I 601 waiver -should we go for k1 or K3 visa?

[Noone ever 0]

Hi, I am new here and still going through a lot of info here so I want an advise. I overstayed my last visa in USA and now I have the 10 years ban. The problem I have now is should we apply for a fiance visa or a spouse one? I know that the process of fiance visa is faster and that's why I want to go that way but I have been told that extreme hardship only works for spouses not for fiance? Is that true? Also can we fill out the petition and the waiver together, because I have already been for an interview for a tourist visa and of course I got denied and received the 10 years ban. Thank you very much everyone and good luck with your cases!!! I know how hard it is on everyone going through this!

[NigeriaorBust 4,087]

Extreme hardship is easier to show for a family member ( spouse) than a not quite family member. You can't file them together. You file the petition for the visa ,at the interview the visa gets denied and they tell you IF you are eligible to file a waiver. You can have the waiver all ready to file but you can't present it until you are denied and told you can present it.

[canadian_wife 1,827]

I would file as a spouse, although it technically doesn't matter for the I601 waiver, I personally think the hardship for a spouse is greater than a fiance(e).

no, you cannot file both together and you should certainly not start this process without a lawyer. Laurel Scott is an expert on inadmissability and offers a free chat on wednesdays

Also, immigrate2us.net is a site that specializes in inadmissability

Good luck

[Noone ever 0]

Thank you very much!