ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused about the status of our Appeal
QUOTE (MayaLar @ Jul 7 2009, 09:34 AM) <{POST_SNAPBACK}>
Hello Everyone!


Our I-129F petition application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome...... helpsmilie.gif

Any input will be greatly appreciated.... rose.gif


K-1 is a visa. Nobody has yet applied for a visa....

Appeals are rare... good information on timing does not really exist as it is really on a case by case basis

Edited by payxibka, 07 July 2009 - 09:43 AM.

payxibkaMaleUkraine2009-07-07 09:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Info about proof of hardship
QUOTE (ashbibinyc @ Jul 13 2009, 07:57 AM) <{POST_SNAPBACK}>
Hey Guys

My fiance (US citizen) is concerned about exactly he proves hardship?
he does have a very important job which brings him to the UK every couple of weeks (which is good for me) and he does have a very elderly mother back in the States.
would that be enough? ........ from what i can gather i don't think they care too much about emotional hardship....

What kind of stuff has everyone else shown?

thanks so much in advance

Ash


Nope, they do not care... FWIW:

USCIS Expedite Criteria:

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

http://www.uscis.gov...0000ecd190aRCRD
payxibkaMaleUkraine2009-07-13 10:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Info about proof of hardship
QUOTE (ashbibinyc @ Jul 14 2009, 09:48 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! blush.gif


I do not see "hardship" on the list of expedite criteria
payxibkaMaleUkraine2009-07-14 09:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Info about proof of hardship
QUOTE (ashbibinyc @ Jul 15 2009, 03:53 AM) <{POST_SNAPBACK}>
AAAHH WELL............. i am on a 10 year ban! so we already know that we will have to File an I-601..........
does that mean we have to prove hardship still????


For the I-129F petition? No

for the 601 waiver? Yes...
payxibkaMaleUkraine2009-07-15 06:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)CO require more proof of relationship
QUOTE (tony*** @ Jul 4 2009, 02:21 PM) <{POST_SNAPBACK}>
My fiancee had her interview on June 12 th this year and she was put on 221 g or AP , finally she got a phone call from CO a couple days ago, they need more
proof of relationship . Also now we are preparing them, we just wondering that do we have a chance to get a visa.


if you provide sufficient documentation to prove eligibility, then you will get a visa... if you do not then you wont....
payxibkaMaleUkraine2009-07-04 14:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)we got a 221g for co-sponser

i posted something on another forum...i'll try here too..
had out interview in Jamaica...got a 221g for co=sponser...anyone ever have to fill out a 1-864 for the 221g???i thought maybe they would ask for a i-134 but she circled the other...
should my parents fill out there assets?? they are just retired will that be a problem??
thanks



If they have the income to cover the current household plus 2 then I would think the assets would be just extra unneeded info
payxibkaMaleUkraine2006-11-01 20:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)US Embassy in Warsaw, Poland
QUOTE (patita @ Apr 24 2009, 12:48 PM) <{POST_SNAPBACK}>
Guys,

I am going to have interview there. However I overstayed my visa for 192 days - so I will get the 3 year ban for it.

Im just wondering if they are friendly there, and if someone was in the same situation as me but went thru the process smoothly.

Im just looking for some hope! i can not imagine being away from my family for such a long time sad.gif

I dont know what to do


thank you

p.


read up on the waiver process
payxibkaMaleUkraine2009-04-27 09:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)denied i-601 but can appeal with i-290b
According to the form instructions:

Who may NOT file the form I-290B

If you are the beneficiary of a visa petition or the beneficiary's attorney or representative

so it must be the petitioner
payxibkaMaleUkraine2009-04-18 06:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)visa for fiance w/ marijuana conviction
chances of refusal are more than likely... chances of refusal are guaranteed

waiver will be required... while not simple... is doable...

