i-212 i-601 where/when confusion
Aug 14th 2003, 4:04 am
#1
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 63
i-212 i-601 where/when confusion
There seems to be continued confusion about where and when to submit i-601 and i-212 waivers/petitions, even for identical cases (e.g., similar k-3's or k-1's).
1. Some people submit the forms right away, to the BCIS service center, as they begin the application process.
2. Other people wait until the k peition is approved by NVC and forwarded to the consulate.
3. Yet others wait until the consulate interview-- that is, until the consulate officer requests them. (I was advised to take this third approach)
Does anyone know which of these is the best/quickest way?
Also, for those of you who submit them at the consulate: are you fingerprinted (for FBI clearance) at the same time that you turn in the i-212/i-601 waivers, or have you been told that you have to wait until the FBI fingerprints are processed before you can turn in the waivers?
Thanks for your patience and help with these questions.
DRVICS
1. Some people submit the forms right away, to the BCIS service center, as they begin the application process.
2. Other people wait until the k peition is approved by NVC and forwarded to the consulate.
3. Yet others wait until the consulate interview-- that is, until the consulate officer requests them. (I was advised to take this third approach)
Does anyone know which of these is the best/quickest way?
Also, for those of you who submit them at the consulate: are you fingerprinted (for FBI clearance) at the same time that you turn in the i-212/i-601 waivers, or have you been told that you have to wait until the FBI fingerprints are processed before you can turn in the waivers?
Thanks for your patience and help with these questions.
DRVICS
Aug 14th 2003, 4:30 am
#2
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Joined: May 2003
Location: Long Beach, CA
Posts: 398
I think part of the confusion is that the Consulates handle them differently.
We knew we would need to submit a I-601 so we had it prepared and took it with us for my DH's interview and turned it in. (your 3rd option above)
The same day he also had his fingerprints taken.
They told us we should know in 6-8 weeks. I had heard of other London estimates for 2-8 weeks... I guess they thought they would need extra time for our case.
Laura
We knew we would need to submit a I-601 so we had it prepared and took it with us for my DH's interview and turned it in. (your 3rd option above)
The same day he also had his fingerprints taken.
They told us we should know in 6-8 weeks. I had heard of other London estimates for 2-8 weeks... I guess they thought they would need extra time for our case.
Laura
Aug 14th 2003, 5:20 am
#3
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Thread Starter
Joined: Nov 2002
Posts: 63
So you were able to take care of both fingerprints and 601 at the same time! That's great.
We also were in that situation and wanted to turn in our 212 and 601 but the officer refused to take them. I pleaded with him and he still refused. What's so sad (for us) is that other couples around us at the consulate were also allowed to do it like you, and their situation was identical to ours! The reason this is so sad is that this adds more time to our wait-- not to mention another long and expensive trip to the consulate!
Our bad luck, I guess.
DRVICS
We also were in that situation and wanted to turn in our 212 and 601 but the officer refused to take them. I pleaded with him and he still refused. What's so sad (for us) is that other couples around us at the consulate were also allowed to do it like you, and their situation was identical to ours! The reason this is so sad is that this adds more time to our wait-- not to mention another long and expensive trip to the consulate!
Our bad luck, I guess.
DRVICS
Aug 14th 2003, 7:03 am
#4
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Joined: Aug 2003
Posts: 20
Originally posted by BeachBunny
I think part of the confusion is that the Consulates handle them differently.
We knew we would need to submit a I-601 so we had it prepared and took it with us for my DH's interview and turned it in. (your 3rd option above)
The same day he also had his fingerprints taken.
They told us we should know in 6-8 weeks. I had heard of other London estimates for 2-8 weeks... I guess they thought they would need extra time for our case.
Laura
I think part of the confusion is that the Consulates handle them differently.
We knew we would need to submit a I-601 so we had it prepared and took it with us for my DH's interview and turned it in. (your 3rd option above)
The same day he also had his fingerprints taken.
They told us we should know in 6-8 weeks. I had heard of other London estimates for 2-8 weeks... I guess they thought they would need extra time for our case.
Laura
Aug 14th 2003, 7:07 am
#5
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Joined: Aug 2003
Posts: 20
[hy
I am sorry to hear that your visa got dinied.
I just have one question, why did they dinie it, and how did you know you would have to apply for a waiver.
I just ask because I am a little bit consernd that I also have to aplley for a waiver.
I got refused into the country 3 years ago, so I still have not find out this could be a problem.
Thanks for help, and I cross my fingers for you.
Valerie
I am sorry to hear that your visa got dinied.
I just have one question, why did they dinie it, and how did you know you would have to apply for a waiver.
I just ask because I am a little bit consernd that I also have to aplley for a waiver.
I got refused into the country 3 years ago, so I still have not find out this could be a problem.
Thanks for help, and I cross my fingers for you.
Valerie
Aug 14th 2003, 1:59 pm
#6
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Joined: May 2003
Location: Long Beach, CA
Posts: 398
I've read on this board how a POE entry denial required an I-601 (UK/London Consulate involved).
My DH's denial was for two things...
2 old CIMT's & 1 extremely long overstay
My DH's denial was for two things...
2 old CIMT's & 1 extremely long overstay
Aug 14th 2003, 3:29 pm
#7
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Thread Starter
Joined: Nov 2002
Posts: 63
Hi,
my understanding is that whether or not a prior entry refusal results in problems depends on whether the refusal was a formal "deportation/removal" or simply a voluntary withdrawal. In the former case, the visa is cancelled and a i-212 petition to reapply must be submitted prior to entering again; in the latter case the visa is not cancelled and technically a re-entry can be achieved without need for i-212 petition.
