ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 Visa denied under section 212(a)
QUOTE (antonio765 @ Jul 16 2008, 10:51 PM) <{POST_SNAPBACK}>
My fiance was denied her K-1 visa under section 212(a) misrepresentation. Form I-601 does not really apply to my situation. She lives in Thailand and when she went to her first interview on 6/30/08 she got real nervous and failed to mention what she did when she worked in a bar for 3 months in 2004. They called her back on 7/11/08 and asked her the same questions and then denied her the visa. Does anyone know what would be the best thing for us to do at this point.

I was told that filing for a K-3 visa would be the way to go and then file the I-601 later, but was also told that this might not be the way to do it.

Are there any other suggestions I have not seen my fiance for 1 year and I am having a real hard time accepting the fact that I might not be able to see her ever again.


In order for another visa type to work, the cause of the original denial needs be cured... I do not know how to cure misrepresentation.

You can see her if you go there....
payxibkaMaleUkraine2008-07-16 22:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Eligible for K3 Visa or must file waiver?
QUOTE (patrickmariasempre @ Jul 10 2008, 01:21 AM) <{POST_SNAPBACK}>
My wife entered the United States on a K1 Visa on August 20, 2006. We were married in the U.S. on November 18, 2006. However, because of a number of complications, we never filed her AOS documents. Then, on October 27, 2007 she departed the U.S. and returned to her home country.

Now, we wish to reconcile and we are discussing her return to the United States. Will we be eligible to simply file for a K3 Visa? Or, will she be considered ineligible? If she is considered ineligible, must we file for the K3 and wait for the application to be denied prior to filing a waiver?

Any help with these questions would be greatly appreciated!

Thank you!


File the needed petitions as the overstay will not affect there outcomes. When the peitions are approved apply for the visa. At the visa interview she will most likely be refused. Learn all you can about the waiver process and how it works at your consulate. Upon refusal, have waiver in "pocket" and proceed with the waiver application....
payxibkaMaleUkraine2008-07-10 14:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Which is best, K-1 or K3?
QUOTE (mvngs @ May 12 2008, 01:15 PM) <{POST_SNAPBACK}>
Hello All,

I'll be brief....SO entered US illegally when he was 17yrs. old (now 28yrs.) He was married and divorced w/ one child in the U.S. to a citizen, we now have a child together and wish to marry. Which would be the best route for us? K1 or K3 and if there any way we can do this and him NOT have to return?


As the illegal entry will require his departure from the US... and thus will require a waiver be granted for a visa..... (because a re-entry ban will be imposed)

My guess (and only a guess) is that a greater chance of success for the granting of the waiver when married to a USC rather than just a fiance(e)...
payxibkaMaleUkraine2008-05-12 13:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)After 221(g) and visa refusal ,yesterday the USCIS received our petition
QUOTE (One heart @ Apr 30 2008, 03:44 PM) <{POST_SNAPBACK}>
QUOTE (brnidokiegurl @ Apr 30 2008, 03:42 PM) <{POST_SNAPBACK}>
I know its not good for a return of any kind (take my word) mine was expired same month it came back but im thinking the k3 wont expire. So get with your rep and stay after them to keep it current and try to find out what more information you can send to them to help move it alone but it is a long slow process (do u have any idea of your own what area it may have been short it)

Yes,the black officer was not satisfied of the age difference between us and there was no proof that my wife's family was happy of our marriage.............


I did not know that "proof" of acceptance by the wife's family was required...
payxibkaMaleUkraine2008-04-30 15:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)After 221(g) and visa refusal ,yesterday the USCIS received our petition
QUOTE (brnidokiegurl @ Apr 30 2008, 03:56 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Apr 30 2008, 02:47 PM) <{POST_SNAPBACK}>
QUOTE (One heart @ Apr 30 2008, 03:44 PM) <{POST_SNAPBACK}>
QUOTE (brnidokiegurl @ Apr 30 2008, 03:42 PM) <{POST_SNAPBACK}>
I know its not good for a return of any kind (take my word) mine was expired same month it came back but im thinking the k3 wont expire. So get with your rep and stay after them to keep it current and try to find out what more information you can send to them to help move it alone but it is a long slow process (do u have any idea of your own what area it may have been short it)

Yes,the black officer was not satisfied of the age difference between us and there was no proof that my wife's family was happy of our marriage.............


