If the I-601 is denied . . .

[ajn2002]

Hi everyone!

I know that if the I-601 is denied, you have the option to file a Motion to Reopen within 30 days. In an attempt to be prepared for anything (my I-601 is pending, turned in April 26th) I am hoping to get some more information on the process.

This question was asked by Salsababy a little while back, but I couldn't seem to find the answer . . .

When filing a Motion to Reopen do you insert the new hardship and evidence into the original hardship letter in BOLD so that the adjudicator has all the information and can still distinguish the new from the old? Or do you just add another letter only stating the new hardship or evidence?

I hope this question makes sense, because it's really tricky to word properly.

My second question is . . . if the MTR ends up getting denied as well, can you then do a Re-file after that?

Finally, I know that Fofinha's MTR got approved in just 1 month 2 weeks. Is that typical? Because I thought I read elsewhere that the processing time was much longer.

I'm trying not to worry too much, but I didn't find this website until AFTER turning in my I-601 packet and unfortunately my lawyer doesn't appear to have as much experience with I-601 waivers as you all here do :-( So, I'm afraid that maybe my hardship letter was lacking in proving why I can't continue to live in the US while my husband lives in Peru. Knowing that the MTR has to be turned in within 30 days of denial, I just figured it couldn't hurt to be prepared for the worst.

[Maria Barrios]

Hello dont worry i be denied the first time after my fiance re-motion its approved calm and pray for god ok be stronger

[ximena7885]

Hi and welcome! I turned in my waiver March 19th (received April 8th) so I should also be hearing soon. I actually don't know the answer to your question but I will also benefit from it because I also want to be prepared in case of anything.

[Imp]

If your waiver application, hardship letter and evidence is weak, I would send in additional supplemental evidence now, before it gets denied. If you only filed in April, you should have some time before it is adjudicated, but I would send in supplemental evidence (or an all new hardship packet if you choose) as soon as possible.

[genutill]

I agree, if you think some areas were lacking in the original package or if you had new circumstances come up, consider sending in more evidence now before a decision is made. I would think that, evidence being the same, it would be easier to get an approval first than overturn a denial. You could always post your letter for suggestions if you wanted.

There were a couple other folks whose Lima waivers got denied and had MTRs approved in the last several months and I think they were also around a month or two for a decision.

[ajn2002]

So, I could actually send in an entirely new packet? If I do that would it push me back in line? Or would I still get a response in the 6 month processing time from the original entry in April?

[ajn2002]

Also, up until what point do you think I would be able to do this? Just to gauge how much time I have to get this all together.

[ajn2002]

Ximena, can't wait to hear about your results because then mine should be received shortly after :-) Keep us posted!

[salsababy1968]

Hi,
You can submit additonal evidence up until it is in adjudication. So about 4.5 months in is good. After that you may not get it into the file. I was in the same boat as you. i did not feel confident with my case so I submitted a revised statement and further evidence.
I sent a letter asking if they would accept my revised statement along with orignally submitted evidence and further evidence included with the reivesd statement. We were approved May 10th. They infomred me I could mail or fax to them. I mailed express nad sent an email for confirmation when it was receieved. I believe that they reviewed everything i submitted when they adjusdicated my waiver. Best of luck

[ajn2002]

Thanks your help, Salsababy! When you said that you first sent a letter asking if they would accept the revised waiver and evidence where did you send that? Could I just email the Lima embassy asking this? I'm thinking that since my husband is in Lima maybe he could just take it directly to the embassy to turn in?