i-212 not accepted at consulate?
Aug 22nd 2003, 5:47 am
#1
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Thread Starter
Joined: Nov 2002
Posts: 63
i-212 not accepted at consulate?
Any feedback will be helpful.
After waiting one year to finally have the consulate interview for K3, I was ready to turn in my I-212 (for spouse's previous entry refusal). And the consulate now tells me that I have to send the I-212 to the BICE in Texas (Dallas airport is where my spouse was refused entry/deported). Has anyone been told to send I-212 to BICE for adjudication? I worry it is going to the wrong place! Thanks.
After waiting one year to finally have the consulate interview for K3, I was ready to turn in my I-212 (for spouse's previous entry refusal). And the consulate now tells me that I have to send the I-212 to the BICE in Texas (Dallas airport is where my spouse was refused entry/deported). Has anyone been told to send I-212 to BICE for adjudication? I worry it is going to the wrong place! Thanks.
Aug 22nd 2003, 1:15 pm
#2
Just Joined
Joined: Aug 2003
Posts: 20
Re: i-212 not accepted at consulate?
[Hi
I am sorry i can not help you but i have a question.
i was refused into the country 3 years ago and i also wait for my k3 visa interview.
my question is how did you know you have to file for a waiver?
i just would like to know bwcause i am affraid this also could happen to me.
Why was your wife refused into the country does she has a number in her passport?
I wish you good luck.
and thanks for help.
I am sorry i can not help you but i have a question.
i was refused into the country 3 years ago and i also wait for my k3 visa interview.
my question is how did you know you have to file for a waiver?
i just would like to know bwcause i am affraid this also could happen to me.
Why was your wife refused into the country does she has a number in her passport?
I wish you good luck.
and thanks for help.
Aug 22nd 2003, 2:29 pm
#3
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Thread Starter
Joined: Nov 2002
Posts: 63
Yes, she was formally (expeditedly) deported at the airport when trying to enter with her visitor visa; the officer stamped her passport: "visa cancelled." And they immediately informed my wife she could no longer enter the U.S. prior to 5 years unless she got "special permission" from the attorney general (this is the i-212 waiver). The problem is there are tons of confusion about how this is done.
Best of luck to you. I hope you don't have to go through this.
DRVIS
Best of luck to you. I hope you don't have to go through this.
DRVIS
Aug 22nd 2003, 3:29 pm
#4
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Posts: n/a
Drvics,
We ran into the same problems that you are experiencing with the I-212. My fiance was also formally removed (expedited removal) and his visa cancelled. We contacted the Buenos Aires consulate and they told us that they do not do the I-212 there, so we had to send in our I-212 to the POE where he was removed which is Arlington. We sent it to the Director of the BICE division, but just recently we found it that it was forwarded to a division within BCIS. We're still trying to find out exactly where our paperwork is...I agree that is very confusing. Are you working with a lawyer to help out on this. I would strongly reccommend it!
Good Luck!
We ran into the same problems that you are experiencing with the I-212. My fiance was also formally removed (expedited removal) and his visa cancelled. We contacted the Buenos Aires consulate and they told us that they do not do the I-212 there, so we had to send in our I-212 to the POE where he was removed which is Arlington. We sent it to the Director of the BICE division, but just recently we found it that it was forwarded to a division within BCIS. We're still trying to find out exactly where our paperwork is...I agree that is very confusing. Are you working with a lawyer to help out on this. I would strongly reccommend it!
Good Luck!
Aug 22nd 2003, 4:20 pm
#5
Just Joined
Joined: Aug 2003
Posts: 20
Originally posted by drvics
Yes, she was formally (expeditedly) deported at the airport when trying to enter with her visitor visa; the officer stamped her passport: "visa cancelled." And they immediately informed my wife she could no longer enter the U.S. prior to 5 years unless she got "special permission" from the attorney general (this is the i-212 waiver). The problem is there are tons of confusion about how this is done.
Best of luck to you. I hope you don't have to go through this.
