Question regarding I-601 pending in-country!

[ukgirl27]

Hello all,

sorry i have not been on here in so long but i have been going through a lot with working and my Dad had a minor stroke in England....thank god he is making a 95% recovery and it is ok but it really got me thinking. My husband and I have been married for almost 2 1/2 years, had our interview in October 2006 in Chicago and got told we needed to file the I-601 because of my prior overstay. We filed in December 2006 and never heard anything....no receipt number, nothing!

I called 6 months later and they said that as long as i have proof that my check was cashed they received it. They had nothing on their system that i had mailed in my I-601!!!

Anyway, back to now...with the thing that happened with my Dad it got me thinking that I can't sit and wait here for another 2 or more years for an answer...what if something really bad happens at home and i can't go back home....i got really frustrated this week so i called immigration because i wanted to get an info-pass appointment to see what was going on in my case and it said online that i needed a receipt number to get an appointment. Well i don't have one! So the lady couldn't believe that i have not had a receipt number in 20 months so she put me through to an immigration officer and told me to ask him as many questions as i could.

I talk to the officer and he asks for a receipt number for my I-485 which i never got either then he tells me to hold because there is a notation on my file. He gets back on the phone after a few minutes and says that on July 24 2008 there is a notation that says "pending review and written decision" he says that i should have an answer soon and that if i don't get an answer by Labor Day to call back because i should give at least 30 days for them to make a decision.

My work permit expires in November and he said this is another reason why i should call back after labor day so i don't renew my work card now and waste my money when i might get approved.

He gave my my I-485 receipt number which i immediately checked online. It says "On August 2006 it was received and my case is pending" will this change if the I-601 gets approved? Because i have no receipt number of the I-601 i can't check that on so can i check this one to see if i get approved?

Is it a good sign that it is pending review or does that mean that i am just going to wait another 2+years?????

Sorry it is so long...can you tell i am a little frustrated?:)

[emt103c]

Why did you even need an I-601 for overstay after marriage to a U.S. citizen? What is your timeline?

As for the rest of your questions. . .keep the receipt number handy, there have been people who found out about approval because of the "Card Production Ordered" on their status on the USCIS web site. Hopefully, they'll get you something in writing sooner. I can't believe they didn't notice their own error.

*sigh* Scratch that, yes I can.

[ukgirl27]

Why did you even need an I-601 for overstay after marriage to a U.S. citizen? What is your timeline?

As for the rest of your questions. . .keep the receipt number handy, there have been people who found out about approval because of the "Card Production Ordered" on their status on the USCIS web site. Hopefully, they'll get you something in writing sooner. I can't believe they didn't notice their own error.

*sigh* Scratch that, yes I can.

i overstayed then left, then came back within 10 years!!! The immigration officer that i spoke to said that i am very lucky i am from England as i might have got deported!!

[workboresme]

Hi Caroline,

In September last year, I made an infopass appointment and they said I would have a decision within 90 days. It was actually more like 180 days but it was something!

Sorry to hear about your dad - that must have been horrible for you. It was awful not being able to go home when mum died, but hurrah, I go back next Friday for the first time in 3 years! :D
Want me to visit your parents or anything?

Keep hanging in there, ok! Your story is exactly the same as mine, so I think you'll be alright............

[ukgirl27]

Hi Caroline,

In September last year, I made an infopass appointment and they said I would have a decision within 90 days. It was actually more like 180 days but it was something!

Sorry to hear about your dad - that must have been horrible for you. It was awful not being able to go home when mum died, but hurrah, I go back next Friday for the first time in 3 years! :D
Want me to visit your parents or anything?

Keep hanging in there, ok! Your story is exactly the same as mine, so I think you'll be alright............

thanks sue.....have a great time in England and don't eat too many prawn ****tail crisps:)

[workboresme]

thanks sue.....have a great time in England and don't eat too many prawn ****tail crisps:)

Oh god. I'd forgotten about them :D *drools*

[russ2169]

ukgirl27,

Sorry to hear about your dad.

Unfortunately, for I-601's they don't issue a receipt number. This makes it very hard to get any information.
I was told by an officer that normal time in U.S. is about 6 months for the I-601.
Now this being said, I know of a case that took 3 years, to get the answer.
This case was supposedly in Los Angeles, then sent to Laguna Niguel after 1 year. After almost 3 years and many letters inquiring, 3 info passes, they tell me it was in LA the whole time.
Best of luck to you and your dad.

[workboresme]

ukgirl27,

Sorry to hear about your dad.

