I-601 issue
Mar 13th 2005, 2:26 pm
#1
Just Joined
Thread Starter
Joined: Mar 2005
Posts: 6
I-601 issue
Hello,
I'm currently in the process of my I-601 waiver case. and here is my story and how it began.
I came to the United States back in 1997 as a visitor and I attended two high schools. The first school (A) I attended approved me to have an I-20 and I became an F1 student. I transferred to a different private school. I was not advised by school (A) nor (B), not even my guardian that I needed a new I-20 for school (B). However, I was underage while all this accrued.
Two years later I graduated from school (B) (which is the limit time of my I-20 that I had from school (A)). Lately I noticed that I was out of status the whole time I was attending high school (B) for two years. I knew back then that reentering the states is impossible to me. So I tried to study computer certificates because it's not important to apply for an F1 student at company's premises for such certificates. Time for studying the certificates took too long (one year and a half -out of status time-). So at that time I knew I was out of status but I needed to go back to my home country with any profession.
After I finished I got my certificates I returned to my home country in the Middle East. I gave it a try to go and apply for a visitor visa but I was not accepted 'cause I was illegal for a certain period of time in the states. Time passed and I got engaged to a U.S citizen in March, 2003. I applied for a K-1 visa and I got approved by the USCIS in Dec, 2003. I attended my final meeting at the embassy in my country in Mar, 2004. The counselor advised me to apply for an I-601 waiver, which is what I expected. I applied for the I-601 waiver in April, 2004 and it was sent from the embassy in my home country to the embassy of Athens. I didn't know that I was out of status while attending school (B). So I stated in the I-601 that I was out of status for a year and a half. The expected process time was one month to seven months, and daahh it's always the longer period.
Anyways... I waited for the waiver to be approved until 01-Jan-2005. I received an RFE letter telling me that they found no records of my being in the United States.
So they asked me for a copy of my I-20 that states that it's from 1998-2000, the high school transcript that I attended, a letter from me of how, where and when I attended high school. And also a letter from my fiancé of how, where and when she met me (she visited me in my home country and that's how things started).
My U.S citizen fiancé is currently in the states and she notified the international institute adviser of the needed documents. The international institute adviser notified her that we're fine since they're not asking for more supporting hardship proofs papers.
In the letter that I had to reply for the RFE, I explained so many things including how no one advised me about applying for a new I-20 and I was seventeen years old at that time (underage). I also wrote that I can assure them that I was attending a high school the whole period from 1998-2000 (I was trying to prove that I was studying while I was out of status as I am considered and not doing anything else that is logically wrong). I sent the reply to the RFE a week ago with all the supported documents.
I was told by the counsel in the embassy back in my K-1 meeting that the time I was underage I would not be considered out of status anyways.
I sent all the needed documents including all governmental proofs like the F1 approvals, I-94 cards etc... .
To mention this again, I stated in the I-601 form that I was out of status only for one year and a half not knowing that I was out of status while attending school for two years too. I was underage until March, 1999. If the officer in DHS Athens wouldn't approve my waiver it would only be because the actual period of being out of status is three years instead of a year and a half. But after all, I'm completely honest in my explaining letter and the hardship papers that we provided previously are so true and believable and they had no problem with it.
my duration of study on the I-20 was from Aug,1998 to July,2000 . i turned 18 in Mar/xx/1999. so i'd guess the perhaps time of beying ouy of status while i was attending school is from March,1999 to to July,2000 which would add up to a year and four months.
after attending school i was out of status from July,2000 until i left the states in Jan,2002. simply, almost a year and a half of over staying and a year and four months that they officer in Athens might consider as an out of stay too.
so anyhow, what should i expect from the officer and how long woud it take for him to reply to me? after all, i never committed any crimes and INS never filed any deportation process against me.
My fiancé in the states tried to contact the international institute to get some ideas about what else we should expect. She asked more than one office and she tried to ask lawyers and international advisors. They all told her that it's good that the RFE requirements look simple in our case and at least they're not asking of any more hardship evidence.
The hardship letters my fiancé and i sent we're simple and honest. My fiancé explained in her letter the history of how we started dating each other four years before engagement. she also mentioned how hard it would be for her to leave the states and leave her whole family and friends that she grow up with. after a long explanation letter she finalized her letter explaining that if there is no way for me to go back she will have to leave the states and that would lead her to lose her family, university education, and ending up breaking up lease contracts and other things. her letter was supported with explanations to everything including specified explanation of how deeply in love we are. And how we can't wait to spend the rest of our life together.
We're both young and to mention this again, I wasn't involved in any criminal records. I viewed so many websites trying to see anything about the waiver process. it seems to me that 90% of people who apply do have problems like bad records and entering the states illegally. To be honest with you, sometimes i feel fine and i feel like i'm in the safe side trying to calm myself down. but time is the main factor here and it's like our life is on pause.
I turned in my F-1 with D/S on it back in Jan, 2005 but the embassy told me that they'll send it to Athens so they can have it in concern. in the other hand, I already sent all those papers because Athens already asked for it in the RFE. I just gave it a shot and tried because the embassy gave so much attention to it and told me that it might help. I don't think anyone at the embassy here knows how to deal with the waiver and it's kinda too odd for them probably to cancel a waiver. so they left everything to Athens to work on.
in the mean time, I don't know how long it takes after RFE note. since Jan, 23, 2005 we kept on trying to call Athens and all they say is "it's still pending" regardless of checking on our case or ever bother to hit any numbers on a keyboard. we're already in March now and my fiancé sent a fax trying to explain and beg the American officer at Athens and tell how hard it is for us to wait for the case since it started in April, 2003. She got the congressman follow-up our case from Ohio but no answers yet. Now that we both are so hopeless and no one can help, she's coming to visit me in my country (Jordan). She'll wait for my case with me for the next few months, then she must go back because of work.
In general, i think my case is only depending on the I-601 approval. whither Athens consider me out of states for 16 months or three years and few month, should i fear the situation regarding the waiver? since i never worked illegally, was never deported and Athens never asked me for more hardship letters, does this mean that the chance of the approval is more? I mean, from what i experienced from looking online, it seems like my waiver case is a lot simple than other cases. all cases online are people interning the states illegally or committing crimes and most of them still get approved.
My questions are:
Should I fear the decision the officer would take or am I in the safe side so far?
Incase of any denial RFE notes, what else is there to do? Would I have to apply for a new I-601 waiver and write that I was out of status for three years?
How long does it take the officer to give an answer?
(Any additional comments are highly appreciated. conversation is open and I'm sure it would benefit a lot of people)
_______________________________
Timeline:
04/16/03 - Applied for an I-129F
11/12/03 - I-129F online USCIS Approval
04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold requesting a waiver)
05/20/04 - Applied for I-601 with hardship evidence
01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was sent to)
01/24/05 - Reply to RFE was sent
01/27/05 - RFE documents reached Athens officer
waiting for an answer from Athens, Greece... (Praying to God)
I'm currently in the process of my I-601 waiver case. and here is my story and how it began.
