Anyone familure with the I-601 filing at the Guanzhou consulant

[steppinthrax]

My wife can't adjust her status though me in the United States. She has to leave and file the I-601 waiver. Unfortunatley, from what I heard the guanzhou consulant is not forgiving. Anybody have any experience in this field....

[Randy W]

Who told you that and why?

 

It's generally a bad idea to have your wife leave the country if she doesn't have a way back in (either AP or green card).

 

Have you filed an I-130 for her?

Edited December 5, 2007 by Randy W (see edit history)

[dnoblett]

Who told you that and why?

 

It's generally a bad idea to have your wife leave the country if she doesn't have a way back in (either AP or green card).

 

Have you filed an I-130 for her?

Good point, File I-130 and I-485 together, and when AOS interview happens, and they tell you at the interview that there is an inadvisability problem, you then file an I-601.

 

All this time wife remains in the USA and does not leave without AP.

 

Why can she not adjust in the USA?

[tywy_99]

My wife can't adjust her status though me in the United States. She has to leave and file the I-601 waiver. Unfortunatley, from what I heard the guanzhou consulant is not forgiving. Anybody have any experience in this field....

If you want to talk to someone about the I-601 then talk to cfl member dcwfn. Do a search on topics posted by dcwfn. He is the only one I've seen here who had to deal with the I-601 and getting his wife back to the states from China. It took him a long time but he finally got his wife back to the states. I think you can gain alot from him and I'm sure he will be more than happy to help. Send a PM to him.

 

-good luck

[Randy W]

My wife can't adjust her status though me in the United States. She has to leave and file the I-601 waiver. Unfortunatley, from what I heard the guanzhou consulant is not forgiving. Anybody have any experience in this field....

If you want to talk to someone about the I-601 then talk to cfl member dcwfn. Do a search on topics posted by dcwfn. He is the only one I've seen here who had to deal with the I-601 and getting his wife back to the states from China. It took him a long time but he finally got his wife back to the states. I think you can gain alot from him and I'm sure he will be more than happy to help. Send a PM to him.

 

-good luck

 

 

Above all, DO NOT let your wife leave the country before you figure out what your options are.

[steppinthrax]

My wife can't adjust her status though me in the United States. She has to leave and file the I-601 waiver. Unfortunatley, from what I heard the guanzhou consulant is not forgiving. Anybody have any experience in this field....

If you want to talk to someone about the I-601 then talk to cfl member dcwfn. Do a search on topics posted by dcwfn. He is the only one I've seen here who had to deal with the I-601 and getting his wife back to the states from China. It took him a long time but he finally got his wife back to the states. I think you can gain alot from him and I'm sure he will be more than happy to help. Send a PM to him.

 

-good luck

 

 

Above all, DO NOT let your wife leave the country before you figure out what your options are.

 

My wife came into the United States with a K-1 Fiance visa. She overstayed her visa and didn't marry the petitioner of the visa. She married me instead (the usc) 4 years latter. She's been in the US illegally roughly 7 years. She can't adjust her status though the marriage of me. Absolutley no way impossible. Because she broke the rule of the K-1 visa. The only way is for her to return to her home country and file and I-601. I've been in contact with dcwfn actually recently because I've been seeing his topics when googleing i-601 and guanzhou.

 

We've been though several attorney's to try to find some way of adjust her status in the US but it's impossible. We did file and I-130 which we could do and it was approved. But we have to do the i-601. I was just wondering if any body had any experience with the guanzhou consulant.

[steppinthrax]

Who told you that and why?

 

It's generally a bad idea to have your wife leave the country if she doesn't have a way back in (either AP or green card).

 

Have you filed an I-130 for her?

Good point, File I-130 and I-485 together, and when AOS interview happens, and they tell you at the interview that there is an inadvisability problem, you then file an I-601.

 

All this time wife remains in the USA and does not leave without AP.

 

Why can she not adjust in the USA?

Because the BAR is not triggerd until she leaves the United States. That's why most have to leave the US to file the I-601. In some cases you can file in the united states if the inadmissability had been triggered here. But it's not triggered until she leaves. If we were to file the I-601 while she's in the country they would pretty much deny it because there is no reason to file one.....

