Not eligible for a waiver unless you're married?????

[Str8upG 0]

Ok, here's my situation. My fiancee was denied on Monday. She was found inadmissible because of a small offense in Greece 5 years ago. The consular officer told her she's not eligible for a I-601 waiver because whe is not married to a U.S. citizen. I called the DOS just now and they confirmed that no waivers are available for fiancee aliens.

On the other hand, my attorney told me that's completely bogus and wrong. Also, the instructions from USCIS on form I-601 state the following:

"Special Note to K-1 and K-2 Nonimmigrant Visa Applicants:

Because you do not yet have the requisite relationship to a citizen or lawful permanent resident of the United States to qualify for a waiver, you must enter one of the following in Block B:

If you are fiancee of a of a U.S. citizen:

- Complete items B.1, B.2, B.3, and B.5 with information regarding the U.S. citizen who filed a fiancee petition on your behalf; and

- Indicate "Prospective Spouse" in item B.4 (Relationship to Applicant)."

Therefore, fiancees are clearly eligible for hardship waivers.

#######? Whom should I believe, the Department of State or the USCIS? This is crazy.

Please, let me know with your input you guys. Thank you in advance.

[Nita&Assaad 0]

Go marry Her!!!

Ok, here's my situation. My fiancee was denied on Monday. She was found inadmissible because of a small offense in Greece 5 years ago. The consular officer told her she's not eligible for a I-601 waiver because whe is not married to a U.S. citizen. I called the DOS just now and they confirmed that no waivers are available for fiancee aliens.

On the other hand, my attorney told me that's completely bogus and wrong. Also, the instructions from USCIS on form I-601 state the following:

"Special Note to K-1 and K-2 Nonimmigrant Visa Applicants:

Because you do not yet have the requisite relationship to a citizen or lawful permanent resident of the United States to qualify for a waiver, you must enter one of the following in Block B:

If you are fiancee of a of a U.S. citizen:

- Complete items B.1, B.2, B.3, and B.5 with information regarding the U.S. citizen who filed a fiancee petition on your behalf; and

- Indicate "Prospective Spouse" in item B.4 (Relationship to Applicant)."

Therefore, fiancees are clearly eligible for hardship waivers.

#######? Whom should I believe, the Department of State or the USCIS? This is crazy.

Please, let me know with your input you guys. Thank you in advance.

[payxibka 10,045]

I would tend to say the USCIS, because if I am not mistaken, the waiver decision is done with them and not the state department. There are a couple of well versed VJ members on waivers... hopefully they will happen around

Edited November 7, 2008 by payxibka

[spookyturtle 9,466]

Wrong. A waiver is available for a spouse or fiance of a US citizen. I have to go find the info it is in

9 Fam 41.81 Notes

Edited November 7, 2008 by spookyturtle

[spookyturtle 9,466]

It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov/documents/organization/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov/propub/ProPubVAP.jsp?...8e70cab6366e0da

[Str8upG 0]

It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov/documents/organization/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov/propub/ProPubVAP.jsp?...8e70cab6366e0da

Thank you for your reply. The thing is that section N9.3(a) of FAM talks about an INA 212(d)(3)(A) waiver, which is for temporary visit. After she gets married to me here and adjust status, she will need a INA 212(h) waiver I believe, in order to waive the misdemeanor inadmissibility. Correct me if I'm wrong.

[payxibka 10,045]

It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov/documents/organization/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov/propub/ProPubVAP.jsp?...8e70cab6366e0da

Thank you for your reply. The thing is that section N9.3(a) of FAM talks about an INA 212(d)(3)(A) waiver, which is for temporary visit. After she gets married to me here and adjust status, she will need a INA 212(h) waiver I believe, in order to waive the misdemeanor inadmissibility. Correct me if I'm wrong.

If admission to the USA has occured, then why would someone need a inadmissability waiver? Waivers are needed for the issuance of a visa...

[Str8upG 0]

It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov/documents/organization/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov/propub/ProPubVAP.jsp?...8e70cab6366e0da

Thank you for your reply. The thing is that section N9.3(a) of FAM talks about an INA 212(d)(3)(A) waiver, which is for temporary visit. After she gets married to me here and adjust status, she will need a INA 212(h) waiver I believe, in order to waive the misdemeanor inadmissibility. Correct me if I'm wrong.

If admission to the USA has occured, then why would someone need a inadmissability waiver? Waivers are needed for the issuance of a visa...

Because I believe when you adjust your status, you need a waiver, otherwise you won't get approved and you will still be in the US as a nonimmigrant. So I don't know what to do.

[payxibka 10,045]

It is in 9 FAM 41.81 N9 3(a), on page 8. and 8CFR212.7(a)(1)(i) of the immigration laws.

http://www.state.gov/documents/organization/87391.pdf This is 9FAM

This is 8CFR: http://www.uscis.gov/propub/ProPubVAP.jsp?...8e70cab6366e0da

Thank you for your reply. The thing is that section N9.3(a) of FAM talks about an INA 212(d)(3)(A) waiver, which is for temporary visit. After she gets married to me here and adjust status, she will need a INA 212(h) waiver I believe, in order to waive the misdemeanor inadmissibility. Correct me if I'm wrong.

If admission to the USA has occured, then why would someone need a inadmissability waiver? Waivers are needed for the issuance of a visa...

Because I believe when you adjust your status, you need a waiver, otherwise you won't get approved and you will still be in the US as a nonimmigrant. So I don't know what to do.

If you are inadmissable you ain't gettin in... So, it must be dealt with before entry... without it, there cannot or will not be admission to the country..

Edited November 7, 2008 by payxibka

[Str8upG 0]

I think you're dead on. That makes perfect sense. Even the instructions for form I-601 by the USCIS clearly state that fiancess are eligible for waivers. I don't know why the DOS keeps insisting that that's not the case.

[emt103c 10]

Fiances ARE eligible for 601's. . . DOS doesn't do that, USCIS does and the consulate is wrong. Have your attorney help out. . .and/or call the dept of Consular Affairs. There are many people who have successfully proven hardship and gotten waivers approved for fiancees.

In addition, the 601 done from outside the U.S. is the only waiver you will need. . .once in the U.S. AOS will occur without a waiver.

[Str8upG 0]

Fiances ARE eligible for 601's. . . DOS doesn't do that, USCIS does and the consulate is wrong. Have your attorney help out. . .and/or call the dept of Consular Affairs. There are many people who have successfully proven hardship and gotten waivers approved for fiancees.

In addition, the 601 done from outside the U.S. is the only waiver you will need. . .once in the U.S. AOS will occur without a waiver.

OK, here's a question. Say I file a hardship waiver and it gets approved. By that time, the original K-1 approval will have expired, so how will my fiancee be able to get the visa?

[spookyturtle 9,466]

You have to get the consulate ruling overturned so you can submit the waiver. As long as you keep the process active, your K-1 approval will be extended as you go thru the process. It took my wife over 2 years to go thru the process after the initial petition was approved.

[emt103c 10]

The expiration date is extended by the consulate while the waiver is pending.