Forum	Title	Content	Member	Sex	Country	Date/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-130 for husband of US Citizen	And mostly you just hear about folks needing waivers because they committed a crime while in the US. Once you get a DUI, etc, they are in the system with fingerprints, otherwise, probably not registered anywhere in US. Think about it, they are 'undocumented' people. WHOA! WHOA, there! Where do you suppose these folks got married? They would have filed a marriage certificate with the petition, indicating a marriage took place in the USA. That and no evidence HE was in the USA legally is all that is needed to trigger the ban are waiver requirement. However, they have also provided an honest G325a indicating the foreigner was in the USA for more than six years. There is no question that the visa will be denied and that only with a successful I-601 waiver, will the foreigner legally enter the USA anytime in the next ten years. Those who have committed crimes or were deported, need an entirely different kind of waiver.	pushbrk	Male	China	2012-02-21 04:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	On AP due to Divorce Decree	If denied for an invalid divorce decree, obtain a new divorce through the Commonwealth of MA., then, after you have the Decree Absolute in hand, either start over with a K1 or CR1 visa process . Edited by pushbrk, 12 December 2011 - 07:21 PM.	pushbrk	Male	China	2011-12-12 19:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Petition returned to USCIS	From what he told me, it seemed to be the discussion of my son that ended the interview. It was indicated in the original paperwork that I had a son and he did not, so I thought that was clear from the beginning. I also explained how our elationship grew from a long standing friendship in the original packet. Sheesh, being honest can be dangerous, huh? How do I appeal? I emailed the embassy, asking for a specific reason for the 221 (g) and offering to provide any additional documentation or clarification needed. Only a full and complete report of the interview conversation, both sides, in detail has a chance of providing the information needed to know what caused the problem. Don't concentrate on the last question but the whole enchilada. That detailed report is critical and should be WRITTEN as soon as humanly possible, while the memories are fresh. Don't interpret in the report. Just be accurate. Interpretation comes after the detail. We'll help.	pushbrk	Male	China	2011-10-27 06:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Petition returned to USCIS	You met in 1999 and your son is 6 years old. This means your son was born in 2005 (6 years after you met your now fiancé). The CO is thinking: if you were really interested in establishing a relationship of intimate dealings with him, why did you have to find someone else and get pregnant for him 6 years after you met with your current fiancé? If you were legally married to another man (assuming the "another" man is the father of your son), it brings some questions of 'moral values' to the fore; it's like looking for a marriage partner while still married to another man. This provokes some considerable doubts as to how genuine the relationship in question is. I don't mean to offend you; just trying to be objective as to the possible cause in order to device a tactful way around the difficulty. While this speculation may well be correct, it is still speculation. Without a full report of the interview day, it will remain no more than speculation.	pushbrk	Male	China	2011-10-27 11:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	Hello everyone, I was very happy to come across this site. It could not have come at a better time! I was trying to search what I have here, but I couldnt find it, so hopefully this wont be the 400th time youve answered these series of questions. Anyways, here is my basic scenario (Ill try to keep it brief). I am currently engaged to a woman from Peru. We intend to marry in June. She entered the U.S. in 2006 and was given a notice to appear under section 240 because she was found crossing the border. She failed to appear. She has a son with another father and the son is an american citizen. We met and just fell head over heels for each other, she is 35 and I am 22. After staying for a few months in the U.S. (she had been here for 3 years) we decided to move to peru (which everyone says was a mistake cause she can only come back in 10 years). After we lived there for almost 2 months I had to return to the U.S. I have asthma and I visited the hospital so many times that we couldnt afford it anymore to keep me there. Anyways, I guess here are my big questions, should I apply for a fiance visa or should I wait until we marry in Peru in June and then file our k-3? I will post more questions in the 601 section because thats the really confusing part. I know the age difference is not a strength. I cant find any information on a k-1 vs. a k-3. My concern is not speed. She will always be waiting for me and I will always be waiting for her, though the distance breaks my heart, when you love someone you would wait for the day every day until the day you die to be with that person. My concern is the success rate. Am I more likely to have her here with me if I do a fiance visa or wait till we are married? I know its a complicated scenario, as with all cases here it seems, but I wonder which is the best route. I want to marry her on my next visit to Peru just because I want her to be my wife, to have everyone witness and know that this woman is the reason I wake up everyday, and I want her to carry my last name and honor my family with her presence. Thank you all for reading and I hope I didnt bug you too much on my first post! Thanks again! Justin First, you don't apply for a visa. You're a US Citizen. Whichever path you choose begins with you filing a petition. which after approval allows your loved one to apply for a visa. If you want to marry in June, then a fiancee visa is out of the question as you will have a spouse, not a fiancee by the time any visa is issued. K3 is dead. CR1 would be the visa path that would require a waiver to be successful. The waiver route is a hard road because of the severe hardship standard to be met.	pushbrk	Male	China	2010-02-21 01:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	Thank you. I suppose its not a question of if we want to marry in June, but rather which route would be best for such a complicated process? We would marry tomorrow if I could be down there and do it, but we also know that as bad as we want to call each other husband and wife, we if meant we have a higher chance of being together, we would wait. As everyone here knows, when you really love someone, its really hard to be 3,000 miles away. Sorry for my K3 remark, it looks like I am coming into this petition process in a time of change, hopefully thats a good thing! Can you apply for a waiver if you file a fiance petition? I suppose that may be subject for a different section. Thank you again for the reply! There's nothing wrong with your K3 remark but it DOES indicate you did no reading in this forum before posting. Yes, you can apply for a waiver in a K1 case but applying and obtaining are not the same thing. Unless you can show SEVERE hardship, not just normal hardship a waiver is unlikely to be granted. IMO, you have a better chance of waiver success with a spouse than a fiancee but I expect opinions will vary on that. The waivers forum is the place to discuss that. Please read and use the search function in that forum before asking your question though.	