k1 denied
Jan 15th 2004, 1:21 am
#1
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 55
k1 denied
hi :
my casablanca consulate denied our k1 visa and asked me for 601 form, because overstay. our lawyer told us that we shouldn't file one. she asked the U.S. State Department for an advisory opinion on the matter. It is likely to take a couple months to get a response, she told us. i left the us on voluntary departure within 60 days as judge asked me. i was F1 student. she has this explanation:
"A . Duration of Status Cases: Although most nonimmigrants are admitted
for a specified period of time, students, exchange visitors,
information media representatives ("I" visa holders), and holders of certain
diplomatic visas are usually admitted for "duration of status" (D/S). An
alien admitted for "duration of status" will begin to accrue unlawful
presence only if either:
an Immigration Judge (IJ) finds the alien has violated status and is
excludable/deportable/removable, or
the INS, in the course of adjudicating an application for a benefit
(e.g., extension of stay or change or adjustment of status), determines
that a status violation has occurred."
my casablanca consulate denied our k1 visa and asked me for 601 form, because overstay. our lawyer told us that we shouldn't file one. she asked the U.S. State Department for an advisory opinion on the matter. It is likely to take a couple months to get a response, she told us. i left the us on voluntary departure within 60 days as judge asked me. i was F1 student. she has this explanation:
"A . Duration of Status Cases: Although most nonimmigrants are admitted
for a specified period of time, students, exchange visitors,
information media representatives ("I" visa holders), and holders of certain
diplomatic visas are usually admitted for "duration of status" (D/S). An
alien admitted for "duration of status" will begin to accrue unlawful
presence only if either:
an Immigration Judge (IJ) finds the alien has violated status and is
excludable/deportable/removable, or
the INS, in the course of adjudicating an application for a benefit
(e.g., extension of stay or change or adjustment of status), determines
that a status violation has occurred."
Jan 15th 2004, 1:46 am
#2
Banned
Joined: Mar 2003
Posts: 83
Re: k1 denied
Hi Hassan,
I am sorry to hear that you K1 visa was denied. I wish you much luck (and speed) in getting this resolved.
Katie
I am sorry to hear that you K1 visa was denied. I wish you much luck (and speed) in getting this resolved.
Katie
Jan 15th 2004, 1:50 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: k1 denied
Originally posted by Hassan
hi :
my casablanca consulate denied our k1 visa and asked me for 601 form, because overstay. our lawyer told us that we shouldn't file one. she asked the U.S. State Department for an advisory opinion on the matter. It is likely to take a couple months to get a response, she told us. i left the us on voluntary departure within 60 days as judge asked me. i was F1 student. she has this explanation:
"A . Duration of Status Cases: Although most nonimmigrants are admitted
for a specified period of time, students, exchange visitors,
information media representatives ("I" visa holders), and holders of certain
diplomatic visas are usually admitted for "duration of status" (D/S). An
alien admitted for "duration of status" will begin to accrue unlawful
presence only if either:
an Immigration Judge (IJ) finds the alien has violated status and is
excludable/deportable/removable, or
the INS, in the course of adjudicating an application for a benefit
(e.g., extension of stay or change or adjustment of status), determines
that a status violation has occurred."
hi :
my casablanca consulate denied our k1 visa and asked me for 601 form, because overstay. our lawyer told us that we shouldn't file one. she asked the U.S. State Department for an advisory opinion on the matter. It is likely to take a couple months to get a response, she told us. i left the us on voluntary departure within 60 days as judge asked me. i was F1 student. she has this explanation:
"A . Duration of Status Cases: Although most nonimmigrants are admitted
for a specified period of time, students, exchange visitors,
information media representatives ("I" visa holders), and holders of certain
diplomatic visas are usually admitted for "duration of status" (D/S). An
alien admitted for "duration of status" will begin to accrue unlawful
presence only if either:
an Immigration Judge (IJ) finds the alien has violated status and is
excludable/deportable/removable, or
the INS, in the course of adjudicating an application for a benefit
(e.g., extension of stay or change or adjustment of status), determines
that a status violation has occurred."
