Confused

[Annie+Mike 0]

Hi I was wondering if anyone here could assist me.

I am from Ireland and origionally filed for a K-1 fiance visa- this was denied as I had overstayed when I was in the states and they informed me that I have a 10 year ban. I am appealing this decision, however in the mean time my fiance and I have got married and he is now in Ireland.

My query is does the appeal for the K-1 still stand or do we now have to fill out a load of different paperwork??

I would be grateful for any information.

[shannon65 2]

I think you need an I-601 waiver to overcome the 10-year ban. It's a waiver of inadmissibility in which the US citizen has to prove "extreme hardship" of living in the alien's country. Someone correct me if I'm wrong, please. but I believe if you get married it invalidates K-1 visas or any appeals of denials of K-1s, as they are only for fiances. You might want to consult a lawyer, I-160s are not that simple.

[Annie+Mike 0]

I think you need an I-601 waiver to overcome the 10-year ban. It's a waiver of inadmissibility in which the US citizen has to prove "extreme hardship" of living in the alien's country. Someone correct me if I'm wrong, please. but I believe if you get married it invalidates K-1 visas or any appeals of denials of K-1s, as they are only for fiances. You might want to consult a lawyer, I-160s are not that simple.

At present i think that it is the I-601 that we have filed I was just confused as to whether the fact that we got married meant that that form was null and void and that there was a different form we needed to fill our as a result.

[shannon65 2]

I'm sure someone will answer your question more exactly -

I am filing for I-601 but still based on the K-1 visa. I know the K-1 visa has to be denied before filing for I-601 but I am not sure whether marrying after the K-1 denial affects the process. Did you get married before applying for I-601? I-601, I know, is valid for either fiances or spouses. So probably you are OK and just need to wait for result of I-601.

[Ian + Anne 0]

Hi I was wondering if anyone here could assist me.

I am from Ireland and origionally filed for a K-1 fiance visa- this was denied as I had overstayed when I was in the states and they informed me that I have a 10 year ban. I am appealing this decision, however in the mean time my fiance and I have got married and he is now in Ireland.

My query is does the appeal for the K-1 still stand or do we now have to fill out a load of different paperwork??

I would be grateful for any information.

You need to file for a CR-1 / K3 visa as you are married now, you will also need to have the I-601 form at hand due to the 10 year ban. Hardship on the USC will need to be proved because of the 10 year ban.

[Penguin_ie 5,993]

You need to file for a CR-1 / K3 visa as you are married now, you will also need to have the I-601 form at hand due to the 10 year ban. Hardship on the USC will need to be proved because of the 10 year ban.

That is correct. As your husband now lives in Ireland with you, once he has been here for a minimum of 6 months you can file for your spousal visa via DCF, which is generally quicker, but you'll still need a waiver, and as far as I know, you will need to file a new waiver (as it is a new visa application), once denied the visa at interview due to your ban. I think getting a lawyer involved is a good idea, as proving hardship might be difficult with your husband living here with you (as the waiver will need to show it being a hardship for the USC not to be able to have you with him in the USA).

[~Laura and Nick~ 5]

Hi

Just wanted to say, hang in there

Edited January 7, 2008 by ~Laura and Nick~

[Annie+Mike 0]

Thank you all so much for your information and support-

so as far as I understand it I should ask the US Embassy to ignore the present I-601 which is attached to the fiance visa- wait for 6 mths and file a K-3 visa as well as the I-601 at the same time??

[payxibka 10,045]

Thank you all so much for your information and support-

so as far as I understand it I should ask the US Embassy to ignore the present I-601 which is attached to the fiance visa- wait for 6 mths and file a K-3 visa as well as the I-601 at the same time??

Since you no longer qualify for a fiance(e) visa, any additional action on that petiion/visa application (including waiver request) is moot.... If you decide to wait 6 mos. and file a petition directly with the consulate then you will be using the I-130 petition which will result in a CR/IR-1 visa. K-3 petitions cannot be submitted directly to the consulate and only can be submitted via the USCIS service centers.

[Annie+Mike 0]

Oh ok- Thanks for that-

Wil wait the 6 mths and file the I-130 form and file with ucsis for the K-3.

Thanks a milion