[Randy W]

 

My wife came into the United States with a K-1 Fiance visa. She overstayed her visa and didn't marry the petitioner of the visa. She married me instead (the usc) 4 years latter. She's been in the US illegally roughly 7 years. She can't adjust her status though the marriage of me. Absolutley no way impossible. Because she broke the rule of the K-1 visa. The only way is for her to return to her home country and file and I-601. I've been in contact with dcwfn actually recently because I've been seeing his topics when googleing i-601 and guanzhou.

 

We've been though several attorney's to try to find some way of adjust her status in the US but it's impossible. We did file and I-130 which we could do and it was approved. But we have to do the i-601. I was just wondering if any body had any experience with the guanzhou consulant.

 

If you haven't already, find a lawyer who will talk with you about Immigration Court. There's a lot that an immigration judge can forgive that the USCIS wouldn't touch, and he can order an AOS. I saw a lady in front of us win an AOS, rather than deportation, after a long overstay.

 

My picture of the way this would work is that she would apply for AOS, be denied, and then removal proceedings begun in Immigration Court. But, talk to a lawyer.

 

K-visa people have been known to adjust status with no spouse, or with a long overstay in this way. Most lawyers (and judges, unfortunately) will simply parrot the USCIS policies. Some will actually read the law.

 

In Guangzhou, you'll get no sympathy and have no recourse.

Edited December 6, 2007 by Randy W (see edit history)

[Guest Rob & Jin]

seems like sound advise to me, dont let her leave, find the very best immigration lawyer with a ton of experience in this very thing.The association of immigration lawyers may be able to make some recomendations.

I have read on VJ this has been overcome before, get the best, stay frosty, dont go to China.

Good luck

[MikeandRong]

Because the BAR is not triggerd until she leaves the United States. That's why most have to leave the US to file the I-601. In some cases you can file in the united states if the inadmissability had been triggered here. But it's not triggered until she leaves. If we were to file the I-601 while she's in the country they would pretty much deny it because there is no reason to file one.....

 

Leave a message for Kitkat here at VJ. She is a wealth of knowledge in this area and can point you in the correct direction.

 

http://www.visajourney.com/forums/index.php?showforum=113

[jim_julian]

I concur with Randy. Don't let her leave the US.

 

I can give you the contact for an expensive lawyer in California who says she can rescue these situations. I believe her as she has done wonders on H visas for my company ... but you can probably do better locally.

 

As soon as she leaves the country you close off options.

[MikeandRong]

I concur with Randy. Don't let her leave the US.

 

Agree 100%.

 

The best reference I can give you is this person. She is the best I know of and I can not stress enough the importance of contacting someone. You really should go into this as best prepared as you can. At the minimum, set up a phone conference with her and get some real answers from someone that knows.

 

http://visacentral.net/

 

 

 

Again, do not let her leave the USA.

[steppinthrax]

I concur with Randy. Don't let her leave the US.

 

Agree 100%.

 

The best reference I can give you is this person. She is the best I know of and I can not stress enough the importance of contacting someone. You really should go into this as best prepared as you can. At the minimum, set up a phone conference with her and get some real answers from someone that knows.

 

http://visacentral.net/

 

 

 

Again, do not let her leave the USA.

 

http://immigrate2us.net/forum/showthread.php?t=6104

[Randy W]

I concur with Randy. Don't let her leave the US.

 

Agree 100%.

 

The best reference I can give you is this person. She is the best I know of and I can not stress enough the importance of contacting someone. You really should go into this as best prepared as you can. At the minimum, set up a phone conference with her and get some real answers from someone that knows.

 

http://visacentral.net/

 

 

 

Again, do not let her leave the USA.

 

http://immigrate2us.net/forum/showthread.php?t=6104

 

 

What I'm saying here is that you would have a better chance in the court system here than at the Guangzhou consulate. They have been known to sit on a case like this and not do anything. If this happens, you have no recourse.

 

But, good luck - I hope it works for you.

[david_dawei]

You're going to get lots of opinions on any board you go to... so here's one more:

 

Unless she has already been ordered to leave the country and re-file under a I-601, don't let her leave.

 

File for AOS; let USCIS decide the outcome. As Randy has said, they are more forgiving than DOS (who might be hard pressed to issue her a visa after an overstay)... USCIS has forgiven overstay in some cases by marriage to a USC; while the instructions on K1 are clear, I'd still put my money on USCIS than DOS/GUZ...

 

You've already started a gamble.. time for a gambit !!