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I-601 waiver

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  • hi USC,

    Why do you need to file a waiver ? what's the whole story so we can help you as much as we can...lot of people, myself included, are filing this what are your questions ?


    • Crews1980:
      I'm sorry I don't have the URL for those artilce anylonger. I actually just got it from this board as well. At any rate, the one K1 that I read was the Fiancee was from Ireland. They filed the waiver through the consulate there and got approved.
      As I stated in my previous entry. I eliminated all of the denying factors and In my opinion, Fiancee was not stated as one of the benificiary of the said waiver,therefore I went ahead and went to my Fiancee's country and got married there.
      From my extensive questioning to lawyers who have dealt this waiver, they were saying that some INS would consider the fiancee as a spouse and some would not. It appears that it all depends what country your Fiancee is from. In other words, if your fiancee is from a country that is economically sound, it just makes sense. However, in my case, my spouse is from a third world country and the violation is not simply and overstay, it is likely that they will be more meticulous.
      If you decide to go further. I suggest that you focus very very well with your hardship. It is very imperative. I have been preparing mine for almost a year now and I still feel that I have left some off.
      Please post any question you may have if we can assist you further.


      • Angel, USC, lonely,

        Thank you so much for your input. I think that anticipation and preparation is the key to success with these cases, and with waivers. I anticipate needing the I-601 but I won't know until the interview. Our case is very complicated. One thing that complicates it is that I have no knowledge or access to Argentine law on CIMT. Therefore I can't tell what the maximum penalty for the crime is. That would tell me whether a waiver is needed. In a case like this, the law where the crime was comitted would prevail and comparing it to US law on the same crime is not necessary, according to 9FAM. So I guess all we can do is wait. It may turn out that he is excluded from being inadmissable. Right now we are in the Visa Condor phase at NVC because of his Cuban citizenship.


        • Originally posted by Waiver2003:
          Here are some tips you can use while preparing your own waiver. Write your name and Alien number on every page submitted and number all pages from 1 to xx.

          Additionally, enclose a table of contents and organize all the paperwork, reports and photos in a nice expensive folder to give it that professional look.

          Prepare a cover letter stating the purpose of the waiver, a background section giving an overview of the case and a conclusion stating the main points of the waiver and why it should be granted. Don't forget to enclose copies of all recent documents from INS, (don't assume they have copies of everything they send you).

          Of course, add doctor's reports (see above), notorized letters from friends & family stating good moral character. Letters from your House of Worship, employer are also helpful. Photos of the marriage, family vacations, etc also strenghten your case.

          Finally, keep it factual, consise and stick to the reasons why you will experience extreme hardship and nothing else.

          Hope that helps.

          Good luck


          • I am US Citizen husband spouse assisting my wife in submitting the Waiver for Ground of Excludability (I601).

            We are very grateful for the guidance we have already obtained from this site. We have some additional questions and would also be very thankful for advice from anyone who may assist.

            We both have written very detailed cover letters to substantiate the extreme hardship if my wife is required to leave the country due to the 2-10 year bar, to our marriage, my extreme hardship to adjust to new country and new customs, medical hardships, hardship because of lack of employment that would result. We have also explained the reason for my wife's overstay of her Visa and our desire to be compliant with immigration law and requirements.

            To support our request we have obtained a letters of reference and support from my mother, from our church ministers, personal friends, neighbors, my current employer, and assisted living centers where we do volunteer work. The letters from employer and assisted living centers are on official letterhead. All letters are signed by the makers with address and phone numbers included. However, we did not ask the makers to have the letters notarized. We are wondering if we should go back and request the makers of the letters to have them notarized. At this point it would be difficult but probably not impossible. Do you think it is necessary to do so? Please advise.

            We have also enlisted the assistance of our district US Congressman's office in NC. We have met with them in person on two occasions. They have advised they will consult with the district Immigration field office once we submit the I601 and request favorable consideration. Do you think this will be helpful? How much influence do they have?

            Thanks to all who have provided details on I601 previously and we greatly appreciate your responses to our further questions.



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