There are a few very qualified members who are very informed about waivers... be patient and they will probably happen by
payxibkaMaleUkraine2009-04-01 18:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)visa for fiance w/ marijuana conviction
QUOTE (Paigette @ Apr 2 2009, 03:26 PM) <{POST_SNAPBACK}>
My main remaining question is how to find a good / reasonably priced immigration lawyer??? There are so many out there, so many websites, etc., that I don't even know where to start - and most seem to want a consultation fee before they'll even talk to me.


I think we call that an oxymoron
payxibkaMaleUkraine2009-04-02 15:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Rebut a consulant's findings at USCIS!
QUOTE (CamCoNuong @ Mar 27 2009, 01:21 PM) <{POST_SNAPBACK}>
Here is my denial white slip crying.gif
http://www.visajourn...t=#entry2776620

"[EXCERPT]...When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consulant findings concerning this case....."

So there is light at the end of the tunnel - I do have a chance!!! However I wonder how I submit more evidence or clarification to USCIS. Are they going to send you a form or something? Does anyone ever success to rebut a consular's findings after the case is returned to USCIS? If so, how will the process be processed again? (ie, Will USCIS resend the package to NVC, then Consulate, then re-interview?)
Your inputs are greatly appreciated.
Many thanks.
Cam


Do not "bank" on this as you final hope... others have experienced something quite different...
payxibkaMaleUkraine2009-03-27 13:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denials
Marc Ellis is actually a member here (ellis island) and his writings are well known. What you posted was written about 3 years ago.

Edited by payxibka, 28 March 2009 - 10:53 AM.

payxibkaMaleUkraine2009-03-28 10:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
QUOTE (punchie @ Mar 25 2009, 12:33 PM) <{POST_SNAPBACK}>
HEY ALL I'M NEW TO THIS SITe and looking for a bit of help

i live in the caribbean got married in july, now my wife has filed for me to join her in the us All forms have been approved thus far.however i had overstayed my time with a visitors visa was not deported or what so ever i left(i overstayed due to hurricanes which hit my country wasnt really a plan)anyways i overstayed now i would just like to know if my overstayin will cause any problem when i go for my interveiw.

so could anyone help me out please im young my wife is too .our families are basically saying it wouldnt and tellin us hold the faith yada yada ,if thats a problem my wife plans to drop out of college to live in the caribbean.Now no way on earth i wanna rob her of that so please anyone help!! crying.gif


how long was the overstay? more than 180 days?
payxibkaMaleUkraine2009-03-25 12:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
QUOTE (punchie @ Mar 25 2009, 12:37 PM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Mar 25 2009, 12:35 PM) <{POST_SNAPBACK}>
QUOTE (punchie @ Mar 25 2009, 12:33 PM) <{POST_SNAPBACK}>
HEY ALL I'M NEW TO THIS SITe and looking for a bit of help

i live in the caribbean got married in july, now my wife has filed for me to join her in the us All forms have been approved thus far.however i had overstayed my time with a visitors visa was not deported or what so ever i left(i overstayed due to hurricanes which hit my country wasnt really a plan)anyways i overstayed now i would just like to know if my overstayin will cause any problem when i go for my interveiw.

so could anyone help me out please im young my wife is too .our families are basically saying it wouldnt and tellin us hold the faith yada yada ,if thats a problem my wife plans to drop out of college to live in the caribbean.Now no way on earth i wanna rob her of that so please anyone help!! crying.gif


how long was the overstay? more than 180 days?


year 1 and and about 6months i think its dat more da a year


180 day overstay = 3 year re-entry ban

365+ day overstay = 10 year re-entry ban

time to read up on waivers

payxibkaMaleUkraine2009-03-25 12:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
QUOTE (YuAndDan @ Mar 25 2009, 12:55 PM) <{POST_SNAPBACK}>
Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g)" Forum

An overstay with deportation WILL require a waiver filed at the request of the visa issuing officer.