pushbrk	Male	China	2010-02-21 09:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	I'm pretty much completely ignorant of hardship waivers, but wondered whether the fact that the climate in Peru exacerbates his asthma and makes it potentially life-threatening (which bad asthma often is) would be grounds for a hardship waiver on the basis that they cannot live together in her country? The hardship is generally not sufficient if it only prevents the USC from living in the beneficiary's country. There must actually be a severe hardship to the USC, if the beneficiary is not allowed into the USA. This whole thread should probably be moved to the waivers forum.	pushbrk	Male	China	2010-02-21 11:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	It is true that one must prove why it would be an extreme hardship to move to the spouse's country AND why it would be an extreme hardship if forced to stay in the US without them. Having said that, proving extreme hardship is done in many ways. It does not have to be a severe life or death situation, but that totally depends on what the inadmissibility is. If a person is a simple visa overstay or a single illegal entry the hardship standard is much less compared to someone with a CIMT or fraudulent entry. In theory the harship standard is the same for everyone, but in practice that just isn't true. Nobody has to show hardship if "forced to stay in the US without them". The hardship must result from the foreigner not coming to the USA. It's NOT the same thing. Who is going to force a US Citizen to stay in the USA? Yes, I realize passports can be held or revoked under certain circumstances like failure to pay child support but that's generally temporary, and NOT a hardship justifying a waiver. Anytime a "standard" is applied by subjective humans, the outcomes will appear to be inconsistent to some other subjective humans and even to objective ones. It's "human".	pushbrk	Male	China	2010-02-21 15:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	You might wonder if you are being used, to come into the USA. I'd question it, because of the AGE GAP between you. Solely. Whatever ya do, you won't know 'whats what', until after you file. Which ever petition you file, front-load it, to cover all red flags plus the 'regular' evidence yer supposed to submit. I remember when I was 22 - them 'older ladies' were always a boon, for me (no, not a boondoggle). But I digress. File Something - see wot happens - that's my best advice for now. My take is that it's wise to be sure of your life plan first and then follow the immigration path that matches the life plan. Personally, I wouldn't embark on the process at all until I was absolutely certain of the relationship. When I'm absolutely certain of a relationship, I get married. If you're still in the "keep my options open stage" then you're probably not absolutely committed to the relationship. Ultimately your commitment to the relationship will tell you what to do, since you MUST face the fact, you MAY NEVER be together in the USA.	pushbrk	Male	China	2010-02-21 16:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	It seems like you enjoy picking apart words without providing any sort of substance in your so-called advice. During waiver processing, you must choose to either live with your spouse abroad or remain in the US without them. You have to show why you cannot do either for the duration of your ban. Proving why it would be a harship to live in your spouse's country is not enough. Waiver denials have said that it would be a harship to live in the spouse's country, but that no one is telling them that they have to do so. So, that would mean that you would also have to show why it is a harship to continue living in the US without them. Maybe when you've actually been through the waiver process people would take your "advice" more seriously. I'm not a regular poster, but I am a regular reader. If you can find any advice in the post your responded to, please point it out for me. I find no disagreement between my statements on the subject and your own. As you know the hardship needs to amount to something significantly more severe than simply being separated. That's a normal hardship, not a severe one. One does not have to go through something to understand the issues associated with getting through it. If that were so, it would be very difficult to find legal assistance for a waiver process, or a burglary, murder, sexual molestation or other criminal defense.	pushbrk	Male	China	2010-02-21 16:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	CR1 will add about 6 months to the journey. Your call. That's not what I'm seeing, at least from filing to visa interview, I'm seeing one to two months difference. To the OP, you don't want to file a fiancee petition and then get married. It would just invalidate the petition and cause you to begin all over again.	pushbrk	Male	China	2010-02-21 19:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	CR1 is 2 months quicker than K1? No, I'm seeing the difference being one to two months, with the CR1 taking longer. I'm not seeing six months longer. I should add that this is "all else being as equal as possible" including how the case is managed through NVC using the shortcuts, not just comparing timelines of cases where you know nothing about how the NVC stage was handled. When the shortcuts are used the difference in timeline is shortened significantly. CR1 certainly CAN take six months or more longer. By the same token, a given K1 can be delayed for reasons outside anybody's control and often with no clear reason being evident.	