Changing From K1 to CR-i

[codybanks 1]

It's been awhile since I've posted in here, at that time we were going through the K1 visa, which we did get approved but when I got to the border, the CBP Officer canceled my visa. We have been going through numerous ways of getting info on lawyers to have a waiver done, but the only way that 1 Lawyer would do it was if we were married, We got married at the end of June, then we had to wait til we got our marriage certificate so that my wife could get her Id change, We are now almost ready to send in the I-130, but I called DOS and apparently I'm still in AP, is this going have some effect on our filling of the I-130, or will it just replace the K1 automatically?

We plan to have the waiver ready and done by a lawyer that will do it, in time for the interview. Yes, I know it will be a while before that will occur, but this time we will have all our t's crossed and our i's dotted.

[amykathleen2005 441]

Why did he cancel your visa? That is odd.

[soon2batexan 3]

I'm confused...I've never heard of such a thing before. I've heard a few people say that the visa is cancelled/expires upon entry because it is used (ie you have to get married. It's no longer valid because you cannot re-enter on it), but I've never heard of being denied entry or needing a waiver. They're supposed to check all that stuff out before issuing the visa.

[Darnell 8,478]

ya, sorry, the CBP fella found yer prior conviction,

and somehow the Visa Officer on Interview Day 'did something else'.

Sorry.

If filing new petition, the waiver is usually filed , much later, on interview day, right after the interview is finished, ya give the Visa Officer the Waiver packet, then wait some more - sometimes up to one year.

I don't know squat about this type of waiver for a K-1 visa - but for a CR-1/IR-1 visa, that waiver is 'gettable' after the interview.

Sorry for yer plight, really. Chalk it up to 'increased and better automation' for namechecks done on Canadiens.

[codybanks 1]

I had a conviction when I was 19. The matter was discussed at the time of our interview, so nothing was held back from the person that interviewed us to the CBP Officer that canceled my Visa. After having us sit down for 2 hrs the person that interviewed us said that seeing as my conviction was a long time ago and that I've been good since, he granted me the Visa. But I guess that the CBP Officer had other ideas of that and decided to cancel the Visa. We will have the lawyer do the I-601 waiver so that we can hand it in after our interview for the CR-1.

[decocker 7,198]

wow. that is just totally insane. hope everything works out, and soon.

[Flames9_RN 358]

U cant just hand in the waiver now--or well before u got married?? Sorry to say, but ur in for a long haul(even after the cr-1 interview), which I'm sure ur well aware! Hope for the best@!!

[codybanks 1]

U cant just hand in the waiver now--or well before u got married?? Sorry to say, but ur in for a long haul(even after the cr-1 interview), which I'm sure ur well aware! Hope for the best@!!

We are quite aware of that fact, but the only way that we could get help with the waiver, was to get married and have the lawyer prepare the waiver, as it constitute hardship on the US Spouse and not just on my conviction.

We went over a year with the K1 Visa, so we know what it means that it will take a long time, as we have to go through the process of the CR-1 and then once that's done, we have to go through the Waiver process.

But as I've stated before, we love each other so much that we will wait this process through til we can be together, each and every day.

[Flames9_RN 358]

I was asking a question, as we do not see too many waiver cases here in the Cdn forum! Could you not have filed the waiver as a k1?? The few waivers I recall here on the CDn forum have taken around a year to complete and that is after the interview

[codybanks 1]

I was asking a question, as we do not see too many waiver cases here in the Cdn forum! Could you not have filed the waiver as a k1?? The few waivers I recall here on the CDn forum have taken around a year to complete and that is after the interview

I wish it was that easy, we have only one that would help us, but only if we were married. We have tried to get a lawyer right after I was denied and for several months, with different telephone consultations, but as I said the only one that would take us, is if we were married and able to take payments.

[Flames9_RN 358]

I wish it was that easy, we have only one that would help us, but only if we were married. We have tried to get a lawyer right after I was denied and for several months, with different telephone consultations, but as I said the only one that would take us, is if we were married and able to take payments.

I don't know the waiver rules, but that sounds truly fishy! I know their are other sites that can help with waivers!! Something you should look into. I'm not a lawyer hater--have a few in the family and know a few,lol but their are some out there that only care about the $$$$. There have been many on VJ that educated themself and that had a lawyer and had to tell the lawyer the "correct" way. I'm just saying, lol thats all. I wil send ya a pm.

[codybanks 1]

Yes the actual waiver is easy, but one has to know that when doing the waiver, alot of it has to do with the hardship of the US Citizen. And my wife feels that the criteria that she must provide, doesn't real provide in her case. Alot has to do with the Adjudicator that looks over the waivers, some have been accepted and some haven't, it's not cut and dry forms that they base their yes or no.

[canadianboy 1]

I had a conviction when I was 19. The matter was discussed at the time of our interview, so nothing was held back from the person that interviewed us to the CBP Officer that canceled my Visa. After having us sit down for 2 hrs the person that interviewed us said that seeing as my conviction was a long time ago and that I've been good since, he granted me the Visa. But I guess that the CBP Officer had other ideas of that and decided to cancel the Visa. We will have the lawyer do the I-601 waiver so that we can hand it in after our interview for the CR-1.

cody what exactly is the conviction all about... did you just have one cimt oz if you have only one cimt they should have allowd you or does your conviction fall into the petty offence or not?

[codybanks 1]

cody what exactly is the conviction all about... did you just have one cimt oz if you have only one cimt they should have allowd you or does your conviction fall into the petty offence or not?

Hi Canadianboy,

My conviction consisted of taking a car (theft over $200) and dangerous driving. So I'm not sure if it would fall into the petty offence or not. I should've just stopped and just got the joy riding offence. But over all I should not even tried to drive that night. But when you are that young, you don't think of the consequences.

[Minted7 3]

Sorry to hear about that! Where was your POE?