What are you asking about? Your lawyer's explanation makes perfect sense to me.
Jan 15th 2004, 2:34 am
#4
Concierge
Joined: Apr 2001
Posts: 46,478
Re: k1 denied
Originally posted by Folinskyinla
Hi:
What are you asking about? Your lawyer's explanation makes perfect sense to me.
Hi:
What are you asking about? Your lawyer's explanation makes perfect sense to me.
Don't think he was asking for any advice. He was simply from my reading of his post, advising us of what occurred at his K-1 interview and what action is being taken to correct the problem.
Rete
Jan 15th 2004, 3:23 am
#5
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 55
Re: k1 denied
exactly Rede. just let you guys know how messed up consulates are. they don't know what they are doing.
Jan 20th 2004, 7:34 am
#6
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 55
Re: k1 denied
Folinskyinla, do you know how long it usually takes the AO to respond? should we go ahead and file I-601 or wait for AO's response? does AO has any effect if they found law on my side?
Thanks
Thanks
Jan 23rd 2004, 7:37 pm
#7
Guest
Posts: n/a
Re: k1 denied
toughbreak for sure
"Hassan" <member3177@british_expats.com> wrote in message
news:[email protected]...
> Folinskyinla, do you know how long it usually takes the AO to respond?
> should we go ahead and file I-601 or wait for AO's response? does AO has
> any effect if they found law on my side?
> Thanks
> --
> hassan
> Posted via http://britishexpats.com
"Hassan" <member3177@british_expats.com> wrote in message
news:[email protected]...
> Folinskyinla, do you know how long it usually takes the AO to respond?
> should we go ahead and file I-601 or wait for AO's response? does AO has
> any effect if they found law on my side?
> Thanks
> --
> hassan
> Posted via http://britishexpats.com
Mar 1st 2004, 1:35 am
#8
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 55
advisory opinion
hi everybody,
we've been waiting on response from Advisory Opinion for almost 8 weeks now. do you know how long it usually takes them to respond?
Thank you
we've been waiting on response from Advisory Opinion for almost 8 weeks now. do you know how long it usually takes them to respond?
Thank you
Mar 1st 2004, 3:12 am
#9
Member
Joined: Apr 2001
Posts: 14,049
Re: advisory opinion
Hassan,
Didn't your lawyer tell you "It is likely to take a couple months to get a response...."?
Regards, JEff
Didn't your lawyer tell you "It is likely to take a couple months to get a response...."?
Regards, JEff
Originally posted by Hassan
hi everybody,
we've been waiting on response from Advisory Opinion for almost 8 weeks now. do you know how long it usually takes them to respond?
Thank you
hi everybody,
we've been waiting on response from Advisory Opinion for almost 8 weeks now. do you know how long it usually takes them to respond?
Thank you
Mar 1st 2004, 4:06 am
#10
Concierge
Joined: Apr 2001
Posts: 46,478
Re: advisory opinion
Originally posted by jeffreyhy
Hassan,
Didn't your lawyer tell you "It is likely to take a couple months to get a response...."?
Regards, JEff
Hassan,
Didn't your lawyer tell you "It is likely to take a couple months to get a response...."?
Regards, JEff
couple = 2
8 weeks = 2 months
Rete
Mar 1st 2004, 5:11 am
#11
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: k1 denied
Originally posted by Hassan
hi :
my casablanca consulate denied our k1 visa and asked me for 601 form, because overstay. our lawyer told us that we shouldn't file one. she asked the U.S. State Department for an advisory opinion on the matter. It is likely to take a couple months to get a response, she told us. i left the us on voluntary departure within 60 days as judge asked me. i was F1 student. she has this explanation:
"A . Duration of Status Cases: Although most nonimmigrants are admitted
for a specified period of time, students, exchange visitors,
information media representatives ("I" visa holders), and holders of certain
diplomatic visas are usually admitted for "duration of status" (D/S). An
alien admitted for "duration of status" will begin to accrue unlawful
presence only if either:
an Immigration Judge (IJ) finds the alien has violated status and is
excludable/deportable/removable, or
the INS, in the course of adjudicating an application for a benefit
(e.g., extension of stay or change or adjustment of status), determines
that a status violation has occurred."