Op acknowledged an overstay but NOT a deportation
payxibkaMaleUkraine2009-03-25 13:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
QUOTE (punchie @ Mar 25 2009, 01:37 PM) <{POST_SNAPBACK}>
365+ day overstay = 10 year re-entry ban


sigh and how long does dat take to process...is that even a sure thing i'll be banned?


Since they have a record of your arrival and departure, it is a sure thing.... If they only have a record of your arrival, they will want you to demonstrate your timely departure. If you cannot, it is once a gain a sure thing. The waiver process varies greatly from consulate to consulate...

Edited by payxibka, 25 March 2009 - 02:05 PM.

payxibkaMaleUkraine2009-03-25 14:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
QUOTE (punchie @ Mar 25 2009, 02:14 PM) <{POST_SNAPBACK}>
IIGHT AND DATS THE ONLY WAY OUT? MY WIFE COUSIN WORKS WIT A USCIS FIRM/COMPANY IN NY AND SHE SAID DAT ONCE I WAS GIVEN A LETTER TO LEAVE I WOULD BE OK ...NOW IM TELLIN HER THE INFO I GOT FROM HERE AND SHE 'S TELLIN ME THATS NOT SO....I HEAR WAH SHE SAYS AND WHAT I'M GETTIN FROM HERE ITS 50/50 (STRESS)


letter to leave meaning a "voluntary departure"? If so, AFAIK that still does not forgive the overstay....

FWIW, the USCIS does not enforce the visa rules... the Department of State does....
payxibkaMaleUkraine2009-03-25 14:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
you NEED to LEARN the waiver process. It can be done, others have gone though it and been successful. Though I do not know if from your consulate or not.
payxibkaMaleUkraine2009-03-25 14:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OVERSTAYED.HOW BIG OF A PROBLEM COULD THIS BE
QUOTE (punchie @ Mar 25 2009, 02:39 PM) <{POST_SNAPBACK}>
ANOTHER QUESTION IF I EXPLAIN WHAT HAD HAPPEN I.E DE REASON FOR OVERSTAY CAUSE REALLY THAT WASNT SOMETHIN I COULD HAVE CONTROLLED....MY ISLAND WAS MASHED UP REAL BAD...AND DEM HIT WITH ANOTHER HARRICANE...BUT I GUESS I SHOULD HAVE JUST LEFT


A week or two or even a month... but 1.5 years?
payxibkaMaleUkraine2009-03-25 14:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 denied...now what?
QUOTE (akimont88 @ Feb 11 2009, 11:31 PM) <{POST_SNAPBACK}>
Hello all,

A few weeks ago, my fiancee had her interview in Montreal and was denied because at her medical interview, she admitted to using marijuana before. She is not allowed to immigrate now for three years and is required to go to rehab and receive monthly drug tests over those three years to show she is rehabilitated. As much as it doesn't matter now, I want to be perfectly clear upfront...She has never purchased it in her life and her use of it was infrequent at best. How there is no appeal process or gray area here is astounding. Even the immigration officer who denied her said so and admitted that the law, in this case, was "archaic". But I understand that the law is the law, no matter how much I disagree with it, and sometimes being honest about how we have lived our lives bites us back.

It doesn't seem that there's any way to get around this three year ban...so my next question is...

Is there any way she can get a 4-6 month visitor visa so that we can live together until I begin my immigration process to move up to Canada?

Or can she even visit me at all, even if just for a weekend?

I can't seem to find any concrete information on the web whether any of this is possible, and I'd hate to spend more money on flights/forms if it's just not going to happen. But we've been apart for 15 months, and I likely won't be able to immigrate to Canada for 7-8 months given that our lives have been completely rearranged by their decision, and I have much to figure out before I can just move up there.

Thank you all for your information and support, and for making visajourney such an invaluable tool.