I came to the United States back in 1997 as a visitor and I attended two high schools. The first school (A) I attended approved me to have an I-20 and I became an F1 student. I transferred to a different private school. I was not advised by school (A) nor (B), not even my guardian that I needed a new I-20 for school (B). However, I was underage while all this accrued.
Two years later I graduated from school (B) (which is the limit time of my I-20 that I had from school (A)). Lately I noticed that I was out of status the whole time I was attending high school (B) for two years. I knew back then that reentering the states is impossible to me. So I tried to study computer certificates because it's not important to apply for an F1 student at company's premises for such certificates. Time for studying the certificates took too long (one year and a half -out of status time-). So at that time I knew I was out of status but I needed to go back to my home country with any profession.
After I finished I got my certificates I returned to my home country in the Middle East. I gave it a try to go and apply for a visitor visa but I was not accepted 'cause I was illegal for a certain period of time in the states. Time passed and I got engaged to a U.S citizen in March, 2003. I applied for a K-1 visa and I got approved by the USCIS in Dec, 2003. I attended my final meeting at the embassy in my country in Mar, 2004. The counselor advised me to apply for an I-601 waiver, which is what I expected. I applied for the I-601 waiver in April, 2004 and it was sent from the embassy in my home country to the embassy of Athens. I didn't know that I was out of status while attending school (B). So I stated in the I-601 that I was out of status for a year and a half. The expected process time was one month to seven months, and daahh it's always the longer period.
Anyways... I waited for the waiver to be approved until 01-Jan-2005. I received an RFE letter telling me that they found no records of my being in the United States.
So they asked me for a copy of my I-20 that states that it's from 1998-2000, the high school transcript that I attended, a letter from me of how, where and when I attended high school. And also a letter from my fiancé of how, where and when she met me (she visited me in my home country and that's how things started).
My U.S citizen fiancé is currently in the states and she notified the international institute adviser of the needed documents. The international institute adviser notified her that we're fine since they're not asking for more supporting hardship proofs papers.
In the letter that I had to reply for the RFE, I explained so many things including how no one advised me about applying for a new I-20 and I was seventeen years old at that time (underage). I also wrote that I can assure them that I was attending a high school the whole period from 1998-2000 (I was trying to prove that I was studying while I was out of status as I am considered and not doing anything else that is logically wrong). I sent the reply to the RFE a week ago with all the supported documents.
I was told by the counsel in the embassy back in my K-1 meeting that the time I was underage I would not be considered out of status anyways.
I sent all the needed documents including all governmental proofs like the F1 approvals, I-94 cards etc... .
To mention this again, I stated in the I-601 form that I was out of status only for one year and a half not knowing that I was out of status while attending school for two years too. I was underage until March, 1999. If the officer in DHS Athens wouldn't approve my waiver it would only be because the actual period of being out of status is three years instead of a year and a half. But after all, I'm completely honest in my explaining letter and the hardship papers that we provided previously are so true and believable and they had no problem with it.
my duration of study on the I-20 was from Aug,1998 to July,2000 . i turned 18 in Mar/xx/1999. so i'd guess the perhaps time of beying ouy of status while i was attending school is from March,1999 to to July,2000 which would add up to a year and four months.
after attending school i was out of status from July,2000 until i left the states in Jan,2002. simply, almost a year and a half of over staying and a year and four months that they officer in Athens might consider as an out of stay too.
so anyhow, what should i expect from the officer and how long woud it take for him to reply to me? after all, i never committed any crimes and INS never filed any deportation process against me.
My fiancé in the states tried to contact the international institute to get some ideas about what else we should expect. She asked more than one office and she tried to ask lawyers and international advisors. They all told her that it's good that the RFE requirements look simple in our case and at least they're not asking of any more hardship evidence.
The hardship letters my fiancé and i sent we're simple and honest. My fiancé explained in her letter the history of how we started dating each other four years before engagement. she also mentioned how hard it would be for her to leave the states and leave her whole family and friends that she grow up with. after a long explanation letter she finalized her letter explaining that if there is no way for me to go back she will have to leave the states and that would lead her to lose her family, university education, and ending up breaking up lease contracts and other things. her letter was supported with explanations to everything including specified explanation of how deeply in love we are. And how we can't wait to spend the rest of our life together.
We're both young and to mention this again, I wasn't involved in any criminal records. I viewed so many websites trying to see anything about the waiver process. it seems to me that 90% of people who apply do have problems like bad records and entering the states illegally. To be honest with you, sometimes i feel fine and i feel like i'm in the safe side trying to calm myself down. but time is the main factor here and it's like our life is on pause.
I turned in my F-1 with D/S on it back in Jan, 2005 but the embassy told me that they'll send it to Athens so they can have it in concern. in the other hand, I already sent all those papers because Athens already asked for it in the RFE. I just gave it a shot and tried because the embassy gave so much attention to it and told me that it might help. I don't think anyone at the embassy here knows how to deal with the waiver and it's kinda too odd for them probably to cancel a waiver. so they left everything to Athens to work on.
in the mean time, I don't know how long it takes after RFE note. since Jan, 23, 2005 we kept on trying to call Athens and all they say is "it's still pending" regardless of checking on our case or ever bother to hit any numbers on a keyboard. we're already in March now and my fiancé sent a fax trying to explain and beg the American officer at Athens and tell how hard it is for us to wait for the case since it started in April, 2003. She got the congressman follow-up our case from Ohio but no answers yet. Now that we both are so hopeless and no one can help, she's coming to visit me in my country (Jordan). She'll wait for my case with me for the next few months, then she must go back because of work.
In general, i think my case is only depending on the I-601 approval. whither Athens consider me out of states for 16 months or three years and few month, should i fear the situation regarding the waiver? since i never worked illegally, was never deported and Athens never asked me for more hardship letters, does this mean that the chance of the approval is more? I mean, from what i experienced from looking online, it seems like my waiver case is a lot simple than other cases. all cases online are people interning the states illegally or committing crimes and most of them still get approved.
My questions are:
Should I fear the decision the officer would take or am I in the safe side so far?
Incase of any denial RFE notes, what else is there to do? Would I have to apply for a new I-601 waiver and write that I was out of status for three years?
How long does it take the officer to give an answer?
(Any additional comments are highly appreciated. conversation is open and I'm sure it would benefit a lot of people)
_______________________________
Timeline:
04/16/03 - Applied for an I-129F
11/12/03 - I-129F online USCIS Approval
04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold requesting a waiver)
05/20/04 - Applied for I-601 with hardship evidence
01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was sent to)
01/24/05 - Reply to RFE was sent
01/27/05 - RFE documents reached Athens officer
waiting for an answer from Athens, Greece... (Praying to God)
Mar 13th 2005, 2:39 pm
#2
BE Forum Addict
Joined: Feb 2004
Location: Philadelphia, PA
Posts: 1,516
Re: I-601 issue
Yikes. I really do not have any advice for you, but I did just want to wish you good luck...
