada.

Current Situation K3 I-129F:

The last time we were asked (after 90days of filing) was for additional info which was to send them marriage certifacte registered to provincial authorities and registrar. Anyway , that was sent and they recieved it December 3rd and they informed us that since the prelimnary process was completed so this time it would be less than 30 days and not more than 90 days. According to that We should have recieved an answer by March 3rd(90days period)....I guess no news is a good news. We even called the center and they told us to expect an inquiry about the case within 30 days in regards to why the decision is still pending. My wife recently moved back to US so she could help the case...like having an employment....

Question: What should I expect? If approved then what or god forbid if denied then what?
Do I need to have the 601 ready? Because of my past background history... do I stand any chance? Please help if anyone can. I know people who went through the similar situations it took them years for 601 to be processed... Do I need a laywer when I get an interview date? What other documents would I be needing ....police certificates, finger prints....

Thank you and hoping that some one would share their experience and expertise to hlep me in this matter.

[asandsllc]

Hello friends,

I have a situation like everyone who needs a sincere advise. My wife applied petition I-130 for me last july and I-129F in august. WE have recieved notices but no decision on I-129F as of yet. And I-130 is too far out to be worrying about.

Backgroud:

I over stayed in US and left before the decision of 245i. 245i denied and didn't pursue it further since I was already out of the country. Tried going back but was refused at the airport August 2002 and at the border August 2003 and also was denied for the visitor's visa August 2003. I'm in Canada.

Current Situation K3 I-129F:

The last time we were asked (after 90days of filing) was for additional info which was to send them marriage certifacte registered to provincial authorities and registrar. Anyway , that was sent and they recieved it December 3rd and they informed us that since the prelimnary process was completed so this time it would be less than 30 days and not more than 90 days. According to that We should have recieved an answer by March 3rd(90days period)....I guess no news is a good news. We even called the center and they told us to expect an inquiry about the case within 30 days in regards to why the decision is still pending. My wife recently moved back to US so she could help the case...like having an employment....

Question: What should I expect? If approved then what or god forbid if denied then what?
Do I need to have the 601 ready? Because of my past background history... do I stand any chance? Please help if anyone can. I know people who went through the similar situations it took them years for 601 to be processed... Do I need a laywer when I get an interview date? What other documents would I be needing ....police certificates, finger prints....

Thank you and hoping that some one would share their experience and expertise to hlep me in this matter.

[Julie]

I think you will most likely have to file the 601 waiver of excludability due to the overstay. You can check previous thread here by doing a search. Lots of people have filed them theirselves. You can also do a search on the travel.state.gov site for 'waiver of excludability' .. it lists in their lingo how to overcome the denial, what steps you must outline etc. A lawyer will charge you a truckload to file a waiver, since they know you are 'desparate' ..

[Lazarus]

Whether you need to apply for a waiver or not will depend on exactly how long you overstayed. If it was for 180 days or more, then you will need to apply for a waiver.

Assuming you need a waiver, the form I-601 is in the forms section of the USCIS website (www.uscis.gov). The waiver should be filed with the Embassy/Consulate that will process your K-3 visa application. It is then forwarded on to the USCIS, which will make a decision. Unfortunately, it can sometimes take around a year for decisions to be made on waivers, and there not much opportunity for an appeal if the decision goes against you.

To succeed in your waiver application, you will need to show "extreme hardship" that is caused to your wife. There are some cases which define the term "extreme hardship," such as Matter of Anderson, a Board of Immigration Appeals decision from 1978 (this will probably be available in the immigration laws section of the USCIS website, in the BIA decisions sub-section.

[Lazarus]

As for your K-3 petition, the National Benefits Center in Missouri are currently processing applications filed on or about December 24th, so a case worker should be looking at yours now. Please allow approximately 30 days for a decision - it should be coming soon in your case.

[asandsllc]

Thank you Julie & Lararus for the feedback.

601 seems to be a lengthy and frustrating process...
That means that it could take upto a year. Then probably next thing they would say is that just wait for I-130 to be approved. Its already so frustrating..I was reading one of threads here on the discussion board where somebody had their K-3 denied and that's what they told them to wait for I-130. I'm really confused. Maybe I jumping ahead since I am still waiting for the decision of K-3 to come. How would the situation change if my wife decide to come back and live with me. Isn't that going to delay further.

Please advise if there are any other suggestions.