ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)News from Vermont
So sorry to hear of this. It's been such a long wait for you three. Best of luck with him relocating to Canada, if that's what you decide.
CaladanMaleCanada2007-04-03 16:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
Congrats! And really, thanks for reporting back with the update!
CaladanMaleCanada2007-05-01 22:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
Right. I have that pdf, too; pretty clearly CiMT. Just wasn't sure about the exemption based on maximum severity of sentence YuandDan noted, but I'll yield to your greater experience on that statute. Does the venue not affect the maximum imposable sentence at all?

Definitely disclose. Lying bad.
CaladanMaleCanada2007-02-07 21:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
garyandkris, what you need to consider from the police report is what the offense was, and what the maximum *could* have been, not what was actually assessed.

(Delco, I think you're reading that wrong. Assuming that the damage was under £5,000, from what garyandkris posted, the case *must* be heard in a Magistrate's court where the maximum is three months, not 10 years. You're right if the amount assessed was over £5,000 and it was an *option* to go to Crown court, but on this information, it can't be sent there if the damage is under £5,000, and so there's no 10-year option on the table. Yes? No?)

garyandkris, I think YuandDan has this right. If the maximum (on your post) that your husband could have received was three months in prison, that seems to fall under the exception YuandDan bolded. It's probably not a bad idea to consult with a lawyer to give you ideas on how to explain it, and to make sure that you're reading the relevant law correctly.

None of us can give legal advice here, obviously. Good luck.
CaladanMaleCanada2007-02-07 20:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Other names used, was told not to declare it
Seriously. If you never used the name on any paperwork, then it's as good as a pet name or buddy nickname. (Would you put Snugglymuffin Honeypie or J-Dizzle on a piece of paperwork?) Take a deep breath.
CaladanMaleCanada2007-05-08 21:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)removing criminal record U.K.
For immigration purposes, a pardon or having the record expunged doesn't necessarily mean you won't still require a waiver. The U.S. isn't bound to recognize other nation's pardons.
CaladanMaleCanada2007-04-13 13:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal and working

Thanks Lucyrich - it's very helpful to have the actual law cited.

And everyone else should avoid posting answers to questions when they clearly do not have the correct answer. There is WAY too much misinformation in this thread alone that could have had disasterous results for the OP.


Yup, apologies.
CaladanMaleCanada2007-08-08 17:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal and working
She can't adjust based on the original K-1. But she did enter legally. Since she's married you now, you can file an I-130 and the AOS package to adjust based on her NEW status. An overstay and unauthorized work should be forgiven. She should *not* go home.
CaladanMaleCanada2007-08-07 14:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Ten year ban and information mistakes
QUOTE (Lilikoi @ Aug 22 2007, 06:29 AM) <{POST_SNAPBACK}>
But kitkat wrote when you face the 10 year bar you cannot file for 601. Is this different in between k1,k3 etc. I am so confused.


Here's the part of the law that kitkat quoted in the other thread:

QUOTE
INA §212(a)(9)© provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.


Break it down. You are excludable if:
A) you were unlawfully present for more than one year (aggregate, so they add up all your overstays) or A*) you were ordered to be removed
AND
C) you then entered or tried to enter the U.S. unlawfully, i.e., tried to sneak in without inspection

You need to fulfill both of those conditions to incur a lifetime ban. If you were here legally, and just overstayed, and didn't try to sneak in afterwards, you incur a ban, but it's NOT a lifetime ban, and it is waiverable.

The specific clauses are important.

To the OP: the standard of admissibility and inadmissibility doesn't change based on whether you are a fiance or a spouse. You'd have to file a waiver either way. So while you could get married, you might as well see the process you've already started through till the end. kitkat's advice is excellent.
CaladanMaleCanada2007-08-22 08:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Arrested, but never charged....
QUOTE (maxident213 @ Sep 26 2007, 01:38 AM) <{POST_SNAPBACK}>
When the time comes and we begin the K1 process, am I going to need a waiver? Assuming several years have passed?