Mar 13th 2005, 2:49 pm
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-601 issue
Originally Posted by mr_art03
... after a long explanation letter she finalized her letter explaining that if there is no way for me to go back she will have to leave the states and that would lead her to lose her family, university education, and ending up breaking up lease contracts and other things.
... her letter was supported with explanations to everything including specified explanation of how deeply in love we are. And how we can't wait to spend the rest of our life together.
Ian
Mar 13th 2005, 4:40 pm
#4
Cool Member
Joined: Jul 2004
Location: Oregon
Posts: 1,084
Re: I-601 issue
Originally Posted by mr_art03
Hello,
I'm currently in the process of my I-601 waiver case. and here is my story and how it began.
My questions are:
Should I fear the decision the officer would take or am I in the safe side so far?
Incase of any denial RFE notes, what else is there to do? Would I have to apply for a new I-601 waiver and write that I was out of status for three years?
How long does it take the officer to give an answer?
(Any additional comments are highly appreciated. conversation is open and I'm sure it would benefit a lot of people)
_______________________________
Timeline:
04/16/03 - Applied for an I-129F
11/12/03 - I-129F online USCIS Approval
04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold requesting a waiver)
05/20/04 - Applied for I-601 with hardship evidence
01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was sent to)
01/24/05 - Reply to RFE was sent
01/27/05 - RFE documents reached Athens officer
waiting for an answer from Athens, Greece... (Praying to God)
I'm currently in the process of my I-601 waiver case. and here is my story and how it began.
My questions are:
Should I fear the decision the officer would take or am I in the safe side so far?
Incase of any denial RFE notes, what else is there to do? Would I have to apply for a new I-601 waiver and write that I was out of status for three years?
How long does it take the officer to give an answer?
(Any additional comments are highly appreciated. conversation is open and I'm sure it would benefit a lot of people)
_______________________________
Timeline:
04/16/03 - Applied for an I-129F
11/12/03 - I-129F online USCIS Approval
04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold requesting a waiver)
05/20/04 - Applied for I-601 with hardship evidence
01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was sent to)
01/24/05 - Reply to RFE was sent
01/27/05 - RFE documents reached Athens officer
waiting for an answer from Athens, Greece... (Praying to God)
I dont have any experience with a waiver, but i also wanted to wish you good luck and i hope that you can connect with someone who has been thru this also and can maybe offer you some reassurances or advice.
Marnee
Mar 13th 2005, 5:26 pm
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-601 issue
Originally Posted by mr_art03
Hello,
I'm currently in the process of my I-601 waiver case. and here is my story and how it began.
I came to the United States back in 1997 as a visitor and I attended two high schools. The first school (A) I attended approved me to have an I-20 and I became an F1 student. I transferred to a different private school. I was not advised by school (A) nor (B), not even my guardian that I needed a new I-20 for school (B). However, I was underage while all this accrued.
Two years later I graduated from school (B) (which is the limit time of my I-20 that I had from school (A)). Lately I noticed that I was out of status the whole time I was attending high school (B) for two years. I knew back then that reentering the states is impossible to me. So I tried to study computer certificates because it's not important to apply for an F1 student at company's premises for such certificates. Time for studying the certificates took too long (one year and a half -out of status time-). So at that time I knew I was out of status but I needed to go back to my home country with any profession.
After I finished I got my certificates I returned to my home country in the Middle East. I gave it a try to go and apply for a visitor visa but I was not accepted 'cause I was illegal for a certain period of time in the states. Time passed and I got engaged to a U.S citizen in March, 2003. I applied for a K-1 visa and I got approved by the USCIS in Dec, 2003. I attended my final meeting at the embassy in my country in Mar, 2004. The counselor advised me to apply for an I-601 waiver, which is what I expected. I applied for the I-601 waiver in April, 2004 and it was sent from the embassy in my home country to the embassy of Athens. I didn't know that I was out of status while attending school (B). So I stated in the I-601 that I was out of status for a year and a half. The expected process time was one month to seven months, and daahh it's always the longer period.
Anyways... I waited for the waiver to be approved until 01-Jan-2005. I received an RFE letter telling me that they found no records of my being in the United States.
So they asked me for a copy of my I-20 that states that it's from 1998-2000, the high school transcript that I attended, a letter from me of how, where and when I attended high school. And also a letter from my fiancé of how, where and when she met me (she visited me in my home country and that's how things started).
My U.S citizen fiancé is currently in the states and she notified the international institute adviser of the needed documents. The international institute adviser notified her that we're fine since they're not asking for more supporting hardship proofs papers.
In the letter that I had to reply for the RFE, I explained so many things including how no one advised me about applying for a new I-20 and I was seventeen years old at that time (underage). I also wrote that I can assure them that I was attending a high school the whole period from 1998-2000 (I was trying to prove that I was studying while I was out of status as I am considered and not doing anything else that is logically wrong). I sent the reply to the RFE a week ago with all the supported documents.
I was told by the counsel in the embassy back in my K-1 meeting that the time I was underage I would not be considered out of status anyways.
I sent all the needed documents including all governmental proofs like the F1 approvals, I-94 cards etc... .
To mention this again, I stated in the I-601 form that I was out of status only for one year and a half not knowing that I was out of status while attending school for two years too. I was underage until March, 1999. If the officer in DHS Athens wouldn't approve my waiver it would only be because the actual period of being out of status is three years instead of a year and a half. But after all, I'm completely honest in my explaining letter and the hardship papers that we provided previously are so true and believable and they had no problem with it.
my duration of study on the I-20 was from Aug,1998 to July,2000 . i turned 18 in Mar/xx/1999. so i'd guess the perhaps time of beying ouy of status while i was attending school is from March,1999 to to July,2000 which would add up to a year and four months.
after attending school i was out of status from July,2000 until i left the states in Jan,2002. simply, almost a year and a half of over staying and a year and four months that they officer in Athens might consider as an out of stay too.
so anyhow, what should i expect from the officer and how long woud it take for him to reply to me? after all, i never committed any crimes and INS never filed any deportation process against me.
My fiancé in the states tried to contact the international institute to get some ideas about what else we should expect. She asked more than one office and she tried to ask lawyers and international advisors. They all told her that it's good that the RFE requirements look simple in our case and at least they're not asking of any more hardship evidence.
The hardship letters my fiancé and i sent we're simple and honest. My fiancé explained in her letter the history of how we started dating each other four years before engagement. she also mentioned how hard it would be for her to leave the states and leave her whole family and friends that she grow up with. after a long explanation letter she finalized her letter explaining that if there is no way for me to go back she will have to leave the states and that would lead her to lose her family, university education, and ending up breaking up lease contracts and other things. her letter was supported with explanations to everything including specified explanation of how deeply in love we are. And how we can't wait to spend the rest of our life together.
