Hello VO
My husband was found inadmissible at his interview for misrep back in May, and was told he was eligible to file for the I-601 waiver. Our attorney filed the waiver and it was received on June 8. I then received a letter here in the United States from the US Embassy abroad around the ending of August to have my husband to turn in his passport which puzzled both of us, because we still haven't received any notice of approval for our I-601 waiver; it was just too early for a waiver decision. When he turned in his passport we waited several days and they issued my husband his visa. I looked at our case status online on USCIS website and our status remained the same with no waiver approval. My question is can a US Embassy issue a visa based on their own decision or would they need the go head from USCIS before they can print and issue a visa to someone that was found inadmissible? , and would my husband have any problem at point of entry if there is no status on a approve waiver from USCIS? p.s. just to let you know that our attorney also file a motion along with the waiver that there was no misrep invovled, maybe this could be the reason why the visa was issued, because they agreed with her reasoning, and I noticed the visa came from the waiver section, because there is a annotation that states Waiver section 212 (a). Am just so confuse to why the visa was issued without any sign from USCIS that our waiver was approve

Hello VO
Am a little confuse and maybe you can clarify something for me. My husband was found inadmissible based on misrep and we always knew we would had to file a 601 waiver. He was given the ok to file the waiver at the interview. We filed the waiver and it was received on June 8, 2015 along with and argument from our attorney that there was never any misrep involved. On July 2, 2015 I receive a letter from the embassy for husband to turn in his passport via dhl which he did, then on Friday 7/17/2015 when I checked the CEAC website it states my husband visa has been printed and issued. Is this possible our waiver haven't been with USCIS that long and there is still no status on USCIS stating our waiver was approve. Is it possible that our attorney argument was correct? Could the embassy grant a visa before a waiver approval or do the embassy need to get some type of approval from USCIS before printing a visa for someone that was found inadmissible? I need to know have you ever experience this before, because even my attorney doesn't know why as of yet?

Good Day VO, I applied for the spousal visa for my husband. We are now at the NVC stage of our process. It's been almost a year since visiting my spouse mainly financial reason.. I want to know if this is a red flag for any CO at the interview stage? I have travel 8x already prior, but not within the last year. Also if I am not at the interview would that be another red flag? Thanks in advance.

Hello VO I have questions relating to the affidivit of support form I-864. I am sponsoring my family member and need to know if my income is not enough would the embassy allow me to use income from my court order child support ? and if so can I record both income as one on part 6, line 5 of form I-864? Thanks

Good day VO I would like to know what kind of security check is done for a beneficiary seeking a spousal visa at USCIS level if the beneficiary has never entered the US before? and who conducts this security check the FBI or someone else in the beneficiary country?

Hi VO I have a quick question. If your adding court order child support as income on form I-864 affidavit of support. Do the embassy view this as an asset? Should it be combined to your annual salary which would be your total income? Or put separately as assets only?

Good day VO can you tell me why does some security check (FBI) take so long for some peple especially when the parties involve has never had any criminal background? Can it really take up to 6 months for it to clear?

Hi VO I have a question: How long does an additional review last, not from embassy level but from USCIS level for an I-130 petition?

VisaOfficer:

Without knowing the details of the case, it sounds like the misrepresentation was separate from the fiance relationship? That is, we did not doubt the relationship, but the beneficiary had committed material misrepresentation in some other way (uch as using a false identity in the past)?

If that is the case: The case was not sent back to USCIS because we always keep cases with ineligibilities here at post for a very long time -- years, even -- to give beneficiaries time to apply for a waiver of their ineligibilities.

Yes you are correct, the misrepsentation happened almost 12 years ago which had absolutely nothing to do with the fiance case. Now I do know you are truly who you say you are, because I never told you that and only someone experience and knowledgeable would know it didn't have anything to do with the fiance case. The CO did believe we have a bonifide relationship. I really respect you for helping us alll, see I am new to this forum and didnt know what to expect. Thank you kindly, but I do need to know if this will effect my I130, because it's been 8 months now and no NO2 and am worried? We never received a NOIR for our k1 petition or anything, but when I called they told me our petition for the k1 (i129f) is still active. Wouldn't that be impossible since we filed it in June 2012 & our last interview when we received the denial was in July 2013?

Good Day again VO, first I must tell you that we really appreciate what you are doing here for us, you have certainly ease my mind alot. I have a question: Why would a US Embassy hold on to a K 1 petition refused under 221g for misrepresentation for over 1 year before returning the petition back to USCIS.

Good Day VO I want to know if a 2012 fiance K1 petition if still open even asking to close it effect my I-130 petition for the same beneficiary? Can this delay my approval on my I-130? and from your experience how long would it delay an I-130 petition?

VisaOfficer:

K1s are complicated because they are both non-immigrant and immigrant visas, so IF you applied for a new K1 you would need a waiver in each category, which is time-consuming and not always a productive pursuit. Frankly, your best bet is to get married and go for the spouse visa. Getting married helps overcome the perception that it's not a bona fide relationship, and you only need one waiver, on the immigrant visa side. So while of course you need to make your own decision and I can't give advice, if I could give advice, I'd tell you to get married.

Good luck!

I thank you kindly for your response. I did marry my fiance on July 18, 2013 and applied for the I-130 for my husband and stepson with a PD 12/2/13. My stepson was approve and apparently my husband own needs additinal review per response from service request I had done on 6/10/14, and it stated to contact customer service if i do not hear anything in 6 months! So I called C.S. anyway and they really did not tell me anything but advised that my k1 petition was not close which it should have, especially when i sent a letter before applying for the I-130 to cancel the K1 petition. I believe this is what is holding up my husband case. During the k1 visa interview the officer believe we did have a bonifide relationship, so that was never an issue. They never returned my k1 visa case until 4/24/14 , and I believe it wasn't until the i130 was being review was the reason why they requested our k1 visa case back from Haiti or else it still would have been sitting at the Haiti embassy. I dont think it should have taken almost a year to return our case, the k1 case should have been closed a long time ago and now it seems this case is still hunting us because it's holding up my husband I-130 because NSC processing time is only 5 months and in two weeks we will be approach 8 months. I see were they ate approving January and February petitions right now which is a month and two after my petition.

Hi VO I want to know if the k1 fiance visa was denied under misrepsentation 212(a)(6)(c)(i) is a 601 waiver allowed? Because we were told by the embassy in Haiti that the k1 category does not qualify for the waiver only if we were married and apply for the i-130 is when we would qualify for the waiver for misrepsentation