pushbrk	Male	China	2010-02-21 21:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	K1 you can start now. CR1 obviously takes longer in that you have to wait until June. Plus or minus whatever the time difference pushbrk is referring to. I thought they were the same give or take. Waiver makes no difference either way. It helps to understand your context. You were quite economical with your words. K visa cases take the same time at USCIS but breeze through NVC in a week. A fast CR1 case will take at least a month getting through NVC but six weeks is a better expectation using the shortcuts or even electronic processing through Guangzhou or Montreal. That accounts for most of the time difference. The rest comes from some consulates taking more time to schedule CR1 interviews than the K's.	pushbrk	Male	China	2010-02-21 21:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	Still would go the K1 route. Why? Not an argument, just a question. It isn't much help to say what you would do without explaining why.	pushbrk	Male	China	2010-02-22 09:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Complicated Immigration Help Needed!	They have a long distance relationship ahead of them. Planning to get married at the end of it just seems a better bet. Keep things simple. It's a personal decision, of course and based on personal priorities. To take the K1 route they must resign themselves to the fact that they may never marry or at least their marriage will either come at the end of a long process or require them to abandon one process and start another, or both.	pushbrk	Male	China	2010-02-22 10:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (4bd @ Nov 19 2009, 09:03 AM) <{POST_SNAPBACK}> Well I met a girl. And I fell in love. And I want to marry her. But she told me her story and now I'm not sure if we can make this happen. She came here approximately 3 years ago, originally on a K1 visa planning to marry "Bob." Bob became abusive and police were called to the house on 2 different occasions. Long story short, she left him and moved to the other side of the country. Fast forward 2 years, I met her and we began a wonderful and loving relationship. 1 year and many Kleenex's later, we are planning on getting married but because she didn't marry Bob within 90 days of her K1 (and her overstaying her visa for over 3 years) is it possible to marry her? I guess my question is, if I marry her (I am a natural born US citizen), what ramifications will it have for her and for me? Will she be able to begin her process for becoming a US citizen (naturalized) after we are married? My greatest fears are 1) our marriage will not be legal/valid in court and 2) she will be deported back to her country (China). My understanding is that once a Chinese citizen is deported back for illegal status in another country (i.e., USA), she will never be granted a Visa from China again (or from the USA for that matter). I did a number of forum searches regarding this but couldn't find anything specific, hence the new topic. a thousand blessings.... You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.	pushbrk	Male	China	2009-11-19 12:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (LaL @ Nov 19 2009, 09:24 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}> You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years. You didn't mention the waiver option. why not? Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject. QUOTE (4bd @ Nov 19 2009, 09:21 AM) <{POST_SNAPBACK}> QUOTE (payxibka @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}> no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process. payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver? QUOTE (pushbrk @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}> You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years. pushbrk, I have no problem moving to another country to be with her while we wait for the 10 year ban. I've thought about living either in Canada or in Europe...what do you think her chances are of her country (China) issuing her a visa for another country in light of her K1 overstay? China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.	pushbrk	Male	China	2009-11-19 12:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (4bd @ Nov 19 2009, 11:14 AM) <{POST_SNAPBACK}> QUOTE (rika60607 @ Nov 19 2009, 12:58 PM) <{POST_SNAPBACK}> Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay. I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work? Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US? Again, China does not issue visas to Chinese citizens. The country to be entered, issues the visa to the person wishing to enter. How it works is that the Chinese citizen applies for a visa at a given country's Consulate in the country where they are currently present. There is no requirment for her to go back to China. The requirement is to leave the USA. However, the only country that will admit her without a visa would be China. For a Chinese citizen to obtain a visa to Canada or most Western countries is about as difficult as obtaining one to enter the USA, meaning extremely difficult unless they have a US green card. I'm afraid your viable choices are probably illegally living in the USA or living together in China for ten years. As your wife, she may be able to live in another Southeast Asian Country. Singapore, the Philippines or Malaysia may be viable options.	pushbrk	Male	China	2009-11-19 14:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (thongd4me @ Nov 19 2009, 11:28 AM) <{POST_SNAPBACK}> QUOTE (4bd @ Nov 19 2009, 01:48 PM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:30 AM) <{POST_SNAPBACK}> China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China. If we were to just continue living here in the USA post-marriage, say about 15-20 years, would there be a way to begin a process for her legalization (assumption based on getting passed the 10 year ban)? QUOTE (thongd4me @ Nov 19 2009, 11:56 AM) <{POST_SNAPBACK}> QUOTE (payxibka @ Nov 19 2009, 12:12 PM) <{POST_SNAPBACK}> no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process. Start learning Chinese. I doubt if there is any lawyer who can help with this problem. Political asylum is a no-go as well as medical emergency. The only valid emergency in the eyes of the USCIS is one that works to THEIR advantage, not yours. I doubt if there is any way on earth to get around the 10-yr entry ban but she could find a cure for cancer in the next few months...in which case you can both live in Switzerland on the medical patent. If I were under 30 yrs old and didn't have pressing family/work obligations, I'd go to China in a heartbeat in your situation. Naturally salaries will be lower, but you'll have a good family life, Chinese food like no tomorrow and living in an expandingly rich economy instead of one on the downturn. I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here? In which case you have a