hi :
my casablanca consulate denied our k1 visa and asked me for 601 form, because overstay. our lawyer told us that we shouldn't file one. she asked the U.S. State Department for an advisory opinion on the matter. It is likely to take a couple months to get a response, she told us. i left the us on voluntary departure within 60 days as judge asked me. i was F1 student. she has this explanation:
"A . Duration of Status Cases: Although most nonimmigrants are admitted
for a specified period of time, students, exchange visitors,
information media representatives ("I" visa holders), and holders of certain
diplomatic visas are usually admitted for "duration of status" (D/S). An
alien admitted for "duration of status" will begin to accrue unlawful
presence only if either:
an Immigration Judge (IJ) finds the alien has violated status and is
excludable/deportable/removable, or
the INS, in the course of adjudicating an application for a benefit
(e.g., extension of stay or change or adjustment of status), determines
that a status violation has occurred."
Hi Hassan
I am sorry to hear your K1 was denied, I wish you nothing but the best!!
Take care!
Mar 1st 2004, 9:28 am
#12
Guest
Posts: n/a
Re: k1 denied
Hassan wrote:
> hi everybody,
> we've been waiting on response from Advisory Opinion for
> almost 8 weeks now. do you know how long it usually takes them to
> respond?
> Thank you
>
I don't understand why you just don't file the I-601 rather than wasting
a couple of months.
After all:
>, or
>> the INS, in the
course of adjudicating an application for a benefit
>> (e.g., extension
of stay or change or adjustment of status), determines
>> that a status
violation has occurred."
Doesn't this mean that even if you enter on a K-1 that USCIS can still
rule that the violation occured?
> hi everybody,
> we've been waiting on response from Advisory Opinion for
> almost 8 weeks now. do you know how long it usually takes them to
> respond?
> Thank you
>
I don't understand why you just don't file the I-601 rather than wasting
a couple of months.
After all:
>, or
>> the INS, in the
course of adjudicating an application for a benefit
>> (e.g., extension
of stay or change or adjustment of status), determines
>> that a status
violation has occurred."
Doesn't this mean that even if you enter on a K-1 that USCIS can still
rule that the violation occured?
Mar 1st 2004, 10:21 am
#13
The Survivors!!
Joined: Sep 2003
Location: USA & CANADA
Posts: 322
Re: k1 denied
Sorry to hear the news, Hassan. If your lawyer thinks you should wait...AND knows all about I-601's, then I'd listen to him/her. IMHO, you should also look into this on your own, just to be sure and know that you did everything possible. The I601's do take months, and longer in some cases...so I'd be doing my homework 
Best of luck,
Clare
Best of luck,
Clare
Mar 2nd 2004, 1:11 am
#14
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 55
Re: k1 denied
thank you for your responses,
the I-601 is not needed according to INS 212(a)(9)(B)(i)(II). i am not inadmissible in any way that requires a waiver. I don't want to admit to inadmissibility when i am not.
the I-601 is not needed according to INS 212(a)(9)(B)(i)(II). i am not inadmissible in any way that requires a waiver. I don't want to admit to inadmissibility when i am not.
Mar 23rd 2004, 9:42 pm
#15
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 55
Re: K1 visa approved
Hi,
the cosulate called me and told me that my visa is approved. i went yesterday and got. the advisory opinion approved my case, the consulate was wrong. i thank everybody in this room who were giving us advises during this long and stressful process; 2 years and 2 months!!!!!!!!!!!!! and wish everybody luck. i finally can get with my sweetheart.
Thank you
peace
the cosulate called me and told me that my visa is approved. i went yesterday and got. the advisory opinion approved my case, the consulate was wrong. i thank everybody in this room who were giving us advises during this long and stressful process; 2 years and 2 months!!!!!!!!!!!!! and wish everybody luck. i finally can get with my sweetheart.
Thank you
peace
