Possible to prepare waiver before interview?

[Marty80 0]

Good day,

My fiancé and I already suspected we would have problems getting the K1 visa due to her past. She had filed for a tourist visa in 1999 and they believed one of her documents were false. I contact the Monterrey Mexico consulate where she interviewed for the tourist visa and explained our situation.

The person confirmed we would need a waiver for the K1 to get approved, but said we were unable to file the waiver until she has interviewed at the Juarez consulate and been denied the K1. They suggested we attend the interview, then request the waiver after the K1 is denied, then file it and pay the fee. So long as the waiver is approved, then my fiancé would have to go back to the consulate for a second interview, where they would likely approve the K1.

My question is, we already know the K1 will be denied, so is there some way we can have the waiver filled out, present it to the consulate at the time of the first interview, and possibly get the K1 approved at that time?

First, it seems like an extremely unproductive process, and is adding considerable expenses for us. Each time my fiancé travels to interview I need (should) go with her because the city is not terribly safe. So this adds airfare and then the government is so kind to charge us in excess of $500 to file a waiver. Second, while the fees are irritating, I fear this will add unreasonable processing time too. Having read the Juarez forum, some people comment the consulate will state an additional 10 months to process a waiver.

Any advice is much appreciated.

Thanks,

Marty

[emt103c 10]

You are one of the LUCKY ones. Mexico has a pilot program that allows for SAME DAY adjudication of the I-601. You have to schedule a waiver appt as soon as you know the date of your consular interview. It will likely be one month after the date of the original interview. IF you complie a good package and are approved, she can get the visa sometimes the same day, sometimes a few days later. . .if your case is not "immediately approveable" then you have to wait for adjudication and have chance to send supplemental evidence. . .that process would take the additional 10 months or more.

The best place to research this is www.immigrate2us.net

There is info on how to compile the packet and more about the pilot program. Good luck!

[spookyturtle 9,465]

First, it seems like an extremely unproductive process, and is adding considerable expenses for us. Each time my fiancé travels to interview I need (should) go with her because the city is not terribly safe. So this adds airfare and then the government is so kind to charge us in excess of $500 to file a waiver. Second, while the fees are irritating, I fear this will add unreasonable processing time too. Having read the Juarez forum, some people comment the consulate will state an additional 10 months to process a waiver.

Any advice is much appreciated.

Thanks,

Marty

It is a very painful and drawn out process in most of the world, but Mexico has the Pilot Program which may expedite approval and Juarez is probably the most lenient office in the world. You won't be able to submit your waiver on the first visit, but with some hard work and good fortune, you may get your wavier approved the same day of your next appointment.

My fiance went thru Rio and had to make 4 trips to the consulate during the process. She lived 1500 miles away and had to stay at least one night in a hotel each time. Very expensive and frustrating, but well worth it to be married now after 30 months of hell.

[Marty80 0]

Thanks to everyone that answered. This has helped a lot and given me some direction for my next steps. I'll read up on the process some more and likely contact Juarez soon for additional information.

Other suggestions are always welcome.

Thanks again,

Marty

[emt103c 10]

The consulate does have a good website, but it is nothing compared to the online resources at I2US.

Edited August 11, 2008 by emt103c

[spookyturtle 9,465]

The consulate does have a good website, but it is nothing compared to the online resources at I2US.

Absolutely. I2US is the best source for waiver information available.

[patheid 0]

She had filed for a tourist visa in 1999 and they believed one of her documents were false. I contact the Monterrey Mexico consulate where she interviewed for the tourist visa and explained our situation.

The MEXICAN consulate has nothing to do with the American Immigration process. - I assume you mean the US consulate in Monterrey? First make sure you are clear why she was denied. If it was just a simply denial, no worries. If she was charged with misrepresentation, then she will need a waiver once her K1 is denied to overcome the misrep charge. While it may be unproductive to have to go back again, most people don't know for sure 100% if there are going to need a waiver - just like you at this point, I assume. So all you can do is understand as much as possible, in advance i.e. consult a qualified attorney who can help your review and fully understand the tourist visa denial. Then if it's absolutely clear that she will need a waiver, start preparing as far in advance as possible. At the interview she has to be both denied and determined to be eligible for the interview - then background checks, fingerprints, etc. With the high number of visa applicants in Mexico, there is no way everyone can be processed in one day so you do have to go back. But with the CDJ pilot program you can schedule your waiver interview soon after the presumed denial, and hang around for a few days or week to get it submitted. If your waiver packet is excellent with tons of examples and proof of extreme hardship, she may be approved same day. If not, it will go into the backlog and she'll have to stay in Mexico until it's adjudicated. So first make sure you know if she needs it and if so, start working on it now.