lot more to consider. This means that she will have to have the kid(s) here and you have to pay any medical expenses (which will be considerable) out of pocket for her. Naturally the kids won't be a problem as citizens, but all of you will have to live with the threat of deportation hanging over mom for an unspecified time. If the kids are born in China, medical costs will be much lower and the medical care she gets will be very good. (Ditto for Thailand) The kids won't have the stigma of having illegal status but you can certify by DNA testing that they are yours and they will then be eligible for US passports so they won't have to be part of the patching up of your wife's visa status. So the question if you are as serious as you say you are, is not IF to go to China or a 3rd country but WHEN. Waiting it out for an undetermined time is more of a time bomb. The 10-year clock, I believe (I could be wrong) starts ticking when she lands on Chinese soil. The clock starts clicking when she leaves the US. The US doesn't care where she goes, only that she leaves.	pushbrk	Male	China	2009-11-19 14:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (payxibka @ Nov 19 2009, 11:44 AM) <{POST_SNAPBACK}> QUOTE (JERIII @ Nov 19 2009, 01:42 PM) <{POST_SNAPBACK}> There's another question here - China does not, of course, issue Visas to visit other countries. However, China may require its citizens to get permission before they leave China. I know that China did so not that many years ago. I do not know if they still do. While this is not technically a visa, it is a travel restriction. Anybody know? One would assume that pushbrk (amongst several) would know (since his spouse if from China)... First, please note the Chinese citizen in question is not currently in China. She left three years ago, so this question is moot, but.... Any country can pull their citizen's passport at any time but no, China doesn't require it's citizens to obtain permission to leave China and they haven't for quite some time. My wife's family is intimately acquainted with the government's policies as her father receives visits from the local authorities at each major holiday in order to pay him respects in gold for the service he provided his country before retiring.	pushbrk	Male	China	2009-11-19 14:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (LaL @ Nov 19 2009, 11:47 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:30 AM) <{POST_SNAPBACK}> QUOTE (LaL @ Nov 19 2009, 09:24 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}> You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years. You didn't mention the waiver option. why not? Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject. Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option. The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why.	pushbrk	Male	China	2009-11-19 14:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (LaL @ Nov 19 2009, 11:59 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 01:54 PM) <{POST_SNAPBACK}> QUOTE (LaL @ Nov 19 2009, 11:47 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:30 AM) <{POST_SNAPBACK}> QUOTE (LaL @ Nov 19 2009, 09:24 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}> You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years. You didn't mention the waiver option. why not? Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject. Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option. The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why. when you made the assertion that it wasn't a viable option the OP hadn't mentioned anything other than the way they met and what the past history is. What's your point? They aren't married yet. No hardship was mentioned. There's no reason to think there is one. The hardship waiver has been mentioned and opinions offered. How about we move on?	pushbrk	Male	China	2009-11-19 15:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (Stasia @ Nov 19 2009, 01:33 PM) <{POST_SNAPBACK}> I'm no expert in the matter but how would the US know that she has been living here this whole time. What if she says that she's been traveling Mexico and Central America this whole time. If she leaves on a plane then it will show up in her passport, but if you guys just drive south to Mexico and get on an airplane to China from there, how would they be able to prove that she has been living here illegally? She can say she left the US when things didn't work out with her ex. She would need a departure record. It's called an I-94, stapled to her passport. The US actually does keep track of entrances and exits. Also, it's not a court of law for a US citizen. The burden of proof is on her to show evidence she married and adjusted status or left within 90 days.	pushbrk	Male	China	2009-11-19 16:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (sachinky @ Nov 19 2009, 03:38 PM) <{POST_SNAPBACK}> Since she did NOT marry Bob as she was required under law to do so, she had no basis to adjust her status from a K1. Which means she has been living there illegally for the last 3 years, once her I-94 date expired. I'm not going to give you advice about how to circumvent immigration law because your fiancee has already been doing that (and it is a violation of the VJ TOS to do so) and forgive me, but currently I'm touchy about the topic of illegal immigrants considering my husband and I and just about everybody else on this site are doing things legally. So your options are: Get married. She moves back to China. You file CR1. It will be denied and she will be given a 10 year ban. Then you can file a waiver. If it's accepted, well and good. If not, you can move to China or another third country. Which isn't as easy as it sounds. I doubt you will be able to marry in the U.S. and then adjust her status based on an I-130 and I-1485 petition. She will most likely be deported. Also, this is my personal opinion -- but I'd be wary of someone claiming abuse on a K-1. Attempting to adjust status would be a sure denial. No doubt about it. Then comes the deportation order. Best to avoid any sure thing failures. The abuse issue is a non-starter because she never married Bob. Their viable options are to leave voluntarily for ten years or live with the time bomb of potential deportation. Leaving to live anywhere but China is not as simple as clicking your heels together but to go to China is pretty easy.	pushbrk	Male	China	2009-11-19 18:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (rebeccajo @ Nov 19 2009, 06:51 PM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 03:03 PM) <{POST_SNAPBACK}> QUOTE (LaL @ Nov 19 2009, 11:59 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 01:54 PM) <{POST_SNAPBACK}> QUOTE (LaL @ Nov 19 2009, 11:47 