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Visa denied at interview with 601a


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We had a disaster in Guangzhou. our visa was denied by Consular Officer.

My wife was in the US for 13 yrs, we are married 6. with attorney help we filed 601a

and I did previous i130, 864 and DS 260. all approved.

Lawyer said no problem, we always get visa, only a couple of relationship questions.

we were ambushed by CO, not a nice guy. he was aggressive in questions, zeroing in

on entry to US issues. My wife was nervous and intimidated.

Slammed -denied without any written or verbal explanation. no

name of CO, no supervisor review.

She is now stranded in China, me back in US alone. I'm dying w/o her.

Warning DO NOT leave US for consular interview. be 110% certain.

get second legal opinions. this is clearly my lawyers fault. the interview prep

mentioned none of these possibilities. I would give up the green card we don't have to get her back.

The GC is not necessary to be comfortable in US, especially if older.

there are many incompetent lawyers, many turn over work to ignorant paralegals.

I hope and expect to get 601 prepared & approved, but I got to figure out exactly where

the wheels came off this time.

I read the processing times run 9 months.

consider your risks. they will deny very easily, w/o compassion or legal representation.

tom

 

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A few questions to better understand:

  • Who advised to do interview overseas?
  • Why did spouse leave the USA?
  • How did spouse originally enter the USA?
  • What is your status in the USA, Green-Card or Citizen?

If you are a Citizen and your spouse had entered the USA as a visitor originally, then why did you not file an I-130 and I-485 to adjust her status?

 

If you are a green-card holder and she came here as a visitor or student, then you should have naturalized, and then once a citizen as above filed to adjust her status.

 

Only scenario that I can think of that would have forced an overseas interview is if spouse had entered the USA on a K-1 visa and did not marry the K-1 petitioner and overstayed and eventually married someone else.

 

At this point it looks like there is a 10 year bar on entry, an I-601A needs to be filed for a hardship waiver.

 

https://www.uscis.gov/i-601a

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A denial could be because the officer thinks there is some other ban besides the 9B ban (because they would not likely have denied it for 9B ban if you had an approved provisional waiver). I-601A is provisional waiver for a potential 9B ban only. If there is some other ban, then lawyer should have realized that and should not have advised you to do I-601A.

 

At this point, you need to figure out what bans she is denied under and file I-601 for those bans.

 

And as dnoblett mentioned above, why didn't she just do Adjustment of Status in the US?

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  • 4 weeks later...

 

We had a disaster in Guangzhou. our visa was denied by Consular Officer.
My wife was in the US for 13 yrs, we are married 6. with attorney help we filed 601a
and I did previous i130, 864 and DS 260. all approved.
Lawyer said no problem, we always get visa, only a couple of relationship questions.
we were ambushed by CO, not a nice guy. he was aggressive in questions, zeroing in
on entry to US issues. My wife was nervous and intimidated.
Slammed -denied without any written or verbal explanation. no
name of CO, no supervisor review.
She is now stranded in China, me back in US alone. I'm dying w/o her.
Warning DO NOT leave US for consular interview. be 110% certain.
get second legal opinions. this is clearly my lawyers fault. the interview prep
mentioned none of these possibilities. I would give up the green card we don't have to get her back.
The GC is not necessary to be comfortable in US, especially if older.
there are many incompetent lawyers, many turn over work to ignorant paralegals.
I hope and expect to get 601 prepared & approved, but I got to figure out exactly where
the wheels came off this time.
I read the processing times run 9 months.
consider your risks. they will deny very easily, w/o compassion or legal representation.
tom

 

Edited by Randy W
seems to be a miscue - a dupe of the original post (see edit history)
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