Unfortunately, for I-601's they don't issue a receipt number. This makes it very hard to get any information.
I was told by an officer that normal time in U.S. is about 6 months for the I-601.
Now this being said, I know of a case that took 3 years, to get the answer.
This case was supposedly in Los Angeles, then sent to Laguna Niguel after 1 year. After almost 3 years and many letters inquiring, 3 info passes, they tell me it was in LA the whole time.
Best of luck to you and your dad.

I actually received a receipt number for mine. I filed it through Santa Ana. My case took 15 months from filing the I-601.

[ukgirl27]

I actually received a receipt number for mine. I filed it through Santa Ana. My case took 15 months from filing the I-601.


sue, when you checked and saw "card production ordered" were you looking at your I-601 or the I-485 receipt number? I now have my I-485 receipt number and it still says "case received and pending" but just wondered if that will change on the same day a decision is made about the I-601?

[workboresme]

That was the I-485 receipt that I was looking at. I'd seen there had been changes on the date (it had been *touched*) so checked to see what all of them said.
The I-601 said pending, but the I-485 said card production ordered. God, that was a kick! :D

[ukgirl27]

I got denied, got letter in mail...have 33 days to appeal or i have to leave:(

[Evachou]

Hi there,

As I read through this message, I felt soem sort of relief, I am in a similar situation. I am Canadian, have been married to a USC for 5 years and have 2 children and one more on the way. I submitted my I-601 after our initial interview in January 2007.

In March of 2008 after a year of no response, no receipt or file number, I contacted the DHS Office in Philly and never got a response. I then contacted my Senator and then got a response within 2 weeks, but it was bittersweet. They approved my I-130 that was pending since 2006 and sent me a Notice of Denial for the I-601 (overstay) citing failure to demonstrate extreme hardship. However, they did not update the I-485 in the system because it still reads that: "case received on 9/16/06and pending". When the Noticeof Denial came, it had no instruction whatsoever as to what to do next. We opted to file a MTR (I-290B) on the basis of additional information proving extreme hardships and professional opinions regarding one of our children with special needs who necessitates 24/7 care. We submitted a pretty hefty packet and were advised that it should add weight to our case.

It has been 2 months and 2 weeks since we submitted the MTR, we have not heard from the DHS Office and becuase we have no receipt or number for either I-601 or the I-290B, we are stuck and we cannot do much. I have hard time renewing documents because the only receipts I have are dated Spetmeber 2006 and in some offices people do not believe that it can take that long to get a response. In May, I was harrased at the DMV and accused of fraud because, the Manager refused to believe that since 2006 I still have not received a GC with an approved I-130, it's causing me too much headache. I have not travelled for a year, by fear of getting in trouble at the point of entry, I have missed on many family occasions, births, weddings and a funeral.

Seeing this message gave me some hope that I can still get in touch with someone. How do yo get in touch with the Officers by phone? I am so desperate, since I found our I am pregnant again, my twins are 4 years old and I am having trouble doing everythng by myself when I have so many family members across the boarder. I would really use some RR before I get too huge and unale to travel. Please let me know how I can get in touch with the Officers, my case is being handled in the Philadelphia Office. I need to get in touch with someone without going through the Senator's Office first.

Thank you very much for any information you might provide me with, I am desperate.

Evachou


PS: My timeline for ease of reference:

08/05/03: Civil Ceremony in Pennsylvania (Official Marriage)
08/23/03: Actual religious wedding ceremony in Québec, Canada
03/15/04 - 05/02/04: Work assignment overseas
06/02/04: Birth of our twins (B/G) in PA
09/08/05: Denied entry at IAD for failure to register Permanent Residency!
09/16/06: Filed I-130, I-131,I-765, I-485, the works pretty much!
09/26/06: Received Receipt Numbers for all the submissions and biometrics.
10/13/07: Appointment for Biometrics
01/08/07: Received I-765 and I-131, valid until 12/22/07
01/19/07: Interview in Philly, requested to submit I-601 for 09/05 incident
3/22/07: Filed I-601 with HSL and supporting documents including proof of Bona Fide marriage.

After joining this website, I learned about contacting DHS through your Senator's Office, which I did on 02/22/08 and since then, this is the new development:

04/26/08: Received Approval Notice for the I-130 (with case/file number). USCIS website update with this information.
04/28/08: Received a Notice of Denial of the I-601 in a form of a letter, citing failure to demonstrate extreme hardship. No case or file number and the USCIS website still says "case received and pending" when I put in the I-485 case/receipt number.
05/31/08: Submitted MTR - I-290B with additional evidence that was not available a year before and we believe it is strong and compelling. We have not heard anyting since.

06/04/08: DHS cashed our Check in the amount of $585 - I-290B fee.

Thank you everyone for your support.