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:30 AM) <{POST_SNAPBACK}> QUOTE (LaL @ Nov 19 2009, 09:24 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}> You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years. You didn't mention the waiver option. why not? Because I don't consider it viable in this situation. I agree with Pay's earlier comment on the subject. Pay's comment states that many succeed, and some fail. I guess I don't understand how this isn't a viable option. The I-601 waiver requires the US Citizen demonstrate a severe hardship to themselves. There obviously isn't one. That's why. when you made the assertion that it wasn't a viable option the OP hadn't mentioned anything other than the way they met and what the past history is. What's your point? They aren't married yet. No hardship was mentioned. There's no reason to think there is one. The hardship waiver has been mentioned and opinions offered. How about we move on? Laura's point is a valid one. Very valid. What does the couple being married have to do with hardship? Say she goes back to China (which she clearly must do to eventually normalize her life in the US) and he files a K1 for her. Are you under the assumption that a hardship waiver for a fiancee is treated differently than one for a spouse? They aren't - just in case you are confused. You have no right to suggest the conversation 'move on' from where you are trying to steer it. I realize you are trying to drum up business for your 'visa consultant' enterprise, but how about telling the OP all of his options? I am messaging the member emt103c for his opinion regarding a wavier filing for this couple. You're reading all sorts of things into this that just aren't there at all. I said there isn't a hardship to the US Citizen. Nothnt was mentioned at all about fiance vs spouse situations. My business interests are in no way served by advising people to leave the USA for ten years. QUOTE (sachinky @ Nov 19 2009, 06:48 PM) <{POST_SNAPBACK}> K-1 has one specific condition attached. Simply put -- marry within the stipuated 90 days or leave the U.S. From what I understand, one can only adjust their status based on their K1 visa if they married the original petitioner. Which doesn't apply in this case. And the question of overstays being 'forgiven' doesn't come into play here. This was addressed in the first post with "because she didn't marry Bob......" K1 is a hard exception to the practice of forgiving overstays. It's a special visa category with special rules.	pushbrk	Male	China	2009-11-19 22:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (emt103c @ Nov 19 2009, 07:44 PM) <{POST_SNAPBACK}> The I-601 waiver is a perfectly valid option for this couple. Like rebeccajo says, they could file as fiancees or as spouses and the waiver is treated the same. I would say that there are probably MANY problems for the OP that could count as Extreme Hardship. The OP needs to consult a good immigration lawyer and check out www.immigrate2us.net for more information on the waivers. If memory serves me correctly, China isn't even one of the longer 601 processing times. I don't understand why anyone would rule this option out at all. . . OP, someone else here recommended Laurel Scott for a consultation, she is VERY reliable, you could also consider Heather Poole. Your fiance is facing a ban, but it can be overcome. As for the effect on you that you asked about, the only effect on you is having to live separated for a limited amount of time as well as the stress of the immigration process. You mentioned naturalization. . .please read up on the process here and on www.uscis.gov. The process is much longer than that. As fiancees or spouses (in your case I do recommend you do spousal because she already overstayed one k1 and that may appear suspicious to the CO. . .) you file a petition with USCIS, it goes to the NVC and is processed further and then she is given an interview at the consulate in China. It is at this point she would have to voluntarily leave and at or after the interview she will be denied and required to file the I-601 waiver. You will have to prove that her absence would cause you Extreme Hardship living without her in the United States and that it would be an Extreme Hardship for you to live in China. Many, many people have successfully obtained waivers in much more egregious overstays and even criminal convictions. . . Varied opinions are always welcome. If the OP wants to try a hardship waiver, he's welcome to do so. I would not recommend it in this situation, as I would expect it to fail. While there COULD be hardships, they need to be severe. Somebody willing to live abroad with their spouse for several years is pretty much the prime example of somebody who would NOT QUALIFY for a hardship waiver. Opinions vary.	pushbrk	Male	China	2009-11-19 22:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (rebeccajo @ Nov 19 2009, 08:10 PM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Nov 19 2009, 10:08 PM) <{POST_SNAPBACK}> This was addressed in the first post with "because she didn't marry Bob......" K1 is a hard exception to the practice of forgiving overstays. It's a special visa category with special rules. K1's get forgiven for overstays at adjustment of status every day of the week. Everytime a K1 entrant fails to file their adjustment before the I94 expires, they begin to accrue overstay time. But they adjust just fine via their marriage to a USC and the provisions of 8 (CFR) 245. The "special rule" is a K1 can't adjust their status by any means other than marriage to their petitioner. Bob is the original petitioner. When the K1 doesn't marry the petitioner, their overstay is not forgiven through marriage to a US Citizen. See the mention of "rules" plural. Sometimes it's important to read both sentences in a paragraph to get the context an meaning. There's still been no mention of any actual hardship. Only the willingness of the petitioner to live abroad. IMO, that indicates there IS no hardship. I'll grant that's only a present tense statement and that circumstances change. Edited by pushbrk, 20 November 2009 - 12:06 AM.	pushbrk	Male	China	2009-11-20 00:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	She came K1 with another man...but it wasn't happily ever after....until ME!	QUOTE (Boiler @ Nov 19 2009, 09:16 PM) <{POST_SNAPBACK}> QUOTE There's still been no mention of any actual hardship. Only the willingness of the petitioner to live abroad. IMO, that indicates there IS no hardship. I'll grant that's only a present tense statement and that circumstances change. That is NOT how waivers work. Now there's a statement full of helpful information. Would you care to elaborate?	