We're both young and to mention this again, I wasn't involved in any criminal records. I viewed so many websites trying to see anything about the waiver process. it seems to me that 90% of people who apply do have problems like bad records and entering the states illegally. To be honest with you, sometimes i feel fine and i feel like i'm in the safe side trying to calm myself down. but time is the main factor here and it's like our life is on pause.
I turned in my F-1 with D/S on it back in Jan, 2005 but the embassy told me that they'll send it to Athens so they can have it in concern. in the other hand, I already sent all those papers because Athens already asked for it in the RFE. I just gave it a shot and tried because the embassy gave so much attention to it and told me that it might help. I don't think anyone at the embassy here knows how to deal with the waiver and it's kinda too odd for them probably to cancel a waiver. so they left everything to Athens to work on.
in the mean time, I don't know how long it takes after RFE note. since Jan, 23, 2005 we kept on trying to call Athens and all they say is "it's still pending" regardless of checking on our case or ever bother to hit any numbers on a keyboard. we're already in March now and my fiancé sent a fax trying to explain and beg the American officer at Athens and tell how hard it is for us to wait for the case since it started in April, 2003. She got the congressman follow-up our case from Ohio but no answers yet. Now that we both are so hopeless and no one can help, she's coming to visit me in my country (Jordan). She'll wait for my case with me for the next few months, then she must go back because of work.
In general, i think my case is only depending on the I-601 approval. whither Athens consider me out of states for 16 months or three years and few month, should i fear the situation regarding the waiver? since i never worked illegally, was never deported and Athens never asked me for more hardship letters, does this mean that the chance of the approval is more? I mean, from what i experienced from looking online, it seems like my waiver case is a lot simple than other cases. all cases online are people interning the states illegally or committing crimes and most of them still get approved.
My questions are:
Should I fear the decision the officer would take or am I in the safe side so far?
Incase of any denial RFE notes, what else is there to do? Would I have to apply for a new I-601 waiver and write that I was out of status for three years?
How long does it take the officer to give an answer?
(Any additional comments are highly appreciated. conversation is open and I'm sure it would benefit a lot of people)
_______________________________
Timeline:
04/16/03 - Applied for an I-129F
11/12/03 - I-129F online USCIS Approval
04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold requesting a waiver)
05/20/04 - Applied for I-601 with hardship evidence
01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was sent to)
01/24/05 - Reply to RFE was sent
01/27/05 - RFE documents reached Athens officer
waiting for an answer from Athens, Greece... (Praying to God)
I'm currently in the process of my I-601 waiver case. and here is my story and how it began.
I came to the United States back in 1997 as a visitor and I attended two high schools. The first school (A) I attended approved me to have an I-20 and I became an F1 student. I transferred to a different private school. I was not advised by school (A) nor (B), not even my guardian that I needed a new I-20 for school (B). However, I was underage while all this accrued.
Two years later I graduated from school (B) (which is the limit time of my I-20 that I had from school (A)). Lately I noticed that I was out of status the whole time I was attending high school (B) for two years. I knew back then that reentering the states is impossible to me. So I tried to study computer certificates because it's not important to apply for an F1 student at company's premises for such certificates. Time for studying the certificates took too long (one year and a half -out of status time-). So at that time I knew I was out of status but I needed to go back to my home country with any profession.
After I finished I got my certificates I returned to my home country in the Middle East. I gave it a try to go and apply for a visitor visa but I was not accepted 'cause I was illegal for a certain period of time in the states. Time passed and I got engaged to a U.S citizen in March, 2003. I applied for a K-1 visa and I got approved by the USCIS in Dec, 2003. I attended my final meeting at the embassy in my country in Mar, 2004. The counselor advised me to apply for an I-601 waiver, which is what I expected. I applied for the I-601 waiver in April, 2004 and it was sent from the embassy in my home country to the embassy of Athens. I didn't know that I was out of status while attending school (B). So I stated in the I-601 that I was out of status for a year and a half. The expected process time was one month to seven months, and daahh it's always the longer period.
Anyways... I waited for the waiver to be approved until 01-Jan-2005. I received an RFE letter telling me that they found no records of my being in the United States.
So they asked me for a copy of my I-20 that states that it's from 1998-2000, the high school transcript that I attended, a letter from me of how, where and when I attended high school. And also a letter from my fiancé of how, where and when she met me (she visited me in my home country and that's how things started).
My U.S citizen fiancé is currently in the states and she notified the international institute adviser of the needed documents. The international institute adviser notified her that we're fine since they're not asking for more supporting hardship proofs papers.
In the letter that I had to reply for the RFE, I explained so many things including how no one advised me about applying for a new I-20 and I was seventeen years old at that time (underage). I also wrote that I can assure them that I was attending a high school the whole period from 1998-2000 (I was trying to prove that I was studying while I was out of status as I am considered and not doing anything else that is logically wrong). I sent the reply to the RFE a week ago with all the supported documents.
I was told by the counsel in the embassy back in my K-1 meeting that the time I was underage I would not be considered out of status anyways.
I sent all the needed documents including all governmental proofs like the F1 approvals, I-94 cards etc... .
To mention this again, I stated in the I-601 form that I was out of status only for one year and a half not knowing that I was out of status while attending school for two years too. I was underage until March, 1999. If the officer in DHS Athens wouldn't approve my waiver it would only be because the actual period of being out of status is three years instead of a year and a half. But after all, I'm completely honest in my explaining letter and the hardship papers that we provided previously are so true and believable and they had no problem with it.
my duration of study on the I-20 was from Aug,1998 to July,2000 . i turned 18 in Mar/xx/1999. so i'd guess the perhaps time of beying ouy of status while i was attending school is from March,1999 to to July,2000 which would add up to a year and four months.
after attending school i was out of status from July,2000 until i left the states in Jan,2002. simply, almost a year and a half of over staying and a year and four months that they officer in Athens might consider as an out of stay too.
so anyhow, what should i expect from the officer and how long woud it take for him to reply to me? after all, i never committed any crimes and INS never filed any deportation process against me.
My fiancé in the states tried to contact the international institute to get some ideas about what else we should expect. She asked more than one office and she tried to ask lawyers and international advisors. They all told her that it's good that the RFE requirements look simple in our case and at least they're not asking of any more hardship evidence.
The hardship letters my fiancé and i sent we're simple and honest. My fiancé explained in her letter the history of how we started dating each other four years before engagement. she also mentioned how hard it would be for her to leave the states and leave her whole family and friends that she grow up with. after a long explanation letter she finalized her letter explaining that if there is no way for me to go back she will have to leave the states and that would lead her to lose her family, university education, and ending up breaking up lease contracts and other things. her letter was supported with explanations to everything including specified explanation of how deeply in love we are. And how we can't wait to spend the rest of our life together.