I did not know that "proof" of acceptance by the wife's family was required...



it may not be REQUIRE but an excuse as such, if you ask my mom she would prob say no also, but each of my kids talk to him (grown kids) and gave me letters of acceptance i sent with the application


an excuse for refusal that is subjective to overcome
payxibkaMaleUkraine2008-04-30 16:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (NanHatch @ Mar 25 2008, 01:07 PM) <{POST_SNAPBACK}>
My questions are:
1. Can we still apply for a K-1 visa without me recieving this waiver first?? or can we apply for the K-1??
2. Do I have to disclose this charge on my application??
3. Is there anything that I need to do if he wanted to spnsor me??


1) Nothing to stop you from petitioning (which is a required step before visa application) but the visa won't be issued without a waiver
2) If you read the petition it says under what circumstances you must declare....
3) There is no such thing as sponsoring by an individual USC per se.......
payxibkaMaleUkraine2008-03-25 13:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiance' Turned away
Hopefully zyggy will happen by...he would be one of the most knowledgeable on this site
payxibkaMaleUkraine2008-02-28 10:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiance' Turned away
Immigrants
According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act, is excludable.

A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.

Nonimmigrants

Under INA â•–212(a)(7)(cool.gif(i), any nonimmigrant who:

is not in possession of a passport valid for at least six months from the date of expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to some other country during such period; or is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission is excludable.

A general waiver is authorized under INA â•–212(d)(4):

on the basis of unforeseen emergency in an individual case;

on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having common nationality with such nationals (Canadian citizens and landed immigrants of Canada having British commonwealth citizenship are therefore exempt from visa and passport requirements except in the case of K-1 and E-1/E2 nonimmigrant visas); or

in the case of aliens proceeding in immediate and continuous transit through the United States pursuant to landing agreement contracts entered into by common carriers.
A waiver is also authorized for visitors to Guam and certain nationals entering as visitors under the Visa Waiver Pilot Program.

Edited by fwaguy, 28 February 2008 - 01:29 PM.

payxibkaMaleUkraine2008-02-28 13:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Could it be a major factor?
The timeline would indicate the "he" is the petitioner and therefore the USC....
payxibkaMaleUkraine2008-02-22 14:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Could it be a major factor?
QUOTE (andywv @ Feb 22 2008, 02:52 PM) <{POST_SNAPBACK}>
My wife usc was never asked about any criminal background when we did our application , i think you are mis understanding the process .


Actually IMBRA/VAWA and Adam Walsh potentially come into play against the USC.
payxibkaMaleUkraine2008-02-22 16:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)VISA Question
IMBRA affects only the USC...
payxibkaMaleUkraine2008-02-14 13:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)VISA Question
QUOTE (CBR @ Feb 14 2008, 01:09 PM) <{POST_SNAPBACK}>
I don't see anything in the OP's post saying they used a marriage broker or even how they met. What would IMBRA have to do with their situation?


I agree the IMBRA law is not in play here as we are referring to the foreign fiance, however just to clarify, what is commonly referred to as IMBRA has more reaching provisions than simply the use of a marriage broker. For example, it also asks about certain criminal convictions & provisions regarding previous petition activity.....
payxibkaMaleUkraine2008-02-14 14:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)VISA Question
QUOTE (AlHayatZween @ Feb 14 2008, 01:31 PM) <{POST_SNAPBACK}>
Yes, IMBRA only concerns the petitioner.
If it is your second K1 petition for the same person within two years, you'd still have to do the IMBRA regardless of the marriage broker aspect.