Adam


Unfortunately, the finding of inadmissibility is just that, and it affects all visa types across the board and any non-visa tourist visit. She is in the system as being inadmissible.
payxibkaMaleUkraine2009-02-12 07:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Eventually, I will need a waiver, but when to file it?
consulate
payxibkaMaleUkraine2009-02-06 13:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Approval after being deported in 2006 ?
he will be refused a visa at interview... you will then submit a waiver request... if approved then he will be issued a visa... understand the waiver process in CR and good luck..

moving from K-1 to waivers

Edited by payxibka, 01 January 2009 - 06:50 PM.

payxibkaMaleUkraine2009-01-01 18:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Which waiver?
based on your description it would appear he entered without inspection (EWI)... It is strange that he would even be allowed to adjust status without a departure.....
payxibkaMaleUkraine2008-12-30 14:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)New to Forums and Processes
QUOTE (eqaddix @ Dec 19 2008, 03:34 PM) <{POST_SNAPBACK}>
So I stumbled across this site when searching the NET trying to gather information about the immigration process for my spouce. This site seems very imformative and looks to be very active and friendly.

The search feature is coming back with an error for me so please forgive me if I ask some questions that have already been answered.

How does everyone on this site feel about the immigration process for someone that entered the country illegally? I would like to know up front if I am going to receive any grievances on this site, if so I guess I will look elsewhere. If it is welcomed then I thank you.

So I just married my Mexican born wife in November 2008, we have been living with each other for over a year now and are very much in love. She entered the country illegally for work and we met each other online and instaltly fell in love. We are waiting for a marriage certificate in the mail still but want to get the process going for her citizenship (waiver, green card????). Like I said we are knew to the whole process so i do not know the correct procedure and terms.

I really don't want to have to use an immigration lawyer for all this, I heard that people are capable of doing the paperwork all on their own. So if anyone has any advice for our situation I would welcome it. I will also be reading as much as I can on this site to try and learn the process for myself, but it never hurts for someon to help, which is why this site is here.

Thanks for the place to say hi and I will see you all around.....


If she entered "illegally" meaning entered without inspection (EWI) she will have to return home. She will not be able to complete the process stateside...

If by illegal entry you mean something else, then please explain ......

FWIW, there is no citizenship without first a greencard.... no greencard until you resolve the illegal entry...

Edited by payxibka, 19 December 2008 - 04:42 PM.

payxibkaMaleUkraine2008-12-19 16:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)New to Forums and Processes
QUOTE (eqaddix @ Dec 19 2008, 03:54 PM) <{POST_SNAPBACK}>
Thank you for the welcome..

To payxibka,

Yes she entered EWI. And we know somewhere in the process we will have to be seperated and she will have to return to Mexico and complete the process. But at this time I do not know when in the process that is to occur and what my next step is.

To Karin und Otto,

It is hard to be away from the people you love and we are not trying to bypass the system and plan to pay our dues just like everyone else. I applaud your courage. She is here, we are in love now we want to do what is right. There is nothing we can do about the past and we are good people.


Well it begins with an I-130 petition which determines eligibility for the beneficiary to to apply for a spousal visa... When the petition is approved, then all visa application forms and fees are paid and an interview in Ciudad Juarez will be scheduled. Upon the interview, she will be refused the visa as a result of the illegal presence.... At that time a waiver application will be required.

There are several members here who are "versed" in the waiver process....

I will move this thread to the "waiver" forum....
payxibkaMaleUkraine2008-12-19 17:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Cr1-to-IR1
An applicant does not file for a CR-1 or an IR-1 visa... an applicant files for an immigrant visa only. The consulate will (or is suppose to) determine which "class," if you will, the intended immigrant falls into. Even if an applicant is issued a CR-1 visa that has a validity period of 6 mos. and happens to delay entry and during that delay, happens to celebrate the 2 yr anniversary of the marriage, the greencard will (or should) arrive with a 10 year expiration.

