I-212 timeline without a I-601

[cecilia]

We got married in 2005 after 1 year I was removed from ATL when went to visit him on a tourist visa.
Started the process in the US Sept. 05 then interview in Lima May 06, they asked for the I-212 waiver, they didnt accept it in Lima cause I didnt need the I-601 they just accept when you need both.
Filed I-212 in ATL Jul 06 and last week a senator told us it was approved but we didnt get any notification yet, She says it is waiting to be signed by the director or something...
It's been 1 year since we filed it in ATL.

Cecilia

[halian07]

Cecilia,
I have a few questions in regards to your process. My chilean boyfriend was removed at the ATL airport while attempting to revist me on a tourist visa. I have plans to go to Chile this week and possibly marry. Do I ask for the waiver in Chile or ask for it in Atlanta? Which is the best way? Some of the threads are a bit confusing. Thank you in advance for your help!

[cecilia]

Halian,

I can not tell you exactly what to do but I will explain to you how was my case. We married in Lima and my husband started the process in the US, the first thing you need is the I-130 and you need to do that in the US after that is approved, which took us 3 months, there are a couple of other papers they will send you to fill out and send. I dont know if you need both waivers I-212 and I-601, depends if your boyfriend have been in the US before illegal. In my case I was never illegal there so I just needed the 212, which the embassy in Lima doesnt accept it by itself, they just accept here both, so I had to send it in Atlanta, Atlanta is taking already 1 year and we are still waiting, so I would say to file it in Chile if you need both, if not AS SOON AS you have your I-130 approved, which helps A LOT for the waiver to be approved, send it to ATL, so the waiver will be processing while you are doing the rest which is these forms after the I-130 and then your boyfriend will be called for an interview in Chile and finger prints and a few more things. Our mistake was waited for the interview then file the waiver here and then have it back cause I needed to file it in ATL but no one told us Lima doesn't accept just one waiver, it has to be both.

I hope this was clear to you if not pls let me know.

Good luck!! I figured this is also luck...and of course, read a lot about it.

C

[halian07]

I really appreciate your answer, as well as your advice. We will only have to file an I-212. It is good to hear success stories like yours.
Best of luck to you and your husband!

P.S. Another question-- did your husband use an attorney in the Atlanta area?

[jesuslovesyou]

you can apply for i-212 along with your i-130 directly to service center this will save lots of time as they will process 212 before they approve i-130 while 212 is being approved othe formalitys will be completed for i-130 .

you can also filr after i-130 directly to atlanta but service centers have better ecord than atlanta

lets say u apply for i-130 and 212 now they will do background checks which are used for both 212 and 130 and in 6 months ur 212 will be ready to be approved then they process ur i-130 and with in moth or 2 both will be approved and u can go to consulate to get visa approved whole pocess can take 7 to 8 months

if u apply just i130 it can be approved in 3 to 6 months then once u recive the pproval u document ur 212 and send it to atlants in next 2 months ( time for you to recive approval and making 212 and mailing i am optimistic it can take longer than 2 months ) then atlanta takes 1 yr to approve and for u to recive and go for interview it can take anywhere from minimum of 17 months to 2 yrs .



hope this helps

JLU

[cecilia]

Well that is why I said every case is different, I explained my case with my timeline and of course you can see how long it has been taking. You should read and see what's best for you, not follow the same steps as other cases, I am not sure if by applying both 130 and 212 together means that they will approve the 212 right away, they can deny it becuase the I-130 was not approved yet and they can make you file it again, Jesuslovesyou seems to know everything but I would advise you to read from everywhere and do the best for you no one else has the best solution for anybody, I learned that here and with all my case.

My husband lives in DC so he used an attorney from the Catholic Charities there and then a Senator helped us with the process in ATL.

All the best, C

[nadiah_25]

Just wanted to point out that the I212 is for "Application for Permission to Reapply for Admission Into the USA after Deportation or Removal"

So, don't you need approval to do anything first?
Just a thought...

[jesuslovesyou]

Hi

1. yes every case is defferent but procedure is same they follow standard procedure if you apply ur 212 along with your i-130 they approve both at same time but 212 will be processed fisrt on its own merits and and merits of i-1130 will be checked unlike 601 212 need not be tied to relationship with your spouse but your future intention to trvel to us.