We're both young and to mention this again, I wasn't involved in any criminal records. I viewed so many websites trying to see anything about the waiver process. it seems to me that 90% of people who apply do have problems like bad records and entering the states illegally. To be honest with you, sometimes i feel fine and i feel like i'm in the safe side trying to calm myself down. but time is the main factor here and it's like our life is on pause.
I turned in my F-1 with D/S on it back in Jan, 2005 but the embassy told me that they'll send it to Athens so they can have it in concern. in the other hand, I already sent all those papers because Athens already asked for it in the RFE. I just gave it a shot and tried because the embassy gave so much attention to it and told me that it might help. I don't think anyone at the embassy here knows how to deal with the waiver and it's kinda too odd for them probably to cancel a waiver. so they left everything to Athens to work on.
in the mean time, I don't know how long it takes after RFE note. since Jan, 23, 2005 we kept on trying to call Athens and all they say is "it's still pending" regardless of checking on our case or ever bother to hit any numbers on a keyboard. we're already in March now and my fiancé sent a fax trying to explain and beg the American officer at Athens and tell how hard it is for us to wait for the case since it started in April, 2003. She got the congressman follow-up our case from Ohio but no answers yet. Now that we both are so hopeless and no one can help, she's coming to visit me in my country (Jordan). She'll wait for my case with me for the next few months, then she must go back because of work.
In general, i think my case is only depending on the I-601 approval. whither Athens consider me out of states for 16 months or three years and few month, should i fear the situation regarding the waiver? since i never worked illegally, was never deported and Athens never asked me for more hardship letters, does this mean that the chance of the approval is more? I mean, from what i experienced from looking online, it seems like my waiver case is a lot simple than other cases. all cases online are people interning the states illegally or committing crimes and most of them still get approved.
My questions are:
Should I fear the decision the officer would take or am I in the safe side so far?
Incase of any denial RFE notes, what else is there to do? Would I have to apply for a new I-601 waiver and write that I was out of status for three years?
How long does it take the officer to give an answer?
(Any additional comments are highly appreciated. conversation is open and I'm sure it would benefit a lot of people)
_______________________________
Timeline:
04/16/03 - Applied for an I-129F
11/12/03 - I-129F online USCIS Approval
04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold requesting a waiver)
05/20/04 - Applied for I-601 with hardship evidence
01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was sent to)
01/24/05 - Reply to RFE was sent
01/27/05 - RFE documents reached Athens officer
waiting for an answer from Athens, Greece... (Praying to God)
Just out of curiosity, why do you need an I-601? In the long post, I saw nothing that would suggest you needed it.
Please clarify.
Mar 15th 2005, 6:28 am
#6
Guest
Posts: n/a
Re: I-601 issue
Folinskyinla wrote:
>>Hello,
>>I'm currently in the process of my I-601 waiver case. and here is my
>>story and how it began.
>>I came to the United States back in 1997 as a visitor and I attended
>>two high schools. The first school (A) I attended approved me to have
>>an I-20 and I became an F1 student. I transferred to a different
>>private school. I was not advised by school (A) nor (B), not even my
>>guardian that I needed a new I-20 for school (B). However, I was
>>underage while all this accrued.
>>Two years later I graduated from school (B) (which is the limit time
>>of my I-20 that I had from school (A)). Lately I noticed that I was
>>out of status the whole time I was attending high school (B) for two
>>years. I knew back then that reentering the states is impossible to
>>me. So I tried to study computer certificates because it's not
>>important to apply for an F1 student at company's premises for such
>>certificates. Time for studying the certificates took too long (one
>>year and a half -out of status time-). So at that time I knew I was
>>out of status but I needed to go back to my home country with any
>>profession.
>>After I finished I got my certificates I returned to my home country
>>in the Middle East. I gave it a try to go and apply for a visitor visa
>>but I was not accepted 'cause I was illegal for a certain period of
>>time in the states. Time passed and I got engaged to a U.S citizen in
>>March, 2003. I applied for a K-1 visa and I got approved by the USCIS
>>in Dec, 2003. I attended my final meeting at the embassy in my country
>>in Mar, 2004. The counselor advised me to apply for an I-601 waiver,
>>which is what I expected. I applied for the I-601 waiver in April,
>>2004 and it was sent from the embassy in my home country to the
>>embassy of Athens. I didn't know that I was out of status while
>>attending school (B). So I stated in the I-601 that I was out of
>>status for a year and a half. The expected process time was one month
>>to seven months, and daahh it's always the longer period.
>>Anyways... I waited for the waiver to be approved until 01-Jan-2005. I
>>received an RFE letter telling me that they found no records of my
>>being in the United States.
>>So they asked me for a copy of my I-20 that states that it's from 1998-
>>2000, the high school transcript that I attended, a letter from me of
>>how, where and when I attended high school. And also a letter from my
>>fiancé of how, where and when she met me (she visited me in my home
>>country and that's how things started).
>>My U.S citizen fiancé is currently in the states and she notified the
>>international institute adviser of the needed documents. The
>>international institute adviser notified her that we're fine since
>>they're not asking for more supporting hardship proofs papers.
>>In the letter that I had to reply for the RFE, I explained so many
>>things including how no one advised me about applying for a new I-20
>>and I was seventeen years old at that time (underage). I also wrote
>>that I can assure them that I was attending a high school the whole
>>period from 1998-2000 (I was trying to prove that I was studying while
>>I was out of status as I am considered and not doing anything else
>>that is logically wrong). I sent the reply to the RFE a week ago with
>>all the supported documents.
>>I was told by the counsel in the embassy back in my K-1 meeting that
>>the time I was underage I would not be considered out of status
>>anyways.
>>I sent all the needed documents including all governmental proofs like
>>the F1 approvals, I-94 cards etc... .
>>To mention this again, I stated in the I-601 form that I was out of
>>status only for one year and a half not knowing that I was out of
>>status while attending school for two years too. I was underage until
>>March, 1999. If the officer in DHS Athens wouldn't approve my waiver
>>it would only be because the actual period of being out of status is
>>three years instead of a year and a half. But after all, I'm
>>completely honest in my explaining letter and the hardship papers that
>>we provided previously are so true and believable and they had no
>>problem with it.
>>my duration of study on the I-20 was from Aug,1998 to July,2000 . i
>>turned 18 in Mar/xx/1999. so i'd guess the perhaps time of beying ouy
>>of status while i was attending school is from March,1999 to to
>>July,2000 which would add up to a year and four months.
>>after attending school i was out of status from July,2000 until i left
>>the states in Jan,2002. simply, almost a year and a half of over
>>staying and a year and four months that they officer in Athens might
>>consider as an out of stay too.
