Do I have this right? K1 and I-601 -- this is bad...

[robale 0]

Background:

Me - USC

Her - Colombian Citizen

I met my fiance here in the US while she was here with an H4 visa (her former husband was working here on H1). She said that her H4 "expired" August 15 2005. She left the US voluntarily Oct. 17 2007. (14 month overstay) Her divorce was completed last week and we want to get married and have her come back to the states (actually file a K1 and have her come here for us to get married).

From searching the various forums it looks to me like we will have to: 1. File for K1 (I130), wait for it to completely process (6-9months) where she will be denied approval at the interview due to the previous overstay. 2. Apply for I-601 after the interview which currently takes 8-12months. Total time minimum 14months (likey closer to 18months).

Am I correct with the above? I want to be sure before I tell her... I'm already devestated...

Are there any alternatives?

THANKS!!!

[payxibka 10,045]

Background:

Me - USC

Her - Colombian Citizen

I met my fiance here in the US while she was here with an H4 visa (her former husband was working here on H1). She said that her H4 "expired" August 15 2005. She left the US voluntarily Oct. 17 2007. (14 month overstay) Her divorce was completed last week and we want to get married and have her come back to the states (actually file a K1 and have her come here for us to get married).

From searching the various forums it looks to me like we will have to: 1. File for K1 (I130), wait for it to completely process (6-9months) where she will be denied approval at the interview due to the previous overstay. 2. Apply for I-601 after the interview which currently takes 8-12months. Total time minimum 14months (likey closer to 18months).

Am I correct with the above? I want to be sure before I tell her... I'm already devestated...

Are there any alternatives?

THANKS!!!

K-1 petition is I-129F not the I-130... Other than that it sounds about right..... Any alternative there is you will face the same requirement for a waiver... but others will hopefully chime

Edited February 12, 2008 by fwaguy

[Mononoke28 134]

K-1 petition is I-129F not the I-130... Other than that it sounds about right..... Any alternative there is you will face the same requirement for a waiver... but others will hopefully chime

I Agree, I-129F for K1 visa. Is getting married before applying for the visa out of the question? It takes a month or two longer than the K1 and since you already have to wait about 1½ years for the whole process, might as well? Unless there are reasons not to do it.

Diana

[robale 0]

K-1 petition is I-129F not the I-130... Other than that it sounds about right..... Any alternative there is you will face the same requirement for a waiver... but others will hopefully chime

I Agree, I-129F for K1 visa. Is getting married before applying for the visa out of the question? It takes a month or two longer than the K1 and since you already have to wait about 1½ years for the whole process, might as well? Unless there are reasons not to do it.

Diana

Opps, my bad, I meant I-129F.

Well, no there's no reason we couldn't go ahead and get married other than "it takes a month or two longer"...

Thanks for the info... that's what I was afraid of...

Is there any reason to spend money on a lawyer assuming the details as I set forth are correct? In other words is there anything a lawyer could do to help?

THANKS!!!

[robale 0]

K-1 petition is I-129F not the I-130... Other than that it sounds about right..... Any alternative there is you will face the same requirement for a waiver... but others will hopefully chime

I Agree, I-129F for K1 visa. Is getting married before applying for the visa out of the question? It takes a month or two longer than the K1 and since you already have to wait about 1½ years for the whole process, might as well? Unless there are reasons not to do it.

Diana

Opps, my bad, I meant I-129F.

Well, no there's no reason we couldn't go ahead and get married other than "it takes a month or two longer"...

Thanks for the info... that's what I was afraid of...

Is there any reason to spend money on a lawyer assuming the details as I set forth are correct? In other words is there anything a lawyer could do to help?

THANKS!!!

Nevermind about the lawyer, with more research I found that it's a good idea to have a lawyer for I-601 and it's not cheap!

[payxibka 10,045]

Nevermind about the lawyer, with more research I found that it's a good idea to have a lawyer for I-601 and it's not cheap!

Whether it is a good idea or a bad idea is a personal choice... there are many who have successfuly transited the waiver process in both camps

[~Laura and Nick~ 5]

Just wanted to wish you well

Stay strong, you'll get through the wait together.

[robale 0]

Just wanted to wish you well

Stay strong, you'll get through the wait together.

Thanks so much! This is very hard! I just found out about the overstay last night...

[shannon65 2]

did you check Immigrate2US site for more information on waivers? VJ is great for Ks, IM2US is full of people doing waivers, with and without lawyers. I guess you have researched it and know it's all about proving hardship to USC if the non-USC does not get the visa. Letter writing and research.. I am waiting for adjudication of an I601. Good luck!

[~Laura and Nick~ 5]

Just wanted to wish you well

Stay strong, you'll get through the wait together.

Thanks so much! This is very hard! I just found out about the overstay last night...

That must have been hard...sometimes we make mistakes and we don't realize how much they will impact us in the future.

Have faith in your love and in your relationship, what is meant to be will be.