DRVIS
Yes, she was formally (expeditedly) deported at the airport when trying to enter with her visitor visa; the officer stamped her passport: "visa cancelled." And they immediately informed my wife she could no longer enter the U.S. prior to 5 years unless she got "special permission" from the attorney general (this is the i-212 waiver). The problem is there are tons of confusion about how this is done.
Best of luck to you. I hope you don't have to go through this.
DRVIS
When I got refused to enter the usa they gave me a stamp what says 212a7bii, they also told me that i just could come back when i have a visa. They never told me I have any bar,I even asked them.
I am from Germany and we usally do not need visas, I came with a waiver what is good for 3 month every time you fly in.
My problemis now that i really do not understand the different between formally and volontarielly removed.
because i thought when you where refused into the country this is not deported.
I called the consulate and talked to so many people over there but it seems every time you get different answers.
I guess i have to wait and see, i wish you good luck and hope your wife will be with you soon.
for any advise i am very thankfull.
Aug 22nd 2003, 6:32 pm
#6
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Joined: May 2003
Location: Long Beach, CA
Posts: 398
My DH was refuseded entry at the LAX POE and simply sent back. He wasn't even given a statement to take back with him or anything. When we had our K-3 interview the ConOff said that LAX did my husband a favor ... anyways, we didn't have to file a I-212 waiver... but do have a I-601 pending for his overstay and CIMT.
Good luck! Laura
Good luck! Laura
Aug 22nd 2003, 9:00 pm
#7
Charlie Tuna
Joined: Jun 2003
Location: Sacramento, Ca
Posts: 1,387
BeachBunny, Still no news on the I-601?
Aug 23rd 2003, 2:48 am
#8
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Joined: May 2003
Location: Long Beach, CA
Posts: 398
Nope! It's been just over 4 weeks now.. they told us 6-8 weeks for a decision... they've been telling telling everyone else 2-8, 3-4 etc.. so I figure they planned on really looking ours over carefully!
I'm heading down to Baja CA, Mexico tomorrow to check out possible living areas... just in case! If they deny Leighton I want to be able to move him this way quick before he gets too depressed!
Thanks for asking!
I'm heading down to Baja CA, Mexico tomorrow to check out possible living areas... just in case! If they deny Leighton I want to be able to move him this way quick before he gets too depressed!
Thanks for asking!
Aug 23rd 2003, 5:16 am
#9
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Joined: Nov 2002
Posts: 63
GiveMeStrength and Beachbunny:
A few thoughts...
1. Yes we are going through an attorney, but even though he has had direct communication with the Consulate Director, he seems just as confused as I am about the whole process. He insists my 1-212 will be processed by BICE.
2. When we found out this would be a long process, we arranged for my wife to move from Mexico City to Baja California, since I live in north Los Angeles County. This was a great decision, which has made all the difference in our lives. I see my wife about every other weekend. It's not easy; she moved to Tijuana, one of the ugliest (dirtiest, etc) cities in all of mexico; and I rack up hundreds of miles of driving each week-- I've even had two (relatively minor) accidents because I drive so much. But it sure is worth it. We have survived this way for nearly two years!!! Best of luck to you.
DRVICS
A few thoughts...
1. Yes we are going through an attorney, but even though he has had direct communication with the Consulate Director, he seems just as confused as I am about the whole process. He insists my 1-212 will be processed by BICE.
2. When we found out this would be a long process, we arranged for my wife to move from Mexico City to Baja California, since I live in north Los Angeles County. This was a great decision, which has made all the difference in our lives. I see my wife about every other weekend. It's not easy; she moved to Tijuana, one of the ugliest (dirtiest, etc) cities in all of mexico; and I rack up hundreds of miles of driving each week-- I've even had two (relatively minor) accidents because I drive so much. But it sure is worth it. We have survived this way for nearly two years!!! Best of luck to you.
DRVICS
Aug 23rd 2003, 8:25 pm
#10
Guest
Posts: n/a
Re: i-212 not accepted at consulate?
As I've said, my husband had the identical situation as your wife and we filed
the 212 with the service center for our area after our I-130 was approved from
the same service center. We didn't need the 601 waiver.
>From: drvics
>Any feedback will be helpful.
