I-601 waiver and K-1 visa question

[frustrated2008 0]

Hello! I'm hoping someone here has a little experience in this matter.

Long story short:

I submitted for K-1 visa in July 2007. Fiancee had interview a couple of weeks ago at Montreal. Was advised to apply for I-601 waiver (misrepresntation in 1997).

Fiancee never entered USA though, there was no arrest. No criminal history, etc.

We mailed the visa application to the Consulate. Now, i'm just curious of the process from this point.

How long is the processing time?

Where is the application sent/approved? USCIS or NVC?

Any additional info, advise, related stories, etc would be welcomed!

Thanks!

Edited July 15, 2008 by frustrated2008

[Carlawarla 1]

Well, we don't have all the information. Correct me if I'm wrong, but you had an interview in Montreal a few weeks ago...your visa was denied due to a misrepresentation in 1997. Misrepresentation how? From a previous visa application? Misrepresentation from a visit to the US, but was not allowed in? It sounds to me that you're going through the K-1 process again instead of preparing a waiver? I'm totally confused. If Montreal told you to apply for a waiver, that's what you should be doing. Maybe this is best moved to the Waivers section. I'm sorry if I've got your story totally wrong! Just trying to get all the information.

[frustrated2008 0]

Well, we don't have all the information. Correct me if I'm wrong, but you had an interview in Montreal a few weeks ago...your visa was denied due to a misrepresentation in 1997. Misrepresentation how? From a previous visa application? Misrepresentation from a visit to the US, but was not allowed in? It sounds to me that you're going through the K-1 process again instead of preparing a waiver? I'm totally confused. If Montreal told you to apply for a waiver, that's what you should be doing. Maybe this is best moved to the Waivers section. I'm sorry if I've got your story totally wrong! Just trying to get all the information.

thanks for reply.

Sorry for the confusion. I am a US citizen and I applied for K-1 visa last year (July 2007), it was approved thru USCIS, sent to NVC then to Montreal. Fiancee had the interview a couple of weeks ago and was told to apply for the I-601 in addition to.

In 1997, fiancee and a group of young girls (at the time) tried to cross border near Watertown, NY with fake IDs. She never crossed over and they were turned around.

She has sent the I-601 to the Montreal Consulate as they instructed her to do. I'm just wondering, how long does it take normally for this I-601 and the approving authority?

Edited July 15, 2008 by frustrated2008

[Carlawarla 1]

Well, we don't have all the information. Correct me if I'm wrong, but you had an interview in Montreal a few weeks ago...your visa was denied due to a misrepresentation in 1997. Misrepresentation how? From a previous visa application? Misrepresentation from a visit to the US, but was not allowed in? It sounds to me that you're going through the K-1 process again instead of preparing a waiver? I'm totally confused. If Montreal told you to apply for a waiver, that's what you should be doing. Maybe this is best moved to the Waivers section. I'm sorry if I've got your story totally wrong! Just trying to get all the information.

thanks for reply.

Sorry for the confusion. I am a US citizen and I applied for K-1 visa last year (July 2007), it was approved thru USCIS, sent to NVC then to Montreal. Fiancee had the interview a couple of weeks ago and was told to apply for the I-601 in addition to.

In 1997, fiancee and a group of young girls (at the time) tried to cross border near Watertown, NY with fake IDs. She never crossed over and they were turned around.

She has sent the I-601 to the Montreal Consulate as they instructed her to do. I'm just wondering, how long does it take normally for this I-601 and the approving authority?

Wow, they were just turned around and there was never anything on her passport? That's weird that they would deny her a visa now because of it! You never know....

Okay, so now she's been denied and you're sending in the waiver. I believe that it will have to adjudicated. It's not just a waiver form you know? The "waiver" is a whole package, and includes a very very good hardship letter with documentation. My understanding, is that waivers can take a year or more. Sorry to be the bearer of bad news. People with waiver questions usually find some good information on the Waiver forum here on VJ, or better yet at immigrate2us.com or net? There are good outlines there apparently on waivers. I'm sure other Canadians are there, and they might have a better idea of the timeframes, but my understanding is that it could take a very long time. You might want to look at options as to moving to Canada.

Her denial was based on misinterpretation which is very very serious. Using Fake ID to cross an international border I believe causes a life-time ban. You'll need a very very good reason (s) for them to approve this waiver. Her age at the time of the offence is probably going to be your best course of action.

Edited July 17, 2008 by Carlawarla