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  • Guest's Avatar
    Guest replied
    Where?

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  • Guest's Avatar
    Guest replied
    Here's another thread related to waiver, spouse.

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  • Guest's Avatar
    Guest replied
    In many circumstances you may be able to get a waiver of inadmissibility. By obtaining a waiver, you don't eliminate or disprove the ground of inadmissibility. Instead you ask INS to overlook the problem and give you a green card or visa anyway.

    You may not apply for a waiver of inadmissibility until the consulate or INS office makes a judgment that you are in fact inadmissible. There is no way of knowing at what point after you have filed your green card application the government will reach that decision.

    All green card and visa application forms ask questions designed to find out if any grounds of inadmissibility apply in your case. When the answers to the questions on these forms clearly show that you are inadmissible, you may be authorized to begin applying for a waiver immediately on filing your application. You will be notified by mail if you are so authorized. In most cases, however, the consulate/INS office insists on having your final visa interview before ruling that you are inadmissible. If the INS office/consulate handling your case decides to wait until your final interview before finding you inadmissible, it will delay your ability to file for a waiver. This may in turn greatly delay your getting a green card or visa. Waivers can take many months to process.

    Once it is determined that a waiver is necessary, you will be given Form I-601 to complete and file with the filing fee. Note that if you file this with a U.S. consulate abroad, you will have to wait for the consulate to send your application to an INS office; the consulate cannot approve the waiver.

    Once again, there are many technical factors that control whether or not a waiver of inadmissibility is granted. If you want to get one approved, you stand the best chance of success by hiring a good immigration lawyer.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Hi. Here is a brief version of my story - my adorable, wonderful, and very amazing husband was a little naive when he was younger... but then again so was I. He overstayed his visa by a little over two years, and I decided that we should both leave the country to meet his parents before getting married, rather than getting married under 245i (which was in place at the time). For some stupid reason, we thought he would be able to come back in legally on his multiple entry tourist visa and then we would be able to talk to an immigration lawyer and figure out the best way to get married and live happily ever after.

    Needless to say he was refused and removed from a port of entry.

    We married a few months later in Ecuador, his native country. At that time (aaaahhh naivete again) we thought he would be back in the USA within a year. Well, let's just say that didn't happen. We had our I-130 approved relatively quickly (5 months) regardless of Sept 11, and expected to promptly file for the necessary waiver(s)...

    but due to a lawyer that passed away suddenly in the middle of the year, leaving our stuff in complete disarray, we weren't even ready to submit anything until a year later.

    Finally, in December we had the interview, and my husband had his fingerprints taken. In February the results came back and he was told to submit the I-601 and I-212 waivers. Which he has done, although they were only partially accepted. We are now attempting to work with a senator in order to make sure that we get a fair review.

    I am a graduate student and have been living 4,000 miles away from my darling husband for the last 2 years and I am not quite sure what I am going to do with myself for the next year or so.

    Needless to say, through this entire process mass confusion has reigned as even the INS doesn't (didn't?) appear to know what it was doing.... aaaaaahhhh but those are other stories!

    I hope this clarifies things a little better... if you have any other questions I would be happy to try to help!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Hi spouse, could you please tell us a little more about your particular situation.

    I will really appreciate it.


    Thank you,

    J.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    hi,

    i abondoned my LIFE/Lulac application because i left USA w/o advance parole. since i did not formaly withrew, will i be barred (3/10)? OR if i want to come back with TN visa, do i have to file WAIVER at the border?

    thanks for your help!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Hopeful,

    The reason I am estimating 18 months is because from what I hear from people or have seen on every website regarding the New York City INS office (Estimated times for AOS processing is 18-24 months)

    Brownfox,
    I dont feel comfortable stating the whole story on this board (maybe its my New York paranoia) and I would like to run it by someone because I hear conflicting information. I dont want to get a lawyer if I dont need one! However, thanks for your reply. Who would be a good person to ask, since I havent seen Mohan around?

    AnonymousNYC

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Every INS officer takes every case differently. I'm not sure with your situation though, if you lied to them that your wife wasn't married to you at that time, then they might get back to you during AOS interview. You'll never know if your wife is inadmissable or not until after interview. They will let you know if you need one but never open this unless advised.It's your decision to make a waiver now and present it if AOS is denied, but make sure it's a good one. As I mentioned don't give this I-601 to IO unless they ask for it.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    anonymous,

    why do you say that the AOS will take approximately 18 months ..did they tell you that or did you already got an appointment date for yr interview in 18 months ??
    SOmeone just posted about an AOS approval which apparently took only 7 months !!!!
    THANK YOU

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I hate to bother, but it would be helpful to know if
    (a) I need a waiver
    (b) If I should start preparing the waiver even though I will have approximately 17 months left for AOS appointment in NYC

    If you need my email its juanbosch@yahoo.com, or tell me yours and Ill write you.

    Thanks again,
    AnonymousNYC

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Thanks MOHAN,

    Actully i am kind of frustrated with LIFE/Lulac, i did not find a single success story with i245. may be it's easier to seek GC trhu employment and since i am also a CANDIAN citizen i can apply for TN. but i am not sure it will require me an WAIVER since i am abondoning my LIFE/Lulac. Please adivise!

    thanks again

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Don,t leave without applying AP. Just apply and leave, give address of your relatives, friends who can post you the approval at wherever you are leaving to.
    Or give signed form to your attorney and let him apply for you, and contact him laterZ to get approval letter.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    thanks to spouse, brownfox, anonymousnyc & mohon for joining me here on WAIVER issue. i orginginally asked this because i am about to abondon my pending LIFE/Lulac because i need to go abroad and because it's an emergency i don't have time to apply for advance parole. my question is: do i have to withdraw my appication before i leave? what happens if don't withdraw? will i be barred (3/10) from coming back here? do i have to file for WAIVER if i intend comeback here with TN or H1 visa?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    What's your email and Ill write you the whole story. If you remember, I asked you about a couple that you knew who had left the US, got married and applied for AOS. They didnt need waiver at the time and you said it was because some Immig. officers view the law differently.
    (I hope it was you who responded)

    Thanks again,

    AnonymousNYC

    (PS Sorry that people have been using your name, but it is nice to see you back)

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Well,
    I'm real mohan I don't recall telling anyone that There is no way, of knowing if One need waiver or not?.
    Did You ask me ? when?
    Are U sure? I dont think It was Me..You should have ask writing me into my mail box.
    I don't answer just like that before asking whole case history..Just to let you and all know.

    Leave a comment:

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