>>so anyhow, what should i expect from the officer and how long woud it
>>take for him to reply to me? after all, i never committed any crimes
>>and INS never filed any deportation process against me.
>>My fiancé in the states tried to contact the international institute
>>to get some ideas about what else we should expect. She asked more
>>than one office and she tried to ask lawyers and international
>>advisors. They all told her that it's good that the RFE requirements
>>look simple in our case and at least they're not asking of any more
>>hardship evidence.
>>The hardship letters my fiancé and i sent we're simple and honest. My
>>fiancé explained in her letter the history of how we started dating
>>each other four years before engagement. she also mentioned how hard
>>it would be for her to leave the states and leave her whole family and
>>friends that she grow up with. after a long explanation letter she
>>finalized her letter explaining that if there is no way for me to go
>>back she will have to leave the states and that would lead her to lose
>>her family, university education, and ending up breaking up lease
>>contracts and other things. her letter was supported with explanations
>>to everything including specified explanation of how deeply in love we
>>are. And how we can't wait to spend the rest of our life together.
>>We're both young and to mention this again, I wasn't involved in any
>>criminal records. I viewed so many websites trying to see anything
>>about the waiver process. it seems to me that 90% of people who apply
>>do have problems like bad records and entering the states illegally.
>>To be honest with you, sometimes i feel fine and i feel like i'm in
>>the safe side trying to calm myself down. but time is the main factor
>>here and it's like our life is on pause.
>>I turned in my F-1 with D/S on it back in Jan, 2005 but the embassy
>>told me that they'll send it to Athens so they can have it in concern.
>>in the other hand, I already sent all those papers because Athens
>>already asked for it in the RFE. I just gave it a shot and tried
>>because the embassy gave so much attention to it and told me that it
>>might help. I don't think anyone at the embassy here knows how to deal
>>with the waiver and it's kinda too odd for them probably to cancel a
>>waiver. so they left everything to Athens to work on.
>>in the mean time, I don't know how long it takes after RFE note. since
>>Jan, 23, 2005 we kept on trying to call Athens and all they say is
>>"it's still pending" regardless of checking on our case or ever bother
>>to hit any numbers on a keyboard. we're already in March now and my
>>fiancé sent a fax trying to explain and beg the American officer at
>>Athens and tell how hard it is for us to wait for the case since it
>>started in April, 2003. She got the congressman follow-up our case
>>from Ohio but no answers yet. Now that we both are so hopeless and no
>>one can help, she's coming to visit me in my country (Jordan). She'll
>>wait for my case with me for the next few months, then she must go
>>back because of work.
>>In general, i think my case is only depending on the I-601 approval.
>>whither Athens consider me out of states for 16 months or three years
>>and few month, should i fear the situation regarding the waiver? since
>>i never worked illegally, was never deported and Athens never asked me
>>for more hardship letters, does this mean that the chance of the
>>approval is more? I mean, from what i experienced from looking online,
>>it seems like my waiver case is a lot simple than other cases. all
>>cases online are people interning the states illegally or committing
>>crimes and most of them still get approved.
>>My questions are:
>>Should I fear the decision the officer would take or am I in the safe
>>side so far?
>>Incase of any denial RFE notes, what else is there to do? Would I have
>>to apply for a new I-601 waiver and write that I was out of status for
>>three years?
>>How long does it take the officer to give an answer?
>>(Any additional comments are highly appreciated. conversation is open
>>and I'm sure it would benefit a lot of people)
>>_______________________________
>>Timeline:
>>04/16/03 - Applied for an I-129F
>>11/12/03 - I-129F online USCIS Approval
>>04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold
>> requesting a waiver)
>>05/20/04 - Applied for I-601 with hardship evidence
>>01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was
>> sent to)
>>01/24/05 - Reply to RFE was sent
>>01/27/05 - RFE documents reached Athens officer
>> waiting for an answer from Athens, Greece... (Praying to God)
>
>
> Hi:
>
> Just out of curiosity, why do you need an I-601? In the long post, I
> saw nothing that would suggest you needed it.
>
> Please clarify.
>
He says (I think) that the conoff told him to submit one. Maybe he
didn't need one but that's why he did it.
I can't tell what his birthdate is from his post, but it sounds like
212(a)(9) is the issue.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>>Hello,
>>I'm currently in the process of my I-601 waiver case. and here is my
>>story and how it began.
>>I came to the United States back in 1997 as a visitor and I attended
>>two high schools. The first school (A) I attended approved me to have
>>an I-20 and I became an F1 student. I transferred to a different
>>private school. I was not advised by school (A) nor (B), not even my
>>guardian that I needed a new I-20 for school (B). However, I was
>>underage while all this accrued.
>>Two years later I graduated from school (B) (which is the limit time
>>of my I-20 that I had from school (A)). Lately I noticed that I was
>>out of status the whole time I was attending high school (B) for two
>>years. I knew back then that reentering the states is impossible to
>>me. So I tried to study computer certificates because it's not
>>important to apply for an F1 student at company's premises for such
>>certificates. Time for studying the certificates took too long (one
>>year and a half -out of status time-). So at that time I knew I was
>>out of status but I needed to go back to my home country with any
>>profession.
>>After I finished I got my certificates I returned to my home country
>>in the Middle East. I gave it a try to go and apply for a visitor visa
>>but I was not accepted 'cause I was illegal for a certain period of
>>time in the states. Time passed and I got engaged to a U.S citizen in
>>March, 2003. I applied for a K-1 visa and I got approved by the USCIS
>>in Dec, 2003. I attended my final meeting at the embassy in my country
>>in Mar, 2004. The counselor advised me to apply for an I-601 waiver,
>>which is what I expected. I applied for the I-601 waiver in April,
>>2004 and it was sent from the embassy in my home country to the
>>embassy of Athens. I didn't know that I was out of status while
>>attending school (B). So I stated in the I-601 that I was out of
>>status for a year and a half. The expected process time was one month
>>to seven months, and daahh it's always the longer period.
>>Anyways... I waited for the waiver to be approved until 01-Jan-2005. I
>>received an RFE letter telling me that they found no records of my
>>being in the United States.
>>So they asked me for a copy of my I-20 that states that it's from 1998-
>>2000, the high school transcript that I attended, a letter from me of
>>how, where and when I attended high school. And also a letter from my
>>fiancé of how, where and when she met me (she visited me in my home
>>country and that's how things started).
>>My U.S citizen fiancé is currently in the states and she notified the
>>international institute adviser of the needed documents. The
>>international institute adviser notified her that we're fine since
>>they're not asking for more supporting hardship proofs papers.
>>In the letter that I had to reply for the RFE, I explained so many
>>things including how no one advised me about applying for a new I-20
>>and I was seventeen years old at that time (underage). I also wrote
>>that I can assure them that I was attending a high school the whole
>>period from 1998-2000 (I was trying to prove that I was studying while
>>I was out of status as I am considered and not doing anything else
>>that is logically wrong). I sent the reply to the RFE a week ago with
>>all the supported documents.
