Waiver Eligibility for Interview

[ryan1234 0]

We filed for the K-1 I-129F fiance visa on february 10 it went to the vermont service center. We are still waiting for them to update case status. Fiance is from Peru, when she was in the US last her visa expired in march 2009 and she stayed until june 2011. So she stayed over 2 years past her expiration. I was about to go through an attorney to have him do paperwork to set up hardship forms to hopefully get her a waiver during the interview. What are her chances of getting the waiver and passing the interview process and getting to the US? And if you know the timeframes please let me know. We are going on 6 months now. thanks

[Anh map 2,098]

Many VJ members recommend Laurel Scott for waivers. Her firm is online and she hosts a weekly online chat. http://www.scottimmigration.net/

[NigeriaorBust 4,087]

Most countries you attend the interview ,get denied at the interview then submit the waiver if you can.

[ryan1234 0]

Most countries you attend the interview ,get denied at the interview then submit the waiver if you can.

Can you explain a little more please?

[NigeriaorBust 4,087]

The interview itself is the thing that triggers the need for the waiver. You already know you need it but it isn't official until you have been denied. So you go to the interview, and at the end they will announce that you are denied because you have a ban. At that point they will either announce that you can submit a waiver or not. ( you can ) They will then accept and process the papers. Each country has their own timeline for that. Some run quickly and some are almost like a separate visa process.

[ryan1234 0]

The interview itself is the thing that triggers the need for the waiver. You already know you need it but it isn't official until you have been denied. So you go to the interview, and at the end they will announce that you are denied because you have a ban. At that point they will either announce that you can submit a waiver or not. ( you can ) They will then accept and process the papers. Each country has their own timeline for that. Some run quickly and some are almost like a separate visa process.

Ok, thanks for your help. My fiance is in Lima, Peru. I was going to go through an attorney here in Atlanta to have him help me with the hardship for the waiver he wanted $1,500. Is it helpful to go through him or should I do it on my own? And is the success rate better with an attorney? If you know anything about this it would be very helpful. I know it's a very complicated process, I'm sure I could type up some hardship forms on my own and have them notarized just not sure if its better to go through an attorney...

Thanks

[Anh map 2,098]

Ok, thanks for your help. My fiance is in Lima, Peru. I was going to go through an attorney here in Atlanta to have him help me with the hardship for the waiver he wanted $1,500. Is it helpful to go through him or should I do it on my own? And is the success rate better with an attorney? If you know anything about this it would be very helpful. I know it's a very complicated process, I'm sure I could type up some hardship forms on my own and have them notarized just not sure if its better to go through an attorney...

Thanks

Follow the link that I posted earlier to attorney Laurel Scott's website. She's been very helpful to many members and hosts a free weekly online chat. Costs you nothing to get input from another atty before you plunk down $$$.

[JimVaPhuong 4,863]

Ok, thanks for your help. My fiance is in Lima, Peru. I was going to go through an attorney here in Atlanta to have him help me with the hardship for the waiver he wanted $1,500. Is it helpful to go through him or should I do it on my own? And is the success rate better with an attorney? If you know anything about this it would be very helpful. I know it's a very complicated process, I'm sure I could type up some hardship forms on my own and have them notarized just not sure if its better to go through an attorney...

Thanks

Nobody knows the success/failure rates for certain. However, the anecdotal evidence is that your chances are much better if you have an attorney with experience with these waivers helping you. Proving hardship is difficult, even more so if you're not married. The Adjudicators Field Manual doesn't provide much insight into the criteria they use to determine "extreme hardship", but an experienced attorney should know what will pass muster.

N.o.B is correct about the process. The inadmissibility doesn't exist until an immigration officer says that it exists. For most people, that happens at the visa interview. Once they've said that the alien is inadmissible then they'll accept a waiver application.