The determining point for the conditions on the greencard (if any) is the date of entry into the USA not the "class" the visa was issued.
payxibkaMaleUkraine2008-11-25 12:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)DUI -- I129f beneficiary
QUOTE (emt103c @ Jul 2 2008, 10:11 PM) <{POST_SNAPBACK}>
You cannot submit the waiver until the visa interview when the Consular Officer instructs you to do so. . .it is, IMO, a screwed up system that is designed to take extra time.


I will take it one step further... you cannot apply for a waiver until your visa was refused at or after your consulate interview. Read up on your consulates "waiver" procedure and have it ready in your back pocket if you need it.
payxibkaMaleUkraine2008-07-12 18:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not eligible for a waiver unless you're married?????
I would tend to say the USCIS, because if I am not mistaken, the waiver decision is done with them and not the state department. There are a couple of well versed VJ members on waivers... hopefully they will happen around

Edited by payxibka, 07 November 2008 - 12:54 PM.

payxibkaMaleUkraine2008-11-07 12:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not eligible for a waiver unless you're married?????
QUOTE (Str8upG @ Nov 7 2008, 12:36 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Nov 7 2008, 01:29 PM) <{POST_SNAPBACK}>
It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov...ation/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov...8e70cab6366e0da


Thank you for your reply. The thing is that section N9.3(a) of FAM talks about an INA 212(d)(3)(A) waiver, which is for temporary visit. After she gets married to me here and adjust status, she will need a INA 212(h) waiver I believe, in order to waive the misdemeanor inadmissibility. Correct me if I'm wrong.


If admission to the USA has occured, then why would someone need a inadmissability waiver? Waivers are needed for the issuance of a visa...
payxibkaMaleUkraine2008-11-07 13:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Not eligible for a waiver unless you're married?????
QUOTE (Str8upG @ Nov 7 2008, 12:49 PM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Nov 7 2008, 01:42 PM) <{POST_SNAPBACK}>
QUOTE (Str8upG @ Nov 7 2008, 12:36 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Nov 7 2008, 01:29 PM) <{POST_SNAPBACK}>
It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov...ation/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov...8e70cab6366e0da


Thank you for your reply. The thing is that section N9.3(a) of FAM talks about an INA 212(d)(3)(A) waiver, which is for temporary visit. After she gets married to me here and adjust status, she will need a INA 212(h) waiver I believe, in order to waive the misdemeanor inadmissibility. Correct me if I'm wrong.


If admission to the USA has occured, then why would someone need a inadmissability waiver? Waivers are needed for the issuance of a visa...


Because I believe when you adjust your status, you need a waiver, otherwise you won't get approved and you will still be in the US as a nonimmigrant. So I don't know what to do.


If you are inadmissable you ain't gettin in... So, it must be dealt with before entry... without it, there cannot or will not be admission to the country..

Edited by payxibka, 07 November 2008 - 02:06 PM.

payxibkaMaleUkraine2008-11-07 13:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 in the USA
QUOTE (spookyturtle @ Oct 29 2008, 12:17 PM) <{POST_SNAPBACK}>
Illegal presence is normally forgiven upon marriage to a US citizen. Waivers for unlawful presence are filed abroad, not in the US. Waivers are filed upon request by USCIS. If you never left the US after your overstay, you are not banned. The 3/10 year bar only comes into effect upon leaving the US. There should be no need for a waiver for unlawful presence as you married a US citizen and never left the country. Run away from that lawyer as fast as you can. Most will take your money even though they have no experience in the type of case that you have. As suggested above, Laurel Scott is an excellent choice, as is Heather Poole at humanrights attorney.com.


I agree... I have struggled with the need of filing of a "waiver" from inside the USA in the first place... it is not typically what occurs...
payxibkaMaleUkraine2008-10-29 12:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 in the USA
QUOTE (babyshaq4 @ Oct 29 2008, 12:26 PM) <{POST_SNAPBACK}>
Thank you so much spookyturtle,

I was granted voluntary departure by IJ after my asylum was denied. So i have a final order of deportation against me. Does those informations change my illegal presence in the USA? If you dont mind emailing me at sergebabo1@yahoo.com I will send you the summary of my biography so you could understand my situation better. Again thank you so much.