pushbrk	Male	China	2009-11-20 00:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Hardship Waiver	QUOTE (canadian_wife @ Oct 31 2009, 01:29 PM) <{POST_SNAPBACK}> You'll need to complete the I-601 and put together a packet showing how the USC will endure extreme hardship if the beneficiary is not reunited in the US with the petitioner. You must also show why the USC can't move to the beneficiary's country http://www.visajourn...p?showtopic=316 You posted in another thread today that the interview isn't until next Friday - was it yesterday? What is listed as the exact reason for the denial? The link above is what the OP needs but the question is hypothetical. The interview IS next week.	pushbrk	Male	China	2009-10-31 16:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Info about proof of hardship	QUOTE (ashbibinyc @ Jul 14 2009, 07:48 AM) <{POST_SNAPBACK}> Do we have to prove hardship?? he is under the impression we do! i mean we're applying for K-1 - we just want to get married and live together. this does get very confusing! No, you don't have to prove hardship to obtain a K1 visa. Have him start by reading the guides. Then he can come back with remaining questions. At this stage, the US Citizen has the work to do and needs to manage the process.	pushbrk	Male	China	2009-07-14 10:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Info about proof of hardship	QUOTE (JimVaPhuong @ Jul 14 2009, 08:10 AM) <{POST_SNAPBACK}> QUOTE (ashbibinyc @ Jul 14 2009, 07:48 AM) <{POST_SNAPBACK}> Do we have to prove hardship?? he is under the impression we do! i mean we're applying for K-1 - we just want to get married and live together. this does get very confusing! Wait! He thinks you need to prove hardship just to petition for a K-1 visa? What ever gave him that idea? No, you don't need to prove any sort of hardship. Have him visit this site and read the guides for the K-1 (link in the menu bar at the top of the page). If he's a US citizen, and your case doesn't have any unusual circumstances (like certain criminal convictions, bans from the US, or previous K-1 applications) then it should be pretty straightforward. Right, hardship comes into play when the foreign fiance is found ineligible, usually to immigration offenses or perhaps more commonly a criminal record. Even then, the hardship waiver is filed after the visa is denied.	pushbrk	Male	China	2009-07-14 10:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	K1 Denied at interview	QUOTE (daboy69 @ Feb 26 2009, 04:26 PM) <{POST_SNAPBACK}> her grandma introduced us, but we are truly in love. I made 2 trips in 08 last one in november for our engagement party. We even bought a vehicle together and put it under both our names. she had at least 100 pages worth of correspondence between us, all our cards sent to each other, all my plane tickets, hotel recpts and she brought an album of all our pictures, what else could they possibly want. The only other think I can think of is the fact that her grandma introduced her to me... they might think its a set up since the Phils is such a high fraud country. If there is absolutely nothing that will change their mind, would you agree that I should just go back home and marry then file a cr1? just in case, what would plan B be? Hire an immigration attorney in Manila immediately, so that they can arrange for you to attempt to overcome this decision before the case is returned. The petition approval expiration is the least of your worries. Particularly in Asia, being introduced by a family member can be a huge red flag. If you are Filipino as well, even more so. The first item on the agenda would be to get as detailed a report on what happened at the interview as possible. It needs to be as close to an actual transcript as your fiancee can possibly manage to remember.	pushbrk	Male	China	2009-02-26 19:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	K1 Denied at interview	QUOTE (Sylvia_n_Joseph @ Feb 26 2009, 06:05 PM) <{POST_SNAPBACK}> From what I understand CSC tend to just ignore returned K1's. VSC will review more frequently review the petition after a hideous time. If they review and agree with the consulate you have to refute it. If they agree that you have a valid relationship the will reinstate their approval and resend it. If you cancel your petition it tends to be entered into the database like the conulate was right and your SO has a misrepresentation flag to fight also. This is why it's so important to hire a local Manila attorney to keep the case in Manila. Otherwise you are looking at a very long time before know anything more than you know now. Get that detailed interview report as soon as possible and get the attorney hired, even if you have to go there to do it.	pushbrk	Male	China	2009-02-26 21:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	K1 Denied at interview	QUOTE (maya62 @ Feb 27 2009, 05:53 AM) <{POST_SNAPBACK}> All of the above are good ideas, but I think Haole is right... the most important thing is to get in touch IMMEDIATELY (like today) with your 2 US Senators and your US Rep and find out who their respective immigration liaisons are and tell them your story and that you are trying to keep your case at the Consulate. Request help in writing or in person and make sure you communicate the urgency of the situation. Be respectful but persistent. The Consulate is required by law to respond fairly quickly to congressional inquiry (forget the exact time frame, but it is in days, not weeks or months). I think contacting the Consulate ASAP (like today if possible) and requesting a specific reason why the visa was denied is also a good idea. Fax them, email them, phone them, whatever you can do to show that you are involved, upset (respectfully), and ready to act... I've read about a bunch of these situations over the past 4 years and it seems like the ones that do the best are ones where the USC raises a ruckus with the Consulate and/or their US Senator(s) or Rep. I agree it is a good idea to get as much specific recollection about the interview from your fiancee as possible, as soon as possible. It does sound like something went wrong with the way she answered her questions... or I guess it could be the grandmother thing. Maybe someone in the appropriate country forum can suggest a good lawyer in the PI. Good luck turning this around. For now, this is your full-time job and obsession. I think you have a chance to avoid a protracted visa journey if you act swiftly. Maya Consular officers tend to come to such conclusions based on a combination of factors, so it's usually useless to try to pin down just one as THE reason. Getting as close to an interview "transcript" as possible is going to be critical, no matter what else is done. Anybody who helps will need to understand the case and the interview as completely as possible to be of meaningful assistance. One of the key reasons for getting an attorney involved at this stage is so direct and swift action can be taken based on an in-depth confidential interview with the beneficiary by somebody trained to get at the necessary details.	pushbrk	Male	China	2009-02-27 10:16:00
