Marriage

[se_vnt3 0]

Does approval of I-129F petition guarantee approval of K-3 visa even if a criminal record exists and there’s a history of drug use and deportation?

My husband’s lawyer has told us that K-3 visas do not require waivers filed and granted and I would like to make sure I understood correctly.

[kc456 0]

As far as I know an approved petition does not guarantee a visa approval. I'd get a second opinion. Perhaps others can comment too, or you can try posting on the Waivers forum.

[aussiewench 9]

An approved petition does not guarantee the issuance of a visa. A consular officer has to take into consideration many things, including, ineligibilities (including info on police certificate), public charge issue, medical, whether the relationship is bonafide etc.

From USCIS

29. Applicants are subject to all ineligibilities. Unlike the applicants for V visas, the LIFE Act does not exempt K3/K4s from INA section 212(a)(9)( B ). K3/K4 applicants are subject to the 3-year bar if they accrued more than 180 days of unlawful presence in the United States, and to the 10-year bar if they accrued one year or more of unlawful presence. However, they are eligible to apply for a waiver.

Have a read fully here of the K3 Visa Implementationhttp://travel.state.gov/visa/laws/telegrams/telegrams_1431.html

Edited May 3, 2006 by aussiewench

[Yodrak 7]

se_vnt3,

The I-129f petition is to determine if a person qualifies to apply for a marriage-based visa, nothing more. It does not address whether or not a person qualifies for the visa.

Yodrak

Does approval of I-129F petition guarantee approval of K-3 visa even if a criminal record exists and there’s a history of drug use and deportation?

....

[desert_fox 32]

se_vnt3,

The I-129f petition is to determine if a person qualifies to apply for a marriage-based visa, nothing more. It does not address whether or not a person qualifies for the visa.

Yodrak

Does approval of I-129F petition guarantee approval of K-3 visa even if a criminal record exists and there’s a history of drug use and deportation?

....

but at the State Dept level, it WILL matter. If you have issues that make you inadmissible, you will denied a visa. Maybe the denial can be overcome with a waiver, but you will not know until you have the interview.

I dont know what your lawyer has been smoking.

[lucyrich 20]

There's a reason for each one of the steps, and things can be denied at any one of the steps. If an approved petition guaranteed a visa, then they might as well get rid of the visa application process and allow people to enter the US by showing an approved petition.

The petition only establishes the petitioner's eligibility to petition the beneficiary. This mostly includes the petitioner's citizenship and relationship to the beneficiary.

The visa application establishes that the beneficiary is eligible for the visa. This includes, but isn't limited to, the issues in INA 212 regarding things like drug use, criminal history, etc. Also, at the visa interview, they may re-visit some issues about the petition approval, such as the bona fide nature of the relationship between the petitioner and beneficiary. If problems are discovered regarding the petition approval, it will be sent back to the USCIS for reconsideration. From reading these boards for awhile, my rough feeling is that the vast majority of denials happen at the consulate, not at the petition approval phase.

Even after a visa is approved, that is NOT a guarantee of eligibility to enter the US. If the customs officer discovers evidence that the beneficiary is not eligible for the visa, or has become inadmissible, then they will refuse entry at the POE. This isn't very common, but it happens. Being caught attempting to smuggle drugs into the US might be one reason. Another might be a K-1 beneficiary where there was evidence they got married sometime before entry to the US.

[meauxna 15]

I dont know what your lawyer has been smoking.

Something waiverable?

[shirlJ831 0]

sounds to me like you got some really good answers so I wont add to it all I say is best of luck