Maybe? This is beyond the advice of anyone here to say concretely, because so much with drug law depends on the fine details. You haven't been convicted of anything, which is a good thing, but if I were you, I'd want to talk to a lawyer about how to handle the medical for the K-1 (where they may ask about drug use) and habitual use.

Theoretically, with a clean record and a clean medical years down the road you should be fine, but it's very hard to say partially because it's hard to say (even after reading blueblue's links) how they count 'abuse' or 'addiction.' 'Experimentation' isn't supposed to be a bar to admission, but from reading around VJ it seems that consulates have a lot of latitude on how they construe 'experimentation', and they're not always consistent. One use? Two uses? Do you need to demonstrate rehabilitation?

I have no idea. That's why God invented attorneys.

blueblue's links are a good place to start.
CaladanMaleCanada2007-09-26 17:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Arrested, but never charged....
A consult with an attorney is probably not a bad idea.

A couple of thoughts:
On one of the forms (DS-156K), they ask whether you've been arrested or convicted of any crime or offense. You were arrested; the fact that you weren't convicted surely counts in your favor, but I don't see an honest way to answer that question that isn't 'yes.' I don't think 'pretend it never happened' is an option here, but an attorney can help here.

Some who is a drug abuser can be inadmissible, but how exactly they make that determination is unclear. (It seems sometimes to come up during the medical exam.)
CaladanMaleCanada2007-09-25 07:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visiting US before a F-1 (student visa) or J-1 (exchange scholar visa) issues
The issue's the same on any non-immigrant non-dual intent visa. Can you show that you intend to return home on this trip? Whether the F-1 is pending is sort of irrelevant here, because the F-1 is a non-immigrant visa (so it's not as though there's a strong presumption of immigrant intent like it would be if you had a fiancee in the States, just the usual presumption.)

As long as you adhere to the terms of the VWP, you should be fine. Proof of ties is not a bad idea, but if you have a well-defined visit with a well-defined return date and purpose, you should be in good shape.
CaladanMaleCanada2007-10-08 11:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal for 10 years.....
QUOTE (applesac @ Oct 29 2007, 08:32 PM) <{POST_SNAPBACK}>
I beleve the correct time for getting his legal status is 7 YEARS, it is very easy to obtain all he has to do is go to the nearest police department and tell them the situation they will then provide him with the proper paper work to be filled out. It's not well know buy very many people as they only issue a li
mited number. So have him hurry down to get his spot.





The truth is there is no such law, and if he is persitent in beleving so then send him for the paper work.


Lying to people isn't condoned on this site.
CaladanMaleCanada2007-10-29 21:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Proactive or Pessimistic?
The first thing you need to do is get his file, but since they told him he could apply for another visa, it sounds like he was just turned back at the POE because they suspected he had immigrant intent (visiting you.) If that's all they've recorded (no misrepresentation), then that will not be a problem when you're getting your K-1 (because the point of the visa is to allow immigrant intent!)

Immigration violations don't count as a crime of moral turpitude, so if there's no misrepresentation, then he should be just fine.

But you need to get your hands on that file, and you might want to run it by a lawyer (a consult shouldn't be too expensive) just to make sure.
CaladanMaleCanada2007-11-01 08:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Past Prison Time in Mexico a Problem? CIMT?
QUOTE (blueblue @ Oct 27 2007, 12:01 PM) <{POST_SNAPBACK}>
QUOTE (Caladan @ Oct 27 2007, 09:36 AM) <{POST_SNAPBACK}>
QUOTE (Boiler @ Oct 27 2007, 06:52 AM) <{POST_SNAPBACK}>
You have to declare all past crimes. Not just those that may appear on a Police Certificate.


Boiler's made the point I was going to. You have to disclose arrests, too, and the U.S. usually does not recognize other countries' pardons or expunging the records as overriding the crime indicating moral turpitude. If he's found inadmissible, then you qualify as a relative to file an I-601 waiver, where you, the USC, argue that it would be an extreme hardship to you to relocate to your fiance's country.