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	QUOTE (MadzCarl2008 @ Feb 11 2009, 08:25 AM) <{POST_SNAPBACK}> First of all i just wanna say hi and hello to everyone again... My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet.. and my fiancee and i have plan to get married after i received my decision's... I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3... i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also.. as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question.. i am scared for new denying for k3.. Please do help us!!! thnx.. You got a paper from the Consular Officer at the time you were denied. What does it say exactly?	pushbrk	Male	China	2009-02-11 12:08:00
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	QUOTE (MadzCarl2008 @ Feb 11 2009, 10:05 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 01:08 PM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 08:25 AM) <{POST_SNAPBACK}> First of all i just wanna say hi and hello to everyone again... My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet.. and my fiancee and i have plan to get married after i received my decision's... I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3... i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also.. as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question.. i am scared for new denying for k3.. Please do help us!!! thnx.. You got a paper from the Consular Officer at the time you were denied. What does it say exactly? its says im not qualified under labor certification requirements... Please be more complete. I have concluded the following from what you disclosed in your earlier messages. 1. Your own G325a indicated you had no previous marriage. 2. The I-129F your husband filed indicated you had no previous marriage. 3. The visa applications you took to the Embassy with you indicated you had no previous marriage 4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa. Please confirm the above or explain what the truth of 1-4 above. Here is some information about section 212 Section 212 Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility. Edited by pushbrk, 11 February 2009 - 01:14 PM.	pushbrk	Male	China	2009-02-11 13:10:00
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	QUOTE (pushbrk @ Feb 11 2009, 10:10 AM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 10:05 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 01:08 PM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 08:25 AM) <{POST_SNAPBACK}> First of all i just wanna say hi and hello to everyone again... My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet.. and my fiancee and i have plan to get married after i received my decision's... I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3... i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also.. as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question.. i am scared for new denying for k3.. Please do help us!!! thnx.. You got a paper from the Consular Officer at the time you were denied. What does it say exactly? its says im not qualified under labor certification requirements... Please be more complete. I have concluded the following from what you disclosed in your earlier messages. 1. Your own G325a indicated you had no previous marriage. 2. The I-129F your husband filed indicated you had no previous marriage. 3. The visa applications you took to the Embassy with you indicated you had no previous marriage 4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa. Please confirm the above or explain what the truth of 1-4 above. Here is some information about section 212 Section 212 Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility. Further.... If denied under section 212, it is possible to marry, go through a spouse visa process and then after the certain denial, your husband could apply for a waiver of your ineligibility. In order for that to be successful he would have to show convincingly that the denial woud cause extreme hardship to him personally. This extreme hardship standard is extremely difficult to meet and requires far more justification than simply being separated from a spouse. Where I've seen it granted is when their are US Citizen Children in the home and the visa applicant is the primary provider for the family. That's not the only grounds but they need to be something tangible and "severe" in nature. Frankly, I think you would be wasting your time. Edited by pushbrk, 11 February 2009 - 01:23 PM.	pushbrk	Male	China	2009-02-11 13:22:00
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	QUOTE (pushbrk @ Feb 11 2009, 10:22 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 10:10 AM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 10:05 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 01:08 PM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 08:25 AM) <{POST_SNAPBACK}> First of all i just wanna say hi and hello to everyone again... My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet.. and my fiancee and i have plan to get married after i received my decision's... I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3... i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also.. as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question.. i am scared for new denying for k3.. Please do help us!!! thnx.. You got a paper from the Consular Officer at the time you were denied. What does it say exactly? its says im not qualified under labor certification requirements... Please be more complete. I have concluded the following from what you disclosed in your earlier messages. 1. Your own G325a indicated you had no previous marriage. 2. The I-129F your husband filed indicated you had no previous marriage. 3. The visa applications you took to the Embassy with you indicated you had no previous marriage 4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa. Please confirm the above or explain what the truth of 1-4 above. Here is some information about section 212 Section 212 Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility. Further.... If denied under section 212, it is possible to marry, go through a spouse visa process and then after the certain denial, your husband could apply for a waiver of your ineligibility. In order for that to be successful he would have to show convincingly that the denial woud cause extreme hardship to him personally. This extreme hardship standard is extremely difficult to meet and requires far more justification than simply being separated from a spouse. Where I've seen it granted is when their are US Citizen Children in the home and the visa applicant is the primary provider for the family. That's not the only grounds but they need to be something tangible and "severe" in nature. Frankly, I think you would be wasting your time. However, since a waiver attempt is almost assured, I would suggest an organizer move this discussion or a copy of it to the waivers forum for input from people who deal with them more often.	pushbrk	Male	China	2009-02-11 13:24:00