>After waiting one year to finally have the consulate interview for K3, I
>was ready to turn in my I-212 (for spouse's previous entry refusal).
>And the consulate now tells me that I have to send the I-212 to the BICE
>in Texas (Dallas airport is where my spouse was refused entry/deported).
>Has anyone been told to send I-212 to BICE for adjudication? I worry it
>is going to the wrong place! Thanks.
>--
>Posted via http://britishexpats.com
the 212 with the service center for our area after our I-130 was approved from
the same service center. We didn't need the 601 waiver.
>From: drvics
>Any feedback will be helpful.
>After waiting one year to finally have the consulate interview for K3, I
>was ready to turn in my I-212 (for spouse's previous entry refusal).
>And the consulate now tells me that I have to send the I-212 to the BICE
>in Texas (Dallas airport is where my spouse was refused entry/deported).
>Has anyone been told to send I-212 to BICE for adjudication? I worry it
>is going to the wrong place! Thanks.
>--
>Posted via http://britishexpats.com
Aug 27th 2003, 4:02 am
#11
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 63
Re: i-212 not accepted at consulate?
Tbrghtmn:
I remember the advice you gave me almost a year ago. In fact, if I'm not mistaken, the attorney I am using was actually recommended to me by the attorney who helped you. The big question was whether to submit the i212 right away after NVC approval or wait until the consulate interview. Sometimes I regret having waited, even though this is what our attorney told us to do. What's done is done. I just hope it is now in the right place and moving along. By the way, did you get a receipt notice saying that your i-212 was received. Also, how did you finally get your 1-212 response and your visa? By mail? Through your lawyer?
Thanks for your continued help.
]Originally posted by Tbrghtmn
As I've said, my husband had the identical situation as your wife and we filed
the 212 with the service center for our area after our I-130 was approved from
the same service center. We didn't need the 601 waiver.
>From: drvics
>Any feedback will be helpful.
>After waiting one year to finally have the consulate interview for K3, I
>was ready to turn in my I-212 (for spouse's previous entry refusal).
>And the consulate now tells me that I have to send the I-212 to the BICE
>in Texas (Dallas airport is where my spouse was refused entry/deported).
>Has anyone been told to send I-212 to BICE for adjudication? I worry it
>is going to the wrong place! Thanks.
>--
>Posted via http://britishexpats.com [/QUOTE]
I remember the advice you gave me almost a year ago. In fact, if I'm not mistaken, the attorney I am using was actually recommended to me by the attorney who helped you. The big question was whether to submit the i212 right away after NVC approval or wait until the consulate interview. Sometimes I regret having waited, even though this is what our attorney told us to do. What's done is done. I just hope it is now in the right place and moving along. By the way, did you get a receipt notice saying that your i-212 was received. Also, how did you finally get your 1-212 response and your visa? By mail? Through your lawyer?
Thanks for your continued help.
]Originally posted by Tbrghtmn
As I've said, my husband had the identical situation as your wife and we filed
the 212 with the service center for our area after our I-130 was approved from
the same service center. We didn't need the 601 waiver.
>From: drvics
>Any feedback will be helpful.
>After waiting one year to finally have the consulate interview for K3, I
>was ready to turn in my I-212 (for spouse's previous entry refusal).
>And the consulate now tells me that I have to send the I-212 to the BICE
>in Texas (Dallas airport is where my spouse was refused entry/deported).
>Has anyone been told to send I-212 to BICE for adjudication? I worry it
>is going to the wrong place! Thanks.
>--
>Posted via http://britishexpats.com [/QUOTE]
Aug 27th 2003, 7:36 pm
#12
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Joined: Apr 2001
Posts: 397
Hi i had similar trouble a few years ago.
The non us citizen has to file the I-212, it cannot be filled in and filed by the US Citizen.
The waiver is then sent to the POE from where you were deported from. In my case we sent it to Kansas City.
The consulate wont accept the application but they will accept the decision letter which is returned to the Non US Citizen after the I-212 has been filed and the decision reached (hopefully a good decision!).