On this sort of thing, the devil is 100% in the details. How old was he? Was he the driver? Was he found not guilty or did he plea? Were there one charge or many? (If this were a drug case, the difference between 'no problem' and 'inadmissible' might be something as simple as 'were they on a street corner near a school?')

And that's well beyond anyone's expertise here. A site like visajourney is only good insofar as the experiences are shared. Get yourself a good lawyer. (People over at immigrate2us.net probably will have good suggestions for one.)


As far as inadmissible goes, if he was not convicted then he would not be inadmissible. If he was then it is probably considered a CIMT and would have to file a waiver. If it is just an arrest, he would have to say he was arrested. If he started explaining all the details, then I am sure the CO will look at him in a different light just as the folks on this site have. It is a pretty horrific type of situation that most average people would be very concerned about. I wouldn't recommend going anywhere without a lawyer on this one.


One of the weird bits of the regulations is that confession to a consular officer can count, for visa purposes, as sufficient evidence to exclude someone. One way this might come up: girl is a prostitute, but calls herself a massage parlor worker (no arrests, but everyone in the area knows the euphemism), CO questions her gruellingly, she admits to it, she's inadmissible. Or someone admits to drug use during the medical. Even if the petitioner wasn't convicted. It's a bizarre area of law.

So the guy (hypothetically) could have been found not guilty due to bribery or his sister pulling strings, but were he to confess it in an interview blithely, the CO could certain use that to find him inadmissible. Hence, lawyer up.
CaladanMaleCanada2007-10-27 15:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Past Prison Time in Mexico a Problem? CIMT?
QUOTE (Boiler @ Oct 27 2007, 06:52 AM) <{POST_SNAPBACK}>
You have to declare all past crimes. Not just those that may appear on a Police Certificate.


Boiler's made the point I was going to. You have to disclose arrests, too, and the U.S. usually does not recognize other countries' pardons or expunging the records as overriding the crime indicating moral turpitude. If he's found inadmissible, then you qualify as a relative to file an I-601 waiver, where you, the USC, argue that it would be an extreme hardship to you to relocate to your fiance's country.

On this sort of thing, the devil is 100% in the details. How old was he? Was he the driver? Was he found not guilty or did he plea? Were there one charge or many? (If this were a drug case, the difference between 'no problem' and 'inadmissible' might be something as simple as 'were they on a street corner near a school?')

And that's well beyond anyone's expertise here. A site like visajourney is only good insofar as the experiences are shared. Get yourself a good lawyer. (People over at immigrate2us.net probably will have good suggestions for one.)
CaladanMaleCanada2007-10-27 09:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)already married to "illegal"
QUOTE (abel & maria @ Feb 16 2009, 09:58 PM) <{POST_SNAPBACK}>
he has been here in the US for years. there is documentation if you consider his past tax returns. im just new to all this and have heard alot of different stories and thought that other people in my situation might have some answer, or better info for me. thanks!


Your options depend on his actions:
1) How did he come to the U.S.? If he overstayed a visa but entered legally, he can adjust status based on marriage. If he entered illegally, he will not be able to adjust within the U.S.
2) Has he ever been deported? (EWI after being deported, iirc, is not eligible for a waiver.)

Whether he is eligible for waivers depends in part on his actions. immigrate2us.net has good information, and a consultation with Laurel Scott (visacentral.net) who has experience with these specific sorts of issues might be advisable.

CaladanMaleCanada2009-02-17 11:40:00
United KingdomTravelling as "fiancee"
Shouldn't be an issue, Carrot, if you were coming through Canada. They don't record your responses if you were entering through Canada and compare them to your I-129F. I know at least one time C. said 'friend' instead of 'girlfriend'. Hasn't been an issue.

Not sure about a tourist visa, though.

Edited by Caladan, 12 January 2007 - 06:44 PM.

