I 601 approved...What next?
I hate jumping in with questions - I just posted an introduction! But, that's what forums are for, and I've read enough on here to know that there are some very knowledgable and helpful people here, so I hope you won't mind me starting out with a question!
We went to Montreal 2 years ago, supposedly for his Visa appointment. We paid the fee, but it wasn't much of an appointment. They told us we needed a waiver due to my husband's criminal record, and they sent us on our way. (I won't go into how we asked about this when we filed the initial I 130 and were told it wasn't necessary...)
So, in June of 2008, we thought we had everything we needed (no legal representation) and we mailed the waiver application and all the goodies in.
In February of 2009, we received a request for more information, which we submitted in May of 2009.
This week, we received an email telling us that the waiver had been APPROVED!
Because our luck hasn't been so great, I called the Dept of State to confirm this. She told me everything we would need to submit to Montreal once notified, and confirmed the approval.
Can anyone tell me what is next?
Do we go back to Montreal, or do we mail everything in to them? (I've heard both ways, so I'm curious.)
What are the odds of me having my family together in the US for the Christmas holiday?
I really appreciate your help in advance...You have no idea how much help you've been to me even when you didn't know it!
One other question...
I was told by the Dept. of State that we need to submit a DS 230 to Montreal. I cannot find this form on the USCIS website???
Has the name of the form been changed?
Last edited by pkreker; 10-04-2009 at 03:07 PM.
Reason: Automerged Doublepost
The Following User Says Thank You to pkreker For This Useful Post:
DS230 is an application for permanent visa of the USA.
Here is the link for DS230
I am in a similar situation. I have got my I130 approved and waiting for Visa appointment and i know they will ask me to submit 601 for criminality that was 13 years old. please can you post what u have put in ur package, hardship letter etc. so i and other people can get some help.
Last edited by molson4u00; 10-05-2009 at 03:38 PM.
Reason: Automerged Doublepost
Thank you. I found the DS230 last night! We had actually already filled one out when we went to Montreal before!
We didn't find out that we needed the waiver until we were called in for a Visa appointment. I'm not sure if you have to wait until they tell you to get it, but I would certainly be planning ahead!
As far as the information we supplied for the waiver, we addressed both the hardship issues and the criminal record / rehabilitation.
I included extensive proof of his rehab - including counselling records after the fact, records from where he was incarcerated to reflect his behaviour and further counselling, letter from probation officer, a letter from a psychologist that worked with him stating he thought there was no risk of re-offending, full arrest reports, police certificates, court records - pretty much everything we could get our hands on - we sent it in.
We were also asked to prove our relationship was real, and not a marriage of convenience. We did this by providing phone records, wedding pictures, post wedding reception pictures, and letters from friends and family aiding in establishing our relationship.
The hardship part is the hardest thing, I think, especially since mere separation isn't a valid point. I basically used the health care system in Canada as a major reason for wanting to remain in the US - my son has MS and he is our main reason for staying in the US - we do not want him to have to have Canadian healthcare. I proved that he wouldn't have the same health options open to him in Canada, and the quality of care would not be equal to the care he receives in the US. My son is 21, but he has a disease that could require extensive assistance later on in life, and I established this by letters from his neurologist, as well as providing information on the disease itself. He may be very dependent on me later in life, so I did not want either of us to have to live in Canada. I really believe this was our strongest influence in the waiver decision.
If you don't have to wait, I urge you to go ahead and start compiling what you need for your waiver, especially if you are Canadian. It's going to take you quite a bit of time and money to get your hands on the documents you will need.
First off, I would like to clarify an error I made in my first post.
I didn't realize it until I was going back through papers this week, but I had my dates wrong on when we actually initially submitted the I 601. It was June of 2007 rather than June of 2008! So, there was 19 months in between the initial submission and their request for more information in February of 2009. Then, there was another 7 months before we got the approval, so it actually took us a total of 26 months to get the waiver approved.
This has just been going on for so long that I lost track of the dates on everything. I was off a year on the dates that I mentioned in the first post, including the trip to Montreal.
We received an email regarding the approval on October 1st, and a few days later received a letter from Vermont stating the same. Montreal has requested his passport, a new medical, a new police certificate, DS230 and new I864, along with passport photos of him, and we should be able to mail all of this in the latter part of next week.
Does anyone have any idea how long it will take them to get the Visa back to us?
(I am so happy that we don't have to go back to Montreal!)
Hi there! Congrats on your approval. I cant believe it took you 26 months to approve your waiver...my waiver just reach the 1 year mark about 2 weeks ago, my waiver is at vermont and i am dealing with the vancouver consulate. What was the criminal record you were dealing with, and how long ago was it?What kind of new evidence did they ask for? We have a lawyer working on our case, did you as well?? Congrats again!
I am in the same situation. We got a call from Montreal asking if we are proceeding with the papers. I thought that was strange....but what now?
I know how hard this is!!! I got a 5 year ban and had to hire a lawyer to help. I was able to come home at 3 years to the exact date!!! BUT during the time I was stuck I went through fertility treatment (we planned it when James could come up for a visit) and got pregnant (we were so happy) but I went through my PG alone It was one of the hardest thing I have ever done.
Our waiver packaged was over 200 pages long and included affidavits from friends and family, Medical records, pics, then we had to have all the ppl who wrote affidavits wright an addendum. Our lawyer looked up lots of info about my hubby's stroke and all the meds he and everyone in our family was on. It was quite intrusive but it helped.
I hope things go well for you!!! It's a crazy process!!! Hang in there it will be WORTH IT!!!
Ordered Removal - April 2006
Married - October 7, 2006
I-130 was filed - January 18, 2007
I-130 approved - April 26, 2007
Interview in Montreal - January 17, 2008
Submitted I-601 & I-212 - January 17, 2008
Receipt Notices sent out April 8/08 // received April 14/08 - Status PENDING
Mackenzie Elizabeth born May 12th, 2008
Senator Update - Waiver pending "Final Approvel" May 19, 2008
January 30, 2009
HOME SWEET HOME April, 12th, 2009
Thank you, Constance! Your daughter is beautiful!
chicklet, have you filed an I 601? If you lose contact with them for over a year, they can make you start all over again, fees and all!