>>I was told by the counsel in the embassy back in my K-1 meeting that
>>the time I was underage I would not be considered out of status
>>anyways.
>>I sent all the needed documents including all governmental proofs like
>>the F1 approvals, I-94 cards etc... .
>>To mention this again, I stated in the I-601 form that I was out of
>>status only for one year and a half not knowing that I was out of
>>status while attending school for two years too. I was underage until
>>March, 1999. If the officer in DHS Athens wouldn't approve my waiver
>>it would only be because the actual period of being out of status is
>>three years instead of a year and a half. But after all, I'm
>>completely honest in my explaining letter and the hardship papers that
>>we provided previously are so true and believable and they had no
>>problem with it.
>>my duration of study on the I-20 was from Aug,1998 to July,2000 . i
>>turned 18 in Mar/xx/1999. so i'd guess the perhaps time of beying ouy
>>of status while i was attending school is from March,1999 to to
>>July,2000 which would add up to a year and four months.
>>after attending school i was out of status from July,2000 until i left
>>the states in Jan,2002. simply, almost a year and a half of over
>>staying and a year and four months that they officer in Athens might
>>consider as an out of stay too.
>>so anyhow, what should i expect from the officer and how long woud it
>>take for him to reply to me? after all, i never committed any crimes
>>and INS never filed any deportation process against me.
>>My fiancé in the states tried to contact the international institute
>>to get some ideas about what else we should expect. She asked more
>>than one office and she tried to ask lawyers and international
>>advisors. They all told her that it's good that the RFE requirements
>>look simple in our case and at least they're not asking of any more
>>hardship evidence.
>>The hardship letters my fiancé and i sent we're simple and honest. My
>>fiancé explained in her letter the history of how we started dating
>>each other four years before engagement. she also mentioned how hard
>>it would be for her to leave the states and leave her whole family and
>>friends that she grow up with. after a long explanation letter she
>>finalized her letter explaining that if there is no way for me to go
>>back she will have to leave the states and that would lead her to lose
>>her family, university education, and ending up breaking up lease
>>contracts and other things. her letter was supported with explanations
>>to everything including specified explanation of how deeply in love we
>>are. And how we can't wait to spend the rest of our life together.
>>We're both young and to mention this again, I wasn't involved in any
>>criminal records. I viewed so many websites trying to see anything
>>about the waiver process. it seems to me that 90% of people who apply
>>do have problems like bad records and entering the states illegally.
>>To be honest with you, sometimes i feel fine and i feel like i'm in
>>the safe side trying to calm myself down. but time is the main factor
>>here and it's like our life is on pause.
>>I turned in my F-1 with D/S on it back in Jan, 2005 but the embassy
>>told me that they'll send it to Athens so they can have it in concern.
>>in the other hand, I already sent all those papers because Athens
>>already asked for it in the RFE. I just gave it a shot and tried
>>because the embassy gave so much attention to it and told me that it
>>might help. I don't think anyone at the embassy here knows how to deal
>>with the waiver and it's kinda too odd for them probably to cancel a
>>waiver. so they left everything to Athens to work on.
>>in the mean time, I don't know how long it takes after RFE note. since
>>Jan, 23, 2005 we kept on trying to call Athens and all they say is
>>"it's still pending" regardless of checking on our case or ever bother
>>to hit any numbers on a keyboard. we're already in March now and my
>>fiancé sent a fax trying to explain and beg the American officer at
>>Athens and tell how hard it is for us to wait for the case since it
>>started in April, 2003. She got the congressman follow-up our case
>>from Ohio but no answers yet. Now that we both are so hopeless and no
>>one can help, she's coming to visit me in my country (Jordan). She'll
>>wait for my case with me for the next few months, then she must go
>>back because of work.
>>In general, i think my case is only depending on the I-601 approval.
>>whither Athens consider me out of states for 16 months or three years
>>and few month, should i fear the situation regarding the waiver? since
>>i never worked illegally, was never deported and Athens never asked me
>>for more hardship letters, does this mean that the chance of the
>>approval is more? I mean, from what i experienced from looking online,
>>it seems like my waiver case is a lot simple than other cases. all
>>cases online are people interning the states illegally or committing
>>crimes and most of them still get approved.
>>My questions are:
>>Should I fear the decision the officer would take or am I in the safe
>>side so far?
>>Incase of any denial RFE notes, what else is there to do? Would I have
>>to apply for a new I-601 waiver and write that I was out of status for
>>three years?
>>How long does it take the officer to give an answer?
>>(Any additional comments are highly appreciated. conversation is open
>>and I'm sure it would benefit a lot of people)
>>_______________________________
>>Timeline:
>>04/16/03 - Applied for an I-129F
>>11/12/03 - I-129F online USCIS Approval
>>04/26/04 - Final meeting for K-1 to be approved (unfortunately on hold
>> requesting a waiver)
>>05/20/04 - Applied for I-601 with hardship evidence
>>01/07/05 - RFE for I-601 from Athens, Greece (Where the waiver was
>> sent to)
>>01/24/05 - Reply to RFE was sent
>>01/27/05 - RFE documents reached Athens officer
>> waiting for an answer from Athens, Greece... (Praying to God)
>
>
> Hi:
>
> Just out of curiosity, why do you need an I-601? In the long post, I
> saw nothing that would suggest you needed it.
>
> Please clarify.
>
He says (I think) that the conoff told him to submit one. Maybe he
didn't need one but that's why he did it.
I can't tell what his birthdate is from his post, but it sounds like
212(a)(9) is the issue.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Mar 15th 2005, 2:05 pm
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-601 issue
Jonathan:
He mentions the age and the unlawful presence was after age 17. What I don't see is any event that would start the "clock" running insamuch as F-1's are "D/S".
In my experience, the ConOffs are pretty savvy on that issue. Especially by now.
He mentions the age and the unlawful presence was after age 17. What I don't see is any event that would start the "clock" running insamuch as F-1's are "D/S".
In my experience, the ConOffs are pretty savvy on that issue. Especially by now.
Mar 16th 2005, 6:04 am
#8
Just Joined
Thread Starter
Joined: Mar 2005
Posts: 6
Re: I-601 issue
My Birthdate is March-xx-1981.
Thank you all for paying attention to my issue.
Thank you all for paying attention to my issue.
Mar 16th 2005, 1:57 pm
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-601 issue
Originally Posted by mr_art03
My Birthdate is March-xx-1981.
Thank you all for paying attention to my issue.
Thank you all for paying attention to my issue.
I noticed your age. However, it seems from you posting that all of your "out-of-status" time was while you were here in F-1 student status. Without more, that would not invoke the 3/10 year overstay bars. So, I'm wondering if there is something missing from your narrative or did the Consular Officer make a mistake in the ground of refusal?