CaladanMaleCanada2007-01-12 18:43:00
United KingdomMcCann Parents Named as Suspects..
I certainly hope this isn't the paradigm of British policing. Say, it could have been a one-legged ballet dancer wearing a boa that killed the girl instead of the German basement dweller or the pedophile priest.

I am not surprised that the Portuguese police are questioning the parents for two reasons. Statistically, most murders aren't committed by strangers, and that goes double for children. Family is always the first stop.

Second, Portugal probably has an interest in calming hysterical tourists. If you arrest the parents, potential tourists think 'Oh, it's not the area that's dangerous, just the girl's parents.'
CaladanMaleCanada2007-09-15 12:29:00
United KingdomIt's Finally My Turn!
Congrats on the NOA2!
CaladanMaleCanada2007-11-30 17:01:00
Russia, Ukraine and BelarusPOE- Helsinki or JFK???
As far as I know, the only foreign airports where you clear U.S. immigration and customs before you get on the plane are in Canada, and.. Dublin. So he should clear immigrations at JFK.
CaladanMaleCanada2007-08-21 14:50:00
Russia, Ukraine and BelarusHow hard was it for your spouse to learn English? How did you help?
If there is a university in your area that has a lot of international graduate students, check for "language tables." through the international office. Quite often the spouses of students have weak English, and there are groups, usually over lunch, where they'll meet and speak only English. It's nice for forcing communication, because it's in an atmosphere where everyone is learning, so people don't feel self-conscious about mistakes.

And sometimes you can find a language table exchange; the foreigner helps a grad student or undergraduate by having a Russian (or whatever)-only hour on Tuesdays, and in exchange the student meets for an English-only hour with the foreigner.

It's not going to replace language instruction at home or immersion, but it's good to have a way to practice the language that isn't always with one's spouse.
CaladanMaleCanada2009-02-18 18:03:00
Mexico, Latin & South AmericaExamen medico en Panama
My Spanish isn't very good, but I figure you might get more responses in this forum. smile.gif
CaladanMaleCanada2008-02-21 15:12:00
Mexico, Latin & South Americaporque los hombres son mentirosos??


It's weird... her profile says she's Venezuelan, but her Spanish is just like she learned it as a second language. She does not speak Spanish, at least not fluently... it might be just a bluff or however you can call that. IMO!


Interesting....



I wouldn't put too much weight on that, given that the Internet is full of native English speakers that sound uneducated in forums. u no wut I mean?!!11?
CaladanMaleCanada2006-11-12 16:38:00
Africa: Sub-SaharanToo Young For Marriage?
Above a certain age, it's more a maturity level than an age level. (i.e., no trying to convince me a 12 year old is really mature.) Your parents are probably worried that you're so in luvvvvv with Africa and exoticizing everything after studying abroad that you're more in love with an idea than committed to a marriage.

I've know people who married at 20 or 21 because they were so sure it was the one, who were divorced by 25; I've known people who married at 21 who are fine. It's really hard to generalize.

Take your parents' concerns seriously, but don't let it dictate your life.
CaladanMaleCanada2007-03-02 10:15:00
National Visa Center (Dept of State)Notification when it moves onto the Consulate fromm NVC?
Excellent. Thanks for the info.
CaladanMaleCanada2006-10-31 15:06:00
National Visa Center (Dept of State)Notification when it moves onto the Consulate fromm NVC?
How long does it take to get an e-mail response, on average?
CaladanMaleCanada2006-10-31 14:39:00
National Visa Center (Dept of State)Notification when it moves onto the Consulate fromm NVC?
Thanks! Didn't want to bother someone at the NVC if the standard procedure was to get a letter, and wasn't going to bug some poor f00b at the NVC if that was the case.
CaladanMaleCanada2006-10-29 09:49:00
National Visa Center (Dept of State)Notification when it moves onto the Consulate fromm NVC?
I received the letter from the NVC that gave me my new case number. Blah blah.

Will I, the petitioner, receive any sort of notification when the petition is forwarded onto the consulate?