A second petition for the same person is actual a point of confusion... If you read the actual provisions of the law it indicates two or more petitions for different fiance(e)'s.... The question is in how the USCIS is adjudicating these as initially people were receiving RFE's but they may be adjudicating properly now.
payxibkaMaleUkraine2008-02-14 14:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)hiv waiver
QUOTE (Natashabrenda @ Nov 7 2007, 02:52 AM) <{POST_SNAPBACK}>
I might be wrong,but as far as I know there is NO waiver for HIV (Aids).HIV banns you from immigrating to the USA.
Nat


Not true... A waiver is theoretically possible in certain (and maybe limited) situations.
payxibkaMaleUkraine2007-11-07 11:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Friend needs help
I would assume that this one-way document is needed because the individual's passport has expired. I cannot imagine how your US status would be affected...

The India Embassy to the United States is located in Washington DC. What is in New York is a Consulate...
payxibkaMaleUkraine2007-10-04 13:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Friend needs help
I agree that caution is best in this situation and if you are uncomfortable doing it then don't do it. I think the suggestion that your "friend' should bring someone who has nothing at risk is a fine idea. However, the bottom line here is that is is the Indian government dealing with an Indian citizen and the US government is not involved (nor does it probably care) based on what you have said. The US government won't "meddle" in the affairs of another government's dealings with there own citizen. I would not envision the US government getting involved because they certainly are not going to stand in the way of someone who wants to leave... but I also do not understand though what purpose this "witness" will serve either so don't act on anything I might say........
payxibkaMaleUkraine2007-10-04 13:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-212
At first read it sounds like the water is pretty deep.... I can only think of one thing.. L A W Y E R !!!!!
payxibkaMaleUkraine2007-07-06 10:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Question about past record

Since you are getting married before starting the immigration proceedings this issue should not affect you. IMBRA does not apply to K3 filers, or IR1/CR1 files. And, even if you were filing for a K1, with a waiver request it would still most likely be approved. Good luck!


Whooooooaaaaa, The only IMBRA clause that does not affect K-3's is the multiple filings... all other provisions do..... However, I would not expect too big a deal .....

Edited by fwaguy, 10 January 2007 - 03:50 PM.

payxibkaMaleUkraine2007-01-10 15:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa waiver 're-offenders'

Thanks guys, he's going to bring payslips & employer letter.


off topic:
I believe we can get married under the VWP, so long as it wasn't the intention or reason of the visit. Is that true?


Already sounds like it is....

The question is not whether you can get married under VWP, the question is can you adjust status from.....
payxibkaMaleUkraine2006-11-20 07:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied

We had our interview today and we where denied what do I do now? What happens? I am so confused and lost and this is so unfair. I call the congressman and they are so "busy." I also called the consulate but becuase it is ramadan they close early so nobody was able to help me. I was told call tomoroow and I will inshallah. Only Allh knows best right now and I am going to pray and ask for guidance because I am truely lost. And confused. Our process went fast and also, I made the salat about hte situation and I got a good feeling and everything went smoothly and then baam a big wall. This sucks anybody have any suggestion how do you prepare for the denial and reaffirm thing?


Denied based on what reason? Any given? Was it lack of certain documentation?
payxibkaMaleUkraine2006-10-17 11:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221g administrative processing after the U.S immigrant visa interview?
QUOTE (wife_of_mahmoud @ Jan 4 2008, 11:50 AM) <{POST_SNAPBACK}>
Wow I was posting a reply in MENA, apparently just as the post was being teleported to another forum... took my reply into cyber-limbo....


Someone disagreed with my choice of location apparently. laughing.gif

ETA: my feeling is that 221g questions through MENA consulates are more relevant to the MENA forum than any other. They had originally posted in a different forum altogether.


Anyway, 221g for administrative processing/security checks is standard procedure for MENA consulates. Best wishes for a speedy resolution.

Edited by Jenn!, 04 January 2008 - 11:57 AM.

