I-601 Waiver

[chetesdi02 2]

Short story my fiance had his interview on 1/08/2013 was giving a this famous blue sheet that nobody wants to get. Well on that blue sheet it said that they needed my Long Birth Certificate which I mailed out through DHL I understand they were just waiting for this B/C, but come to find out yesterday that Ciudad Juarez had send a package to my fiance in Mexico. We were so excited waitng to hear good news like his Visa or an APPROVAL letter, but come to find out it was another blue sheet it said that we needed to fill out the I-601 WAIVER. I can't believe this is happening to us. Has anyone gone through this B4. PLEASE give me some advice I'm so lost at this time.

[canadian_wife 1,827]

Is it for illegal presence? If yes, how can it be a surprise?

Good luck

[aaron2020 11,651]

Short story my fiance had his interview on 1/08/2013 was giving a this famous blue sheet that nobody wants to get. Well on that blue sheet it said that they needed my Long Birth Certificate which I mailed out through DHL I understand they were just waiting for this B/C, but come to find out yesterday that Ciudad Juarez had send a package to my fiance in Mexico. We were so excited waitng to hear good news like his Visa or an APPROVAL letter, but come to find out it was another blue sheet it said that we needed to fill out the I-601 WAIVER. I can't believe this is happening to us. Has anyone gone through this B4. PLEASE give me some advice I'm so lost at this time.

How long was your fiancé illegal in the US?

Why are you surprise? Didn't you know that he lived illegally in the US? Didn't you guys research the consequences if living illegal in the US before you filed the I-130?

[TBoneTX 45,910]

*** Thread moved from K-1 Process forum to Waivers forum -- OP is at this stage. ***

[KayDeeCee 4,895]

Neither of you had any idea there was a reason the K-1 visa would be denied and you would need to file a waiver to overcome it?

You can read the guides about waivers in this forum: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

Also, this site specializes in information about waivers in Mexico: http://immigrate2us.net/forum/forumdisplay.php?6-I-601-Mexico

[Laherida 0]

My husband was just approved from Mexico. He entered wi in 2003 we were married in 2004. When he had his appointment in november he was denied. Two weeks later we turned in his waiver packet and he was approved. You MUST understand....in his waiver packet you have to prove your strong relationship with documentation. You also have to prove why it is an EXTREME hardship upon YOU..noy him. That you are not together AND why it would cause an extreme hardship for YOU to live in MExico. How long was he illegal. My husband had a 10 year ban, but yours may be shorter if his illegal stay wasnt long. You guys seriously should have waited because new immigration law beginning in March may have allowed him to stay with you during this process. I am sorry you did not know that...we didnt either, but fortunately my husband should be back next week!

[Laherida 0]

To get adequate help we need to know which line was checked on the blue sheet..what was reason for ban and length..we can only know that by the code on sheet.

[chetesdi02 2]

To get adequate help we need to know which line was checked on the blue sheet..what was reason for ban and length..we can only know that by the code on sheet.

Laherida

Well we are not married yet, we filed for the K-1 Fiance Visa. He had his interview in CJ in 1/08/2013. But the officer said she needed my LONG BIRTHCERTIFICATE, which I mailed to them right away the next day. The officer told my fiance that they would mailout any decision that had made through DHL in Mexico which they did, it took them less than 2 weeks to reply to him. Well coming to find out it was another BLUE SHEET with this on it.

Seccion 212(a)(6)© que por medio de fraude o representacion fraudulente haya recibido o tratado de recibir un beneficio de inmigracion de lo Estados Unidos.

Than at the bottom says:

Usted puede solicitar un PERDON I-601. Porfavor siga las instrucciones adjuntas.

What do you think?

He was in the USA with a Tourist Visa this is how we met in the first place he would come and go back. He would never stay. Well on 2009 when he was coming to see me again the officers accused him of living here all because of how he was dressed, plus they opened his luggage and saw his clothes. They told him that they new he lived in the USA cause of all his belongings. My fiance did not know what to do at that time so he agreed to what they were saying. Come to find out that the officer who took his TOURIST VISA wrote down that he lived in the USA for 8 months. Which is not correct. His visa expired every 6 months. We ended knowing this cause the officer in CJ told him that my fiance sign it when his Tourist Visa was taking away. If you can give me any heads up on what to expect I would appreciate it alot. And by the way why where yall Denied and giving a Waiver?