This waiver has to be filed and a decision made on it before any visa's are filed for. When you get an approval on the waiver, i would strongly suggest that you make copies and send them in with the application for the visa that you are applying for, this otherwise results in a denial. Also when dealing with the consulate take the original and a copy with you of the approval letter.
Hope this helps
The non us citizen has to file the I-212, it cannot be filled in and filed by the US Citizen.
The waiver is then sent to the POE from where you were deported from. In my case we sent it to Kansas City.
The consulate wont accept the application but they will accept the decision letter which is returned to the Non US Citizen after the I-212 has been filed and the decision reached (hopefully a good decision!).
This waiver has to be filed and a decision made on it before any visa's are filed for. When you get an approval on the waiver, i would strongly suggest that you make copies and send them in with the application for the visa that you are applying for, this otherwise results in a denial. Also when dealing with the consulate take the original and a copy with you of the approval letter.
Hope this helps
Aug 28th 2003, 1:58 am
#13
Guest
Posts: n/a
Re: i-212 not accepted at consulate?
Once we got approval of our I-130, we filed the waiver with the Service Center
for our region, Vermont. We didn't submit it to Houston where he was deported.
I did get a receipt notice for the I 212. I called the Service Center
regularly to find out the status and when I heard that it was approved, I
notified the lawyer. If I recall correctly, my husband hand carried the pk 3
to the embassy and got his interview date. I believe they already had all the
other documentation, I-130, 212 etc. On the day of the interview, we got the
visa. I think your delay was because you didn't submit the 212 after your
approval of the marriage. From what I've learned here, the 601 (which we
didn't need) has to be submitted after denial of the visa.
>From: drvics [email protected]
>Date: 8/27/03 12:02 AM Eastern Daylight Time
>I remember the advice you gave me almost a year ago. In fact, if I'm
>not mistaken, the attorney I am using was actually recommended to me by
>the attorney who helped you. The big question was whether to submit the
>i212 right away after NVC approval or wait until the consulate
>interview. Sometimes I regret having waited, even though this is what
>our attorney told us to do. What's done is done. I just hope it is now
>in the right place and moving along. By the way, did you get a receipt
>notice saying that your i-212 was received. Also, how did you finally
>get your 1-212 response and your visa? By mail? Through your lawyer?
>Thanks for your continued help.
for our region, Vermont. We didn't submit it to Houston where he was deported.
I did get a receipt notice for the I 212. I called the Service Center
regularly to find out the status and when I heard that it was approved, I
notified the lawyer. If I recall correctly, my husband hand carried the pk 3
to the embassy and got his interview date. I believe they already had all the
other documentation, I-130, 212 etc. On the day of the interview, we got the
visa. I think your delay was because you didn't submit the 212 after your
approval of the marriage. From what I've learned here, the 601 (which we
didn't need) has to be submitted after denial of the visa.
>From: drvics [email protected]
>Date: 8/27/03 12:02 AM Eastern Daylight Time
>I remember the advice you gave me almost a year ago. In fact, if I'm
>not mistaken, the attorney I am using was actually recommended to me by
>the attorney who helped you. The big question was whether to submit the
>i212 right away after NVC approval or wait until the consulate
>interview. Sometimes I regret having waited, even though this is what
>our attorney told us to do. What's done is done. I just hope it is now
>in the right place and moving along. By the way, did you get a receipt
>notice saying that your i-212 was received. Also, how did you finally
>get your 1-212 response and your visa? By mail? Through your lawyer?
>Thanks for your continued help.
Sep 8th 2003, 8:34 am
#14
YIPPEEEEEEEEE :)
Joined: Aug 2003
Location: Almost Lake Ozark Missouri.
Posts: 140
Laura
LOL, I will see you there.........we have considered moving to Canada or Mexico also, just to be nearer our family. I just mailed off our appeal for the I-601 denial today.
GOOD LUCK TO YOU GUYS!!!!
Sue
LOL, I will see you there.........we have considered moving to Canada or Mexico also, just to be nearer our family. I just mailed off our appeal for the I-601 denial today.
GOOD LUCK TO YOU GUYS!!!!
Sue