[ukgirl27]

The number is 1-800-375-5283 within the United States. When you call you can tell them you haven't received any notification and they will try and help you, you may have to give them your Alien Number if you don't have a receipt number. You can ask if you can be put through to an officer so they can look at your status, i have spoken to an officer every time I called.

Also, when your I-601 is denied so is your I-485, my I-485 online still says ":case pending" but they informed me that once your I-601 is denied so is your I-485!

[Evachou]

Thank you so much for this valuable information. I am going to call tomorrow morning first thing. Thank you also for clarifying the matter for me, I was also confused about my I-485 since it still says "received & pending". I used to work on a G-4 Visa before I had the twins and stopped just soon after I got married. That is also part of the problem because my visa expired 30 days after I stopped working and that is how they determined I overstayed. Someone told me that if I got my job back (in an international organization), I could retrieve my application for AOS based on marriage and apply for a G-4 visa again. However, I am too scared to attempt anything that might jeopardize my future stay here for the sake of my kids. As a Canadian citizen, I normally could enter without inspection once I cancel my application but, you never know I don't want to run the risk. I applied for jobs and once I see that I have an offer, I will then seek advice from an experienced lawyer (which I cannot afford now unfortunately). Hang in there my dear and all the best as you wait.


Evachou

[Evachou]

Hi ukgirl27,

Thanks to your advice, I called USCIS first thing this morning and the Lady I spoke to was gracious and helpful, but she told me that she could not see any trace of me filing I-601 or I-290B in the system. I was lost because I paid fees for both these forms and I have proof from the Bank that my checks were cashed and of course, I have USPS Receipt and Return slips. Anyway, she advised that I make an InfoPass appointment to go to Philly and check in person on the status of my filings. I immediately did and actually got one for tomorrow afternoon. Then I started having some sort of apprehensions and then I saw the article on Mr. Hiu Lui Ng (May his Soul Rest in Peace)! It was posted on the website and titled: "Ill and in Pain, Detainee Dies in US Hands". It shook me to the core, I wept like a child, so I decided to seek for Legal Advice. The Lawyer I contacted on his website, called me back within the 1/2 hour and strongly advised me against going to a USCIS Office when I have no idea of the status of my case and with no legal representation. I listened and cancelled the InfoPass appointment immediately. I just needed to share this just in case someone else is in the same situation. And again thank you for your invaluable information.

Evachou

[klaudialaw]

My case still says received and pending since we got our denial in mid may of this year. So, they dont update their records. Dont expect to see anything anytime soon.

[ukgirl27]

Hi ukgirl27,

Thanks to your advice, I called USCIS first thing this morning and the Lady I spoke to was gracious and helpful, but she told me that she could not see any trace of me filing I-601 or I-290B in the system. I was lost because I paid fees for both these forms and I have proof from the Bank that my checks were cashed and of course, I have USPS Receipt and Return slips. Anyway, she advised that I make an InfoPass appointment to go to Philly and check in person on the status of my filings. I immediately did and actually got one for tomorrow afternoon. Then I started having some sort of apprehensions and then I saw the article on Mr. Hiu Lui Ng (May his Soul Rest in Peace)! It was posted on the website and titled: "Ill and in Pain, Detainee Dies in US Hands". It shook me to the core, I wept like a child, so I decided to seek for Legal Advice. The Lawyer I contacted on his website, called me back within the 1/2 hour and strongly advised me against going to a USCIS Office when I have no idea of the status of my case and with no legal representation. I listened and cancelled the InfoPass appointment immediately. I just needed to share this just in case someone else is in the same situation. And again thank you for your invaluable information.

Evachou

this is what happened to me so i asked to be put through to an immigration officer so they can look at my Alien Number and update me....the first people you talk to can't ever help you but the officers can...call again:)

[emt103c]

Thank you so much for this valuable information. I am going to call tomorrow morning first thing. Thank you also for clarifying the matter for me, I was also confused about my I-485 since it still says "received & pending". I used to work on a G-4 Visa before I had the twins and stopped just soon after I got married. That is also part of the problem because my visa expired 30 days after I stopped working and that is how they determined I overstayed. Someone told me that if I got my job back (in an international organization), I could retrieve my application for AOS based on marriage and apply for a G-4 visa again. However, I am too scared to attempt anything that might jeopardize my future stay here for the sake of my kids. As a Canadian citizen, I normally could enter without inspection once I cancel my application but, you never know I don't want to run the risk. I applied for jobs and once I see that I have an offer, I will then seek advice from an experienced lawyer (which I cannot afford now unfortunately). Hang in there my dear and all the best as you wait.


Evachou

For EWI, Canada has the same punishments as any other country. Do not attempt this, even though it would be easy, because it is easy to get caught too. If you have already overstayed, and you EWI, it can still cause you huge issues.