I'm asking as my fiancé a) lives on a farm in the middle of West Nowhere, Alberta, and B) works out of town for weeks at a time. So I basically need to know when I should tell him to start keeping his eyes open for it and arranging for someone to get the mail out of the country mailbox.
CaladanMaleCanada2006-10-28 16:30:00
K-3 Spouse Visa Process & ProceduresVisiting the US while filing for K3
He is planning to visit me over New Year's, and he'll have a letter from his employer. If he gets denied, at least he's crossing customs on that side. But neither of us have ever been hassled.

Usually, when I travel into Canada, and they ask why, it's a two part answer: 'What's the purpose of your visit?' 'Who are you staying with?' Answered with: 'vacation/spring break/Christmas' and 'my boyfriend' and sometimes chattering about visiting Jasper. Sometimes they ask me what I do back in Connecticut.

Although there was the one time where they asked me all about him, instead. Very weird. I wanted to point out that *I* was the one they had to let in, as he was already there!
CaladanMaleCanada2006-11-11 12:26:00
K-3 Spouse Visa Process & ProceduresWhat kind of folder for applications?
We just used paper clips. For the check, we put it in a baggie and stapled the baggie to a blank sheet of paper.
CaladanMaleCanada2007-12-17 16:16:00
K-3 Spouse Visa Process & ProceduresPetition to sign if interested
QUOTE (D&N @ Dec 17 2007, 09:52 PM) <{POST_SNAPBACK}>
A K3 visa is nothing more than a pretty stamp on a passport that allows the beneficiary to get through a port of entryand stay in the US for 2 years. There is no PR number associated with a K3. There is no authorization to work associated with a K3. All of that comes through the separately filed I130 petition and subsequent application for adjustment of status. A K3 has exactly the same legal status as, yes, a sponsored tourist. Hell vacationers can get non-immigrant visas faster than our spouses can as you so elequently pointed out. (laughing)


QUOTE (Caladan @ Dec 17 2007, 04:58 PM) <{POST_SNAPBACK}>
A K-3 has an automatic permanent residency number available for them, and may petition to work. Both of which need to be petitioned for, but an H4 has neither of those things.

I agree with you that concerns about security are misplaced. But if your argument is 'but their visa is faster' the answer will come back 'it is a simpler visa with no path to permanent status and no ability to work.' It's faster for a tourist visa, too. Same thing.



You have an approved I-130 prior to the visa being issued, correct? The K-3 basically completes the first step of a permanent residency application -- establishing an immediate family relationship -- outside of the country. You can file for an I-765 based solely on the K-3, correct? It is a non-immigrant visa with a path for permanent residency. The others are not.

I'm saying that there are differences in the privileges accorded to the people based on the visas assigned. Should it be faster? Yes. Is the security claim bullshit? Yes. Are you comparing apples and oranges? Yes, you are. If you want a better argument, compare fiancee visas (which establish the same path) with K-3s.
CaladanMaleCanada2007-12-18 09:58:00
K-3 Spouse Visa Process & ProceduresPetition to sign if interested
If you want to make a more convincing argument, you might want to compare the fiance times with the spousal times. If you can show that being engaged means you get here faster than being married, you'll have parallel visas in the same class that lead to the same eventual route (permanent residency), and a good case. Perhaps an amendment to the law would allow spouses to file just the I-129F, for example. But I don't see a lot of progress made on comparing family-based immigration with employment-based derivative status.
CaladanMaleCanada2007-12-17 16:05:00
K-3 Spouse Visa Process & ProceduresPetition to sign if interested
A K-3 has an automatic permanent residency number available for them, and may petition to work. Both of which need to be petitioned for, but an H4 has neither of those things.

