Will I need to submit an I-601?
Feb 16th 2004, 3:09 am
#1
Guest
Posts: n/a
Will I need to submit an I-601?
I am waiting for approval to go to my k-3 visa interview in Ciudad
Juarez. In June 2002 I was excluded from entering the US at Phoenix.
My tourist visa was cancelled and INS wrote 212(7)(a)(1). I never
overstayed the time limit of the tourist visa, but INS said that they
believed I was living in the US because I travelled to the same
airport so frequently and stayed for so long. My husband and I were
married here in Mexico in July of 2002 and he submitted the I-130
right away. Does anyone know if the visa is likely to be denied at the
interview and I will be required to submit an I-601 waiver?
Juarez. In June 2002 I was excluded from entering the US at Phoenix.
My tourist visa was cancelled and INS wrote 212(7)(a)(1). I never
overstayed the time limit of the tourist visa, but INS said that they
believed I was living in the US because I travelled to the same
airport so frequently and stayed for so long. My husband and I were
married here in Mexico in July of 2002 and he submitted the I-130
right away. Does anyone know if the visa is likely to be denied at the
interview and I will be required to submit an I-601 waiver?
Feb 16th 2004, 3:26 am
#2
Valley of the Sun
Joined: Sep 2003
Location: Phoenix
Posts: 628
Re: Will I need to submit an I-601?
hmm, tough call.. I think they made assumptions, based on what they thought you "might" be doing..they denied you entry and sent you on your way. if you didnt over stay then I doubt you would have to file a waiver.
Feb 16th 2004, 3:44 am
#3
Guest
Posts: n/a
Re: Will I need to submit an I-601?
That's not necessarily true. One doesn't need to overstay to be excluded and
sent back. If they believe that you were using the visa to "live" in the
United States and only returning to your home country before the six month time
frame, then they can send you back. And, what they believe is what
matters...period. Consult an immigration attorney for what's next. You may
only need an I-212.
>From: souls canuck
>hmm, tough call.. I think they made assumptions, based on what they
>thought you "might" be doing..they denied you entry and sent you on
>your way. if you didnt over stay then I doubt you would have to
>file a waiver.
sent back. If they believe that you were using the visa to "live" in the
United States and only returning to your home country before the six month time
frame, then they can send you back. And, what they believe is what
matters...period. Consult an immigration attorney for what's next. You may
only need an I-212.
>From: souls canuck
>hmm, tough call.. I think they made assumptions, based on what they
>thought you "might" be doing..they denied you entry and sent you on
>your way. if you didnt over stay then I doubt you would have to
>file a waiver.