2.nadiah i guess this also answers you question

[inlimbo]

Cecilia,
I have a few questions in regards to your process. My chilean boyfriend was removed at the ATL airport while attempting to revist me on a tourist visa. I have plans to go to Chile this week and possibly marry. Do I ask for the waiver in Chile or ask for it in Atlanta? Which is the best way? Some of the threads are a bit confusing. Thank you in advance for your help!


halian, i don't know what you decided to do as far as getting married, but I just wanted to mention that applying for a fiance visa is often much faster than applying for a spouse. I don't know whether or not that's important in your case, but in mine it was because I didn't want to be separated any longer than we have to be, so we decided to wait to get married and apply for a fiance visa. Just a thought :)

[jesuslovesyou]

she needs 212 no matter what


k visa can be applied before ad after marrage even long with i-130 ( there are 2 defferent k visas)

if she opts for k visa to enter consulate can recomned for waiver 212(d)(3) DHS will still approve it on merits of i-212. i.e if they belive i-212 will be approved in future.

yes she can do that but id sugest that she apply 212 as soon as apossible it wont negeate ur opartunity to apply for k visa or 212(d)(3)


P.S lawyers dont know much about process and this are a small fraction of their practice all most all the lawyes who posted on wen some info all gave only patially correct info some even dangerously distorted info so be careful when it comes in immigration lawyers u need somebody whos specializes in this feald not somebody who says i can do or i did a lot.

Godbless

JLU

[nadiah_25]

Hi

1. yes every case is defferent but procedure is same they follow standard procedure if you apply ur 212 along with your i-130 they approve both at same time but 212 will be processed fisrt on its own merits and and merits of i-1130 will be checked unlike 601 212 need not be tied to relationship with your spouse but your future intention to trvel to us.


2.nadiah i guess this also answers you question

So question, I was deported but had I130 approved, so we filed for K3 visa since it was faster to get an appoitment. Now, what if as soon is I was out of the contry I filed the 212 before doing the 129? Would that had made any difference? I still needed to file a 601?
Also, what do you mean by "601 212 need not be tied to relationship with your spouse but your future intention to trvel to us."
Thanks in advance....

[jesuslovesyou]

for 601 you have to be spouse of a USC not for 212 if you are applying for 601 nd 212 you have to apply both togethe at the consulate and they will be approved together.

for 212 you have to apply it with any visa.


while you are deported ur i 130 approved but u need 601 and 212 there is no point applying 212 alone as both 601 and 212 will be applied simultaneously when u apply.

the context i was talking in before msg was when you apply just 212

Godbless

JLU

[nadiah_25]

for 601 you have to be spouse of a USC not for 212 if you are applying for 601 nd 212 you have to apply both togethe at the consulate and they will be approved together.

for 212 you have to apply it with any visa.


while you are deported ur i 130 approved but u need 601 and 212 there is no point applying 212 alone as both 601 and 212 will be applied simultaneously when u apply.

the context i was talking in before msg was when you apply just 212

Godbless

JLU

Thanks for all your help!!!!
:wave:

[tonyr7]

if you were deported you will need to file both 212 and 601 waivers
they will be required after you attend your consular interview
your visa will be denied pending the approval of your waiver applications

[jesuslovesyou]

nadiah never mind tonys response he didnt read the complete thread in your case you dont need 601

i-212 is to waive deportation
i-601 is to wive illegal stay if its more than 180 days

JLU

[billchris]

Hello Cecilia!!

I posted and answer in the I-212 timeline. Here is the copy of it. One more time Congratulations.

Congratulations on your approval. I am sorry it took you so long, exactly one year, right? Thanks God your waiver is being granted and you are ready to go back. You can call the embassy and find out if they have received the approval report or letter. In my case, I got the approval of my waivers( appeals) sent to my house (in USA) and my lawyer for some reason did not get it. I called the embassy anyway and still took them 4 month to set up my appointment date for my visa interview.
About your coment on overstaying your tourist visa, I would say that nobody really knows if your waivers were going to be granted in those 4 months. So, I think that eventhough it took you one whole year, you are still in a better situation that many others, like myself , that needed to go thru the appeal process and being denied couple of times. CONGRATULATIONS ONE MORE TIME.

God bless you

[halian07]

Thank you so much "jesuslovesyou"
Your advice has been very helpful and more clear than alot of things I have found. I plan to call a deportation specialist and get the process started on Monday!!

Thanks again!
God Bless you too!

[cecilia]

Jesuslovesyou, I don't understand you very well, but I think you need to calm down a little and let people write their opinions if you want to help, also, pls try to write a little better.

Hi Billchris!! sorry I didn't see any of your responses, I just answered them!!! Pls check them!! I'm very happy to see lots of people from Lima with their waivers approved, like shygirl, flacotas and you! and hopefully my case will be solved soon!

Halian07, pls read a lot more, you really need to read as much as you can before making any decision, I know you wanna do the first thing you hear now to start very quick but sometimes it is better to take some time reading and then do the best for your case!! wish you the best.

C

[halian07]

Cecilia,
I am trying to read all that I can and trying to seek the opinions of as many lawyers as my budget allows!! Do you have any good sources?
Thanks in advance!