I agree with you that concerns about security are misplaced. But if your argument is 'but their visa is faster' the answer will come back 'it is a simpler visa with no path to permanent status and no ability to work.' It's faster for a tourist visa, too. Same thing.
CaladanMaleCanada2007-12-17 15:58:00
K-3 Spouse Visa Process & ProceduresPetition to sign if interested
Their spouses, however, don't necessarily have the right to work or permanent residency status at all. That's the difference. The Ks allow you to file for residency status and work. An H4 allows you to be stay-at-home spouse. I believe the derivative off of the L is the same. Two of my friends are from AUS/NZ; he's finishing up his degree, which gives her about four months to move from J-2 status to an employment-based one or they will both have to leave the U.S. in May.

I'm not saying that the system doesn't need reform, or that it isn't beyond strange than someone can go home, get married, and come back with a spouse if they're workers but not citizens, but it's important to realize that you are comparing apples and oranges. Same thing with the expedited fee processing; it's one thing when it doesn't carry an immediate immigration number like a work visa, but I know I'd think it a little weird if someone were on their fifth 'mail-order bride' because they could afford it an a genuine, but poorer couple waited even longer.
CaladanMaleCanada2007-12-17 13:34:00
K-3 Spouse Visa Process & ProceduresHaving a baby to show bonafide evidence ?
QUOTE (yellow123 @ Dec 16 2007, 01:49 AM) <{POST_SNAPBACK}>
When people are genuine about thier relationship they will do everything to be together. If a couple is facing the "bonafide evidence" requirement then having a baby will sigificiently help, at least, that's what in the mind of people like us.

I have talked to a CO about this matter and she informed me that usually there will not be a problem obtaining a visa once the child gets his DNA tested with a positive result.


The child won't have a problem because he's a USC (once proven) and wouldn't need a visa, just an American passport, if you're a citizen in most cases. If you're a PR, then he's eligible for a visa.That doesn't say anything about the mother's chances.

The baby alone doesn't prove anything. If you have a child together, certainly bring the birth certificate, but I can't think of a case where the CO said "Well, your case looks great, and you would have been approved had you two had a child together."

If you're looking for more evidence, think plane tickets, pictures, e-mail, phone calls, pictures with family, affadavits from friends, not a pregnancy test.

Edited to clarify.

Edited by Caladan, 17 December 2007 - 06:16 PM.

CaladanMaleCanada2007-12-17 18:12:00
US Embassy and Consulate DiscussionHas anyone's visa ever been denied due to mental health issues?
I don't think it's fraud unless the GP lies; asking him to rewrite the letter isn't fraud.

But I read the letter in the other thread and it sounds about as positive as it can be; I'm not sure what else you would want the GP to say. He isn't violent, suicidal, it hasn't been a severe case of depression. He sounds like every other professional American.

I don't know what else the GP can say; he can't promise that your husband will never need treatment, or never become violent, or never become more depressed.
CaladanMaleCanada2006-09-21 09:34:00
US Embassy and Consulate DiscussionK-1 Visa is Approved!!!!!
Congrats William!
CaladanMaleCanada2006-09-25 22:33:00
US Embassy and Consulate DiscussionStudent Visa / Marriage
If your wife is coming here as a student with non-personal funding sources (an outside fellowship, or if she's a graduate student), she may be eligible for a J-1, in which case you as her husband could conceivably be granted a J-2, which would allow you to work.
CaladanMaleCanada2006-10-15 19:17:00
US Embassy and Consulate DiscussionHow do you cancel a petition?
Okay, thanks: I just didn't know if there was an official form.

I'm not sure if we will be okay. From what I've read, I'm fine. From all the advice here, it's 'get a co-sponsor you need one' if your income is even close to the line. I'm guessing they scrutinize it pretty closely. And I know they look at the totality of circumstances, but that those can't make up for an income deficit. The 2007 poverty guidelines will also likely be higher, and his interview will probably be in 2007 if we continue on our present course.

I'm terrified that he won't be allowed in because we *are* borderline, and then we'll have a denial on record. I can't imagine making him go through that.

I still have to talk to my fiancé and weigh in his opinion, but I wanted to have all my options clear. Really seems like it would be easier to move to Canada at this point.
CaladanMaleCanada2006-10-22 15:34:00