I hope the latter case applies to you. Good luck.
DRVICS
my understanding is that whether or not a prior entry refusal results in problems depends on whether the refusal was a formal "deportation/removal" or simply a voluntary withdrawal. In the former case, the visa is cancelled and a i-212 petition to reapply must be submitted prior to entering again; in the latter case the visa is not cancelled and technically a re-entry can be achieved without need for i-212 petition.
I hope the latter case applies to you. Good luck.
DRVICS
Aug 15th 2003, 6:25 am
#8
Member
Joined: Mar 2001
Posts: 98
I don't know anything about the I212 waiver - but my husband (then fiance) had to file an I601 waiver. You're not allowed to file the waiver until you've been denied (you can't file a waiver for being denied until you are denied.) We knew he would need the waiver so we had it all filled out and took it with us to the interview. His interview was in Canada at the consulate in Montreal. He had to have fingerprints taken in order to get his criminal history before we ever went to the interview - so we must of had them with us when we went to the interview - sorry I can't remember. Of course he had to be fingerprinted again after we filed our AOS paperwork here in the states. Hope this helps.
Good luck!
Good luck!
Aug 15th 2003, 6:52 am
#9
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Joined: Dec 2002
Posts: 2,894
Originally posted by BeachBunny
I've read on this board how a POE entry denial required an I-601 (UK/London Consulate involved).
My DH's denial was for two things...
2 old CIMT's & 1 extremely long overstay
I've read on this board how a POE entry denial required an I-601 (UK/London Consulate involved).
My DH's denial was for two things...
2 old CIMT's & 1 extremely long overstay
But then again, My fiancée's congressman's office had said that London is the best embassy in the world for dealing with visas. Cannot say they are wrong.
Aug 17th 2003, 5:09 pm
#10
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Posts: n/a
Re: i-212 i-601 where/when confusion
If I remember correctly, your wife was removed from the country under almost
identical circumstances as my husband. She is in Mexico right? But where the
difference was is that your lawyer or someone told you you also need the 601
waiver on top of the 212 permission to re enter. Anyway, We only needed the
212 after our I-130 was approved. Once that was approved, we submitted the 212
to the service center for our area and that was approved. We then had the
interview in the US Consulate in his country. No 601 was required and no
fingerprints. The visa was issued the same day. I still have so much
confusion about these two documents, 601 and 212. It seems that the 601 is
needed if there is some kind of crime involved. As in the case of another
couple dealing with the same country we were, she was deported but she tried to
enter with false documents or somthing to that affect. They filed the 212 the
same as us but also needed the 601 which was filed in her country . I believe
and she also needed fingerprings. As I recall, he flew down to her country for
her interview after the 212 was approved but then was told she needed the 601.
They filed that there. This was almost two years ago. They were approved and
she's been here now since then.
>From: drvics [email protected]
>Date: 8/14/03 12:04 AM Eastern Daylight Time
>There seems to be continued confusion about where and when to submit i-
>601 and i-212 waivers/petitions, even for identical cases (e.g., similar
>k-3's or k-1's).
>1. Some people submit the forms right away, to the BCIS service center,
> as they begin the application process.
>2. Other people wait until the k peition is approved by NVC and
> forwarded to the consulate.
>3. Yet others wait until the consulate interview-- that is, until the
> consulate officer requests them. (I was advised to take this
> third approach)
>Does anyone know which of these is the best/quickest way?
>Also, for those of you who submit them at the consulate: are you
>fingerprinted (for FBI clearance) at the same time that you turn in the
>i-212/i-601 waivers, or have you been told that you have to wait until
>the FBI fingerprints are processed before you can turn in the waivers?
>Thanks for your patience and help with these questions.
>DRVICS
>--
>Posted via http://britishexpats.com
identical circumstances as my husband. She is in Mexico right? But where the
difference was is that your lawyer or someone told you you also need the 601
waiver on top of the 212 permission to re enter. Anyway, We only needed the
212 after our I-130 was approved. Once that was approved, we submitted the 212
to the service center for our area and that was approved. We then had the
interview in the US Consulate in his country. No 601 was required and no
fingerprints. The visa was issued the same day. I still have so much
confusion about these two documents, 601 and 212. It seems that the 601 is
needed if there is some kind of crime involved. As in the case of another
couple dealing with the same country we were, she was deported but she tried to
enter with false documents or somthing to that affect. They filed the 212 the
same as us but also needed the 601 which was filed in her country . I believe
and she also needed fingerprings. As I recall, he flew down to her country for
her interview after the 212 was approved but then was told she needed the 601.
They filed that there. This was almost two years ago. They were approved and
she's been here now since then.
>From: drvics [email protected]
>Date: 8/14/03 12:04 AM Eastern Daylight Time
>There seems to be continued confusion about where and when to submit i-
>601 and i-212 waivers/petitions, even for identical cases (e.g., similar
>k-3's or k-1's).
>1. Some people submit the forms right away, to the BCIS service center,
> as they begin the application process.
>2. Other people wait until the k peition is approved by NVC and
> forwarded to the consulate.
>3. Yet others wait until the consulate interview-- that is, until the
> consulate officer requests them. (I was advised to take this
> third approach)
>Does anyone know which of these is the best/quickest way?
>Also, for those of you who submit them at the consulate: are you
>fingerprinted (for FBI clearance) at the same time that you turn in the
>i-212/i-601 waivers, or have you been told that you have to wait until
>the FBI fingerprints are processed before you can turn in the waivers?
>Thanks for your patience and help with these questions.
>DRVICS
>--
>Posted via http://britishexpats.com