Jenn!FemaleMorocco2008-01-04 11:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221g administrative processing after the U.S immigrant visa interview?
QUOTE (LaL @ Jan 4 2008, 12:34 PM) <{POST_SNAPBACK}>
QUOTE (Jenn! @ Jan 4 2008, 10:53 AM) <{POST_SNAPBACK}>
QUOTE (wife_of_mahmoud @ Jan 4 2008, 11:50 AM) <{POST_SNAPBACK}>
Wow I was posting a reply in MENA, apparently just as the post was being teleported to another forum... took my reply into cyber-limbo....


Someone disagreed with my choice of location apparently. laughing.gif

ETA: my feeling is that 221g questions through MENA consulates are more relevant to the MENA forum than any other. They had originally posted in a different forum altogether.


Anyway, 221g for administrative processing/security checks is standard procedure for MENA consulates. Best wishes for a speedy resolution.



Eeep - that was me - sorry! I moved it to the 221(g) forum as it specifically discusses this topic and was created to house this specific type of post.


Ok, no probbo. I'm usually hesitant to put 221g for AP in here because there's often confusion, but will do in the future.
Jenn!FemaleMorocco2008-01-04 12:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is there any difference between Administrative processing and Administrative Review,
It *might* be that they are considering administrative processing the FBI name checks that are done stateside and administrative review the consular processing and local investigation. Have you been calling the DOS to find out if your name check is complete? If you are no longer in name check, then I would think that administrative review refers to whatever they are doing at the consular level to verify your visa eligibility.
Jenn!FemaleMorocco2009-08-18 07:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is there any difference between Administrative processing and Administrative Review,
QUOTE (Bajih @ Aug 18 2009, 06:05 PM) <{POST_SNAPBACK}>
QUOTE (Jenn! @ Aug 18 2009, 08:17 AM) <{POST_SNAPBACK}>
It *might* be that they are considering administrative processing the FBI name checks that are done stateside and administrative review the consular processing and local investigation. Have you been calling the DOS to find out if your name check is complete? If you are no longer in name check, then I would think that administrative review refers to whatever they are doing at the consular level to verify your visa eligibility.



If you call DOS they can tell you if the name check is complete? It seems when I called last time she wasn't able to tell me anything as she wasn't allowed to tell me what was going on. (um, it is MY case..why wouldn't they be able to tell me what is going on?) What can/cannot they tell you when you call? I would seriously like to know a little more about what is going on...
Thanks!


Either things have changed since we were in AP (it was only a couple weeks, but almost 4 years ago now, so my info may be outdated), but they were able to tell me whether the name check was still pending. Maybe it depends on the representative you speak to?
Jenn!FemaleMorocco2009-08-18 19:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is there any difference between Administrative processing and Administrative Review,
QUOTE (MARM @ Sep 2 2009, 10:09 AM) <{POST_SNAPBACK}>
What I don't get is why don't they do all the review at the consulate level first and then finish the AP, or some other sort of proper method of getting things done...we were first in review at the consulate for "verifying eligibility for visa", then we were told we are in Admin processing, and now, as of today, we are told that it is in review at the consulate. wacko.gif wacko.gif wacko.gif


I don't get that either. What seems to happen too frequently (or used to at least) in countries like Egypt where AP is typically lengthy is that the security check is completed before the review at the consulate is performed. Then sometimes it takes them so long to review things at the consulate level that the security check expires and they have to rerun it. Once the new check is run, the case returns to the consulate for review again, and it becomes a vicious cycle.

I hope this is the last leg for you guys! good.gif
Jenn!FemaleMorocco2009-09-02 09:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)After we denied in k1 we have plan to get married in and apply for k3
moved to Waivers forum.
Jenn!FemaleMorocco2009-02-11 13:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i need help please
Moving to waiver forum...
Jenn!FemaleMorocco2009-02-10 16:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)my wife and I share Herpes 2, will this be a problem?
QUOTE (*julez* @ Jan 14 2009, 08:53 AM) <{POST_SNAPBACK}>
stupid comments, photos and emoticons don't fill the bill in the so-callled "upper forums".