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	QUOTE (pushbrk @ Feb 11 2009, 10:24 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 10:22 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 10:10 AM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 10:05 AM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Feb 11 2009, 01:08 PM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 11 2009, 08:25 AM) <{POST_SNAPBACK}> First of all i just wanna say hi and hello to everyone again... My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet.. and my fiancee and i have plan to get married after i received my decision's... I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3... i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also.. as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question.. i am scared for new denying for k3.. Please do help us!!! thnx.. You got a paper from the Consular Officer at the time you were denied. What does it say exactly? its says im not qualified under labor certification requirements... Please be more complete. I have concluded the following from what you disclosed in your earlier messages. 1. Your own G325a indicated you had no previous marriage. 2. The I-129F your husband filed indicated you had no previous marriage. 3. The visa applications you took to the Embassy with you indicated you had no previous marriage 4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa. Please confirm the above or explain what the truth of 1-4 above. Here is some information about section 212 Section 212 Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility. Further.... If denied under section 212, it is possible to marry, go through a spouse visa process and then after the certain denial, your husband could apply for a waiver of your ineligibility. In order for that to be successful he would have to show convincingly that the denial woud cause extreme hardship to him personally. This extreme hardship standard is extremely difficult to meet and requires far more justification than simply being separated from a spouse. Where I've seen it granted is when their are US Citizen Children in the home and the visa applicant is the primary provider for the family. That's not the only grounds but they need to be something tangible and "severe" in nature. Frankly, I think you would be wasting your time. However, since a waiver attempt is almost assured, I would suggest an organizer move this discussion or a copy of it to the waivers forum for input from people who deal with them more often. I'm seeing some references to the ability of filing the waiver based on the a K visa petitioner as the qualifying relative, so it may be possible to submit a waiver request without marrying first. There are actually instructions in the I-601 instructions document for K1 and K2 in how to answer the questions related to a qualified relative. Of course, there's still the "extreme hardship" standard to meet. That kills it for many. Edited by pushbrk, 11 February 2009 - 02:47 PM.	pushbrk	Male	China	2009-02-11 14:46:00
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	QUOTE (uscandual @ Feb 11 2009, 05:02 PM) <{POST_SNAPBACK}> QUOTE (MadzCarl2008 @ Feb 12 2009, 12:25 AM) <{POST_SNAPBACK}> First of all i just wanna say hi and hello to everyone again... My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet.. and my fiancee and i have plan to get married after i received my decision's... I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3... i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also.. as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question.. i am scared for new denying for k3.. Please do help us!!! thnx.. Hi madz, I'm glad you decided to come back here and discuss your problem with us again. I hope you can get some helpful advice on VJ, it seems your problem is indeed a very complicated one. I can understand that the last time you tried the responses got very noisy and maybe you got afraid to try again. Thank you for not giving up, and trying again! People here can probably help you much better if you provide a little bit more information about your case to us. Thank you for telling us what was on the slip of paper they gave you at your interview, that was helpful. Here are some other things that can help as well. As pushbrk has mentioned, if you can tell us what information you (and your fiance) wrote on the petition forms you sent when you began your visa process, especially the questions that deal with your marital status, that is VERY important. Essentially - the real question we are trying to determine is -- when you first filed the petition for K-1, did you realize at the time that you were still married, and your annulment was not yet done? Or did you have some good reason to believe that you were not married at that time? I see that you have also removed your timeline information from your profile. Before, you had on your profile that you initially filed for K-1 last year, Feb 2008, and had the interview just now. Is that true? Maybe if you can explain a bit more about when you filed, and what you filed for, that could help a lot. In one of your messages today you wrote that on the 212 it said "you are not qualified under labor certification requirements.... " Is it possible you never applied for a K-1 (fiance) visa at all? Maybe you applied for a work permit visa such as an H visa? And that is what was rejected? If so that would ENTIRELY change what this discussion is all about. As you can see, it's hard for us to help when we still have so many questions about your situation. The more you can tell us, the more helpful people can be. Good luck and best wishes The indication of INI 212 is incomplete and the way it tends to show up is kind of confusing but there should be some other designators somewhere that look like this. INA sectioin 212(a)(6)©i which would be the appropriate ineligibility for this set of circumstances. That's why I asked for further details. This is definitely a K1 case.	pushbrk	Male	China	2009-02-12 00:02:00