Mar 16th 2005, 3:28 pm
#10
Just Joined
Thread Starter
Joined: Mar 2005
Posts: 6
Re: I-601 issue
Thank you Folinskyinla so much, you're giving me a big help.
back in April, 2004 i did not have the proof of F-1 status with me because i forgot to bring it from the states. so the councel informed me with a blue note "need proof of legal stay or waiver". i thought the waiver is an easy option to take than contacting INS to get my F-1 record. Later on when Athens officer asked for the proof of my F-1 status, because i mentioned in the I-601 that i attended school for the mentioned period, i had to dig for it because it became a must by athens to show it. That's why my fiance got it from INS when Athens CO asked for it.
Then i remembered the blue note from the officer here in Jordan "proof of legal stay or waiver" and i went to the embassy again to inform them that i have the proof with me now. But it seems like they didn't know how to deal with it and they forwarded it to athens so they can have it documneted there. I don't know if athens will cancel the waiver or approve it. in the other hand i don't see anything in my case that would cause a rejection. in all cases, and since my case took too long of a process. is there anyway i can file for a K3 through the same embassy while they're already filing a different case. My fiance is coming to visit me in Jordan soon and we might get married here if it would ease the situation.
back in April, 2004 i did not have the proof of F-1 status with me because i forgot to bring it from the states. so the councel informed me with a blue note "need proof of legal stay or waiver". i thought the waiver is an easy option to take than contacting INS to get my F-1 record. Later on when Athens officer asked for the proof of my F-1 status, because i mentioned in the I-601 that i attended school for the mentioned period, i had to dig for it because it became a must by athens to show it. That's why my fiance got it from INS when Athens CO asked for it.
Then i remembered the blue note from the officer here in Jordan "proof of legal stay or waiver" and i went to the embassy again to inform them that i have the proof with me now. But it seems like they didn't know how to deal with it and they forwarded it to athens so they can have it documneted there. I don't know if athens will cancel the waiver or approve it. in the other hand i don't see anything in my case that would cause a rejection. in all cases, and since my case took too long of a process. is there anyway i can file for a K3 through the same embassy while they're already filing a different case. My fiance is coming to visit me in Jordan soon and we might get married here if it would ease the situation.
Last edited by mr_art03; Mar 16th 2005 at 3:31 pm.
Mar 21st 2005, 4:26 am
#11
Guest
Posts: n/a
Re: I-601 issue
mr_art03 wrote:
>>Hi:
>>I noticed your age. However, it seems from you posting that all of
>>your "out-of-status" time was while you were here in F-1 student
>>status. Without more, that would not invoke the 3/10 year overstay
>>bars. So, I'm wondering if there is something missing from your
>>narrative or did the Consular Officer make a mistake in the ground of
>>refusal?
>
>
> Thank you Folinskyinla so much, you're giving me a big help.
> back in April, 2004 i did not have the proof of F-1 status with me
> because i forgot to bring it from the states. so the councel informed me
> with a blue note "need proof of legal stay or waiver". i thought the
> waiver is an easy option to take than contacting INS to get my F-1
> record. Later on when Athens officer asked for the proof of my F-1
> status, because i mentioned in the I-601 that i attended school for the
> mentioned period, i had to dig for it because it became a must by athens
> to show it. That's why my fiance got it from INS when Athens CO asked
> for it.
> Then i remembered the blue note from the officer here in Jordan "proof
> of legal stay or waiver" and i went to the embassy again to inform them
> that i have the proof with me now. But it seems like they didn't know
> how to deal with it and they forwarded it to athens so they can have it
> documneted there. I don't know if athens will cancel the waiver or
> approve it. in the other hand i don't see anything in my case that would
> cause a rejection. in all cases, and since my case took too long of a
> process. is there anyway i can file for a K3 through the same embassy
> while they're already filing a different case. My fiance is coming to
> visit me in Jordan soon and we might get married here if it would ease
> the situation.
>
Hmm, so that's how the I-601 came about.
Stuart raises a valid point that unlawful presence time for an F-1
doesn't start until the government notifies you that it does. So it
might be that you don't need the waiver. However, now that you have
applied for one, the consular officer cannot issue the visa until the
waiver application is disposed of because consuls don't adjudicate
I-601s -- the USCIS does.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>>Hi:
>>I noticed your age. However, it seems from you posting that all of
>>your "out-of-status" time was while you were here in F-1 student
>>status. Without more, that would not invoke the 3/10 year overstay
>>bars. So, I'm wondering if there is something missing from your
>>narrative or did the Consular Officer make a mistake in the ground of
>>refusal?
>
>
> Thank you Folinskyinla so much, you're giving me a big help.
> back in April, 2004 i did not have the proof of F-1 status with me
> because i forgot to bring it from the states. so the councel informed me
> with a blue note "need proof of legal stay or waiver". i thought the
> waiver is an easy option to take than contacting INS to get my F-1
> record. Later on when Athens officer asked for the proof of my F-1
> status, because i mentioned in the I-601 that i attended school for the
> mentioned period, i had to dig for it because it became a must by athens
> to show it. That's why my fiance got it from INS when Athens CO asked
> for it.
> Then i remembered the blue note from the officer here in Jordan "proof
> of legal stay or waiver" and i went to the embassy again to inform them
> that i have the proof with me now. But it seems like they didn't know
> how to deal with it and they forwarded it to athens so they can have it
> documneted there. I don't know if athens will cancel the waiver or
> approve it. in the other hand i don't see anything in my case that would
> cause a rejection. in all cases, and since my case took too long of a
> process. is there anyway i can file for a K3 through the same embassy
> while they're already filing a different case. My fiance is coming to
> visit me in Jordan soon and we might get married here if it would ease
> the situation.
>
Hmm, so that's how the I-601 came about.
Stuart raises a valid point that unlawful presence time for an F-1
doesn't start until the government notifies you that it does. So it
might be that you don't need the waiver. However, now that you have
applied for one, the consular officer cannot issue the visa until the
waiver application is disposed of because consuls don't adjudicate
I-601s -- the USCIS does.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Mar 21st 2005, 3:59 pm
#12
Joined: Apr 2002
Posts: 35,082
Re: I-601 issue
Originally Posted by Jonathan McNeil Wong
However, now that you have
applied for one, the consular officer cannot issue the visa until the
waiver application is disposed of because consuls don't adjudicate
I-601s -- the USCIS does.
applied for one, the consular officer cannot issue the visa until the
waiver application is disposed of because consuls don't adjudicate
I-601s -- the USCIS does.
If you go to the USCIS list of Field Office and see how many countries use Athens, you'll begin to appreciate their workload.
As for their phone manners, I found the person who answers the phone there to be quite Greek in her manner, which I initially took for very brusque and unhelpful, but is actually just terse and professional. Be friendly, persistant and prepared when you call.