Generally speaking, I have to agree with this. Let's leave the comedy for OT, shall we?

I am going to close this topic now since it is so old.
Jenn!FemaleMorocco2009-01-14 12:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)BRING ON THE DANCING MEN!!!!
Congratulations, Tammy! You're a survivor! kicking.gif
Jenn!FemaleMorocco2008-11-14 09:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Fiancee Visa & Married Someone Else
Overstay is forgiven if the non-USC adjusts status through marriage to a USC from inside the U.S. by filing the I-130 and I-485. However, I am unclear as to whether this general rule applies to K1 visa holders.

When she left the U.S. after having overstayed her visa by more than 180 days, she triggered a ban. I believe she will have to file an I-601 waiver.

Also, I would advise attorney consultation.

I'm moving this topic to the waiver forum.

Edited: cited wrong visa type

Edited by Jenn!, 15 September 2008 - 07:59 PM.

Jenn!FemaleMorocco2008-09-15 19:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal for 10 years.....
If he had entered legally, but overstayed his visa, he would be able to adjust status based on marriage to a USC and his overstay would be forgiven. Since he entered illegally though, he would have to return to his country and apply for a spousal visa and file a waiver.

ETA: I'm not so sure he would even be able to file a waiver though. I think that because he was here illegally for more than a year, he'd be subject to a 10-year ban. Maybe that's where he's getting the 10 years idea from?

Edited by Jenn!, 29 October 2007 - 07:01 PM.

Jenn!FemaleMorocco2007-10-29 18:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Have any of you experienced this?
Hi Wendy,

You might want to check out the waivers forum. I believe that you will have to file a waiver because of the overstay, the people over there will know more. Your situation is not uncommon.

Edited by jenn3539, 21 March 2007 - 11:49 AM.

Jenn!FemaleMorocco2007-03-21 11:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)No Extreme Hardship To Prove - What Now?
I don't understand what you mean about being away for 5 years. What type of visa would you like to petition for, a fiance visa?
Jenn!FemaleMorocco2007-03-13 19:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)APPROVED! OUT OF ADMIN PROCESSING!
Great news! Congrats, sam! :dance:
Jenn!FemaleMorocco2007-03-12 12:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Approved
That's great, sweeties! Congratulations! :dance:
Jenn!FemaleMorocco2007-01-27 09:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Had my interview and got a 221(g)
Sorry to hear that Marcela. It sounds like it's something that can be resolved pretty quickly though once you're able to schedule an appointment. Will you be able to get one quickly?

Hang in there! (F)
Jenn!FemaleMorocco2007-01-04 16:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Had my interview and got a 221(g)

The 221(g) paper says :"Any information regarding your attempted trip, in 2005"


The thing about this is that they denied your visa back then, which means that you must not have shown sufficient proof of ties to your country. If your evidence then was not good enough *then* to overcome that burden, I can't imagine what you could come up with *now* to convince them.

I think Tom is right, see a lawyer.

:(
((hugs))
Jenn!FemaleMorocco2007-01-04 17:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)charged but no conviction?
What was the charge?
Jenn!FemaleMorocco2007-01-19 23:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied

Laura, I don't see where she has been given 221(g). I thought the visa was simply denied.


She received a 221g that stated the case would be sent back to USCIS because they doubt the validity of the relationship. In most cases, a 221g in Morocco is just for Administrative Processing, but they also give 221g's when they return petitions to the US. It's not an outright denial. USICS will either deny or reaffirm the petition. In the latter case, the petition will be sent back to the consulate for a second interview.
Jenn!FemaleMorocco2006-10-18 10:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OMG............................
Oh, I really hope this is good news for you, Vicky. I'm keeping my fingers and toes crossed! Hope you hear something soon!
Jenn!FemaleMorocco2006-10-13 11:38:00