Yes it does.... an extremely important piece of information you just shared.....

Edited by payxibka, 29 October 2008 - 12:30 PM.

payxibkaMaleUkraine2008-10-29 12:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Letter from Senator
I think the thing that must be understood is that the eleced representatives (Senators and Congresspeople) cannot get a visa/petition approved whose application/petition is not yet approvable. They can inquire as to status, they can even sometimes get an expedite (for cause), but they cannot get the DOS or USCIS to circumvent the process.... Sometimes they can assist in removing "roadblocks," many times they cannot....
payxibkaMaleUkraine2008-10-09 09:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied Visa-Wedding-
QUOTE (mikejersey @ Sep 30 2008, 06:02 AM) <{POST_SNAPBACK}>
Hi Everyone,

My wife was denied a visa to enter the USA due to overstaying her visa years ago and now banned for a few years( in the process of appealing of course). We have a wedding in the states of my brother and somebody told me she can still go over and just vacation there for a week then come back to Ireland. Is that true and if so what do I have to do? Paperwork etc, embassy ugh..thanks smile.gif


An entry ban is an entry ban... until it is "waived" she won't see the inside of the USA
payxibkaMaleUkraine2008-09-30 06:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
QUOTE (Johny E. @ Sep 15 2008, 10:15 AM) <{POST_SNAPBACK}>
My fiancee lived in the US illegally for 8 years. (entered with a tourist visa), BUT was taken to America by her mother when she was 12 years old. She has a squeaky clean record and left the US voluntarily. We are now in the process of a k1 visa. Our lawyer believes our case wont be denied and we wnt need a waiver. We have been together for 5 years and have a million ways to prove our relationship. Our lawyer believes that it is mostly like it that we will receive a waiver under the "discretion" of the person interviewing us, considering that she was only a child when taken to America. We know about the bar but many lawyers told us the same thing our lawyer told us. (we have a strong case,mostly because of her age when she entered the US).Has any1 been trough a similar situation or has heard of a similar case? Please reply.



I think your lawyer is wrong. Your petition will be approved but most likely the consulate will refuse the visa. If and only if the consulate refuses will you need to apply for a waiver. Best course of action would be to undersand the waiver process and how Rio accept waiver applications. Have one in your back pocket the day of the interview and be ready to go.

Edited by fwaguy, 15 September 2008 - 10:21 AM.

payxibkaMaleUkraine2008-09-15 10:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver Needed?
No, any previous overstay precludes you from using the VWP. If you wish to visit you will need to secure a B2 visa.

Unless you have accrued an overstay of more than 180 days, you have no ban that will requires a waiver.

Edited by payxibka, 24 September 2008 - 09:11 AM.

payxibkaMaleUkraine2008-09-24 09:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Overstayed Fiancee Visa & Married Someone Else
QUOTE (risal @ Sep 15 2008, 08:19 PM) <{POST_SNAPBACK}>
Actually, I would prefer the question left in the other forum.. I put it there instead of under waiver because it would get more responses..


You want quality not quantity....

Only if the responses you wanted were ... "I really don't have answer for you but I wish your friend the best...." then you are right it shouild have been left there....
payxibkaMaleUkraine2008-09-16 10:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Another waiver question
The reason for the refusal does not go away automatically as a result of marriage. Worst case is that you will begin again with a new petition, and then when after your interview and your visa is refused (again), you will once again have to file for a new waiver and maybe wait up to one year.

Edited by fwaguy, 07 August 2008 - 04:57 PM.

payxibkaMaleUkraine2008-08-07 16:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)AP Handled By Embassy vs. DOS
The embassy is a part of the Department of State (DOS)
payxibkaMaleUkraine2008-08-01 15:09:00
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