Some questions about waiting for an I-601 waiver
Aug 4th 2003, 12:49 pm
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Joined: Aug 2003
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Some questions about waiting for an I-601 waiver
I'm a US citizen engaged to a Brazilian lady. She is currently in Brazil. We applied for the K-1 last year but her visa was denied at the last minute due to her having owned up on the biographical form to having overstayed her tourist visa by about a year.
After seeking legal advice I filed an I-601 waiver petition in early February of this year. I haven't received any word about it whatsoever in 6 months. I am told that it is being processed in Ecuador because that is the Immigration Service's nearest office with jurisdiction.
I have a few questions and would appreciate any guidance about this:
(a) What is the expected delay before we get an answer from Ecuador ? Has anybody else submitted an I-601 though the Rio consulate ?
(b) We are considering getting married in Brazil before the waiver is adjudicated. Is there any disadvantage to doing this ? I realise that the K-1 becomes useless, but I was expecting to file for a spouse visa in Rio using DCF (direct consular filing). I presume that it will be also be denied pending the I-601 outcome. I hope there would not be the need to resubmit the I-601.
(c) Would marrying now improve the chances of the I-601 being granted ? It indicates a higher level of commitment. But then again, I understood that the K-1 process would not have gone to the final interview if there had been doubts about the relationship. I also attached lots of evidence with the I-601 submission (photos, email transcripts etc).
(d) Is there any way to obtain a status update on the progress of an I-601 petition. I tried contacting the immigration people in Quayaquil, Ecuador but could not get any reply to phone, fax nor letter. My Federal Congressman's office has also requested status from Ecuador by fax, to no avail.
(e) Would letters of support to the immigration service from other US citizens who know me and my fiancee help at all at this stage ? Many friends and colleagues have offered to write such letters.
(f) What is the likelihood of success of the I-601 petition ? My hardship case was based on the expected hardships, economic and otherwise, that I will face emigrating to Brazil, finding suitable employment, language difficulties etc etc.
After seeking legal advice I filed an I-601 waiver petition in early February of this year. I haven't received any word about it whatsoever in 6 months. I am told that it is being processed in Ecuador because that is the Immigration Service's nearest office with jurisdiction.
I have a few questions and would appreciate any guidance about this:
(a) What is the expected delay before we get an answer from Ecuador ? Has anybody else submitted an I-601 though the Rio consulate ?
(b) We are considering getting married in Brazil before the waiver is adjudicated. Is there any disadvantage to doing this ? I realise that the K-1 becomes useless, but I was expecting to file for a spouse visa in Rio using DCF (direct consular filing). I presume that it will be also be denied pending the I-601 outcome. I hope there would not be the need to resubmit the I-601.
(c) Would marrying now improve the chances of the I-601 being granted ? It indicates a higher level of commitment. But then again, I understood that the K-1 process would not have gone to the final interview if there had been doubts about the relationship. I also attached lots of evidence with the I-601 submission (photos, email transcripts etc).
(d) Is there any way to obtain a status update on the progress of an I-601 petition. I tried contacting the immigration people in Quayaquil, Ecuador but could not get any reply to phone, fax nor letter. My Federal Congressman's office has also requested status from Ecuador by fax, to no avail.
(e) Would letters of support to the immigration service from other US citizens who know me and my fiancee help at all at this stage ? Many friends and colleagues have offered to write such letters.
(f) What is the likelihood of success of the I-601 petition ? My hardship case was based on the expected hardships, economic and otherwise, that I will face emigrating to Brazil, finding suitable employment, language difficulties etc etc.
