I-601 waiver form
Apr 10th 2005, 3:28 pm
#1
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I-601 waiver form
I came into this site by way of CFL. Hopefully, there will be someone who can answer my question as best they can. My wife is in Guangzhou, China as we speak. We are in the process of awaiting the approval or denial of a CR-1 visa so she may return home to Richmond, Virginia. Her visa interview was held on 01/19/2005. The VO denied what had already been approved by every other DHS entity that had anything to do with it. Here's the short version of our story.
She came to the USA in June, 2000. The "man" who's name was/is on her initial visa did not follow through on his part of the agreement to marry her. That left her stranded except for her sister's grace and mercy as her sister lives here. Some 18 months later, my wife and I met and we were married here in Richmond on; 10/27/2001. Immediately we started submitting all of the forms, fees, etc. All steps were approved through DHS. In the meantime, she obtained a DMV identification card, a social security card and also a work authorization permit from immigration. In early July we received a certified letter from immigration telling us 2-3 things. First that our marriage was/is indeed valid. Second, that my wife had been present here illegally since she did not marry the other fella. Third, they gave her the option of leaving the USA voluntarily or deportation proceedings would be initiated against her. Fourth, she was to return to China to obtain her "new" visa and hence be able to come back home.
My wife left Richmond, VA on July 29, 2003. Long time, huh? Anyhow, after her denial at the interview she was told that she is eligible for an I-601 Waiver because she is married to an American natural born citizen. We have obtained the services of an attorney there in Guangzhou (an American) and as I am told the waiver was submitted this past week. I said all of that to qualify my question which is; "Is there such a thing as a so called "normal" time frame for the I-601 to run it's course and what is the likelihood that it will be approved"?
Perhaps I need to start making plans to immigrate/relocate to Guangzhou?.......
She came to the USA in June, 2000. The "man" who's name was/is on her initial visa did not follow through on his part of the agreement to marry her. That left her stranded except for her sister's grace and mercy as her sister lives here. Some 18 months later, my wife and I met and we were married here in Richmond on; 10/27/2001. Immediately we started submitting all of the forms, fees, etc. All steps were approved through DHS. In the meantime, she obtained a DMV identification card, a social security card and also a work authorization permit from immigration. In early July we received a certified letter from immigration telling us 2-3 things. First that our marriage was/is indeed valid. Second, that my wife had been present here illegally since she did not marry the other fella. Third, they gave her the option of leaving the USA voluntarily or deportation proceedings would be initiated against her. Fourth, she was to return to China to obtain her "new" visa and hence be able to come back home.
My wife left Richmond, VA on July 29, 2003. Long time, huh? Anyhow, after her denial at the interview she was told that she is eligible for an I-601 Waiver because she is married to an American natural born citizen. We have obtained the services of an attorney there in Guangzhou (an American) and as I am told the waiver was submitted this past week. I said all of that to qualify my question which is; "Is there such a thing as a so called "normal" time frame for the I-601 to run it's course and what is the likelihood that it will be approved"?
Perhaps I need to start making plans to immigrate/relocate to Guangzhou?.......
Apr 10th 2005, 8:40 pm
#3
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Re: I-601 waiver form
From what I was able to find on that link it looks like it could be as few as 2 months to as many as 4-5. That's the range I was able to find. None of the posts I found so far are exactly the same situation but some are similar. I am wondering if the fact that the first guy did not carry out his part of the deal and that is the primary reason her visa was overstayed will even be considered when the waiver is evaluated?
Apr 10th 2005, 8:47 pm
#4
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Re: I-601 waiver form
Originally Posted by dcwfn
From what I was able to find on that link it looks like it could be as few as 2 months to as many as 4-5. That's the range I was able to find. None of the posts I found so far are exactly the same situation but some are similar. I am wondering if the fact that the first guy did not carry out his part of the deal and that is the primary reason her visa was overstayed will even be considered when the waiver is evaluated?
You are told repeatedly of the 90 days, it would have been up to her to leave within that 90 days if she was not going to get married.
How was he the primary reason of her overstaying?
Apr 10th 2005, 9:08 pm
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Re: I-601 waiver form
That is correct. She did not. Just wondering if the reason she did not fulfill her part is because the other guy did not fulfill his part. In layman's terms, yeah, she stayed to long. Wasn't her doing though.
Apr 10th 2005, 9:21 pm
#6
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Re: I-601 waiver form
It was her Visa, not his, now can she abrogate responsibility to someone else?.
She overstayed her visa by at least 18 months, not something that you can do accidentally.
I did read that some people do their own waivers but I think at that point you really need legal advice.
She overstayed her visa by at least 18 months, not something that you can do accidentally.
I did read that some people do their own waivers but I think at that point you really need legal advice.
Apr 10th 2005, 9:53 pm
#7
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Re: I-601 waiver form
Her own visa, yes. Not her fault she was in fact stranded though. Yes, we do have legal counsel assisting with this waiver. The lawyer is in fact there in Guangzhou. An American lawyer.
Apr 10th 2005, 10:03 pm
#8
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Re: I-601 waiver form
Originally Posted by dcwfn
Her own visa, yes. Not her fault she was in fact stranded though. Yes, we do have legal counsel assisting with this waiver. The lawyer is in fact there in Guangzhou. An American lawyer.
Obviously best to ask your lawyer, but it may be just me, but argueing that you overstayed because you did not have the airfare to leave sounds a bit lame.
I find it difficult to believe that this would help your case, but I have not seen that many waiver threads on this board, the other one seems to be much more au fait with these situations.
Apr 10th 2005, 11:00 pm
#9
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Re: I-601 waiver form
The reason for the overstay is only one aspect. Would you do me a favor? au fait, etc..........use more simple terminology. I'm not the sharpest knife in the drawer sometimes.........lol
Dave
Dave