[Laherida 0]

Well. My husband was an illegal without a visa from 2003- present. Yours says that he is being banned for misrepresentation or fraud of the government to obtain an immigration benefit. On the eqiver it will ask him under what circumstances he believes he is inadmissable. There he will have to list all the reasons and then do the waiver process. This has been very hard for people i know because they tried to guess what they had done or what the government knew...ey usually dont tell you specifically why you are inadmissable, just the general reason. Ours was easy because we told the truth about everything and his waiver was approved in 2 months despite the holiday season

. My husband had a 10 year ban. It is jow gone Yay!

[Laherida 0]

Here you seem to have 2 options. The first is to hire a lawyer and attempt to reverse the paperwork he signed. This is very difficult and would cost a fortune. If you believe that you would qualify for the waiver, it would cost less. The problem is to qualify for the waiver he ahs to accept the accusation again. After filing for the waiver, even if it is denied, he cannot go back and say that wasnt true. It seems that he would not be able to ge out of the living in us 8 mos charge because 1- he signed off on it and 2- for them to say he did not leave on time, he did not have his documents properly stamped upon reentry to Mexico. The could not make this assumption if he had his documents of exit of US.

[chetesdi02 2]

Here you seem to have 2 options. The first is to hire a lawyer and attempt to reverse the paperwork he signed. This is very difficult and would cost a fortune. If you believe that you would qualify for the waiver, it would cost less. The problem is to qualify for the waiver he ahs to accept the accusation again. After filing for the waiver, even if it is denied, he cannot go back and say that wasnt true. It seems that he would not be able to ge out of the living in us 8 mos charge because 1- he signed off on it and 2- for them to say he did not leave on time, he did not have his documents properly stamped upon reentry to Mexico. The could not make this assumption if he had his documents of exit of US.

I did hire a lawyer since the begining, but I always like to ask questions elsewhere, I have not spoken to my lawyer, she will be out of the office home sick with the flu. But I did talk to her over the phone today and she did say go for the waiver pay the fee and make a Hardship letter. What did you write on your letter I'm working on mine today and maybe all weekend. My fiance is also working on one in Mexico. What should I be consentrating on the most. And I want to thank you for all the advise. This is not the moment to critizise others but to try to help each others where all on the same boat. Thank you again.

[aaron2020 11,651]

I did hire a lawyer since the begining, but I always like to ask questions elsewhere, I have not spoken to my lawyer, she will be out of the office home sick with the flu. But I did talk to her over the phone today and she did say go for the waiver pay the fee and make a Hardship letter. What did you write on your letter I'm working on mine today and maybe all weekend. My fiance is also working on one in Mexico. What should I be consentrating on the most. And I want to thank you for all the advise. This is not the moment to critizise others but to try to help each others where all on the same boat. Thank you again.

You have a lawyer? Given your fiance's situation, did she discuss the waiver with you before now?

[Laherida 0]

I did hire a lawyer since the begining, but I always like to ask questions elsewhere, I have not spoken to my lawyer, she will be out of the office home sick with the flu. But I did talk to her over the phone today and she did say go for the waiver pay the fee and make a Hardship letter. What did you write on your letter I'm working on mine today and maybe all weekend. My fiance is also working on one in Mexico. What should I be consentrating on the most. And I want to thank you for all the advise. This is not the moment to critizise others but to try to help each others where all on the same boat. Thank you again.

Email me for advice

You have a lawyer? Given your fiance's situation, did she discuss the waiver with you before now?

That is a good question!

[KayDeeCee 4,895]

I did hire a lawyer since the begining, but I always like to ask questions elsewhere, I have not spoken to my lawyer, she will be out of the office home sick with the flu. But I did talk to her over the phone today and she did say go for the waiver pay the fee and make a Hardship letter. What did you write on your letter I'm working on mine today and maybe all weekend. My fiance is also working on one in Mexico. What should I be consentrating on the most. And I want to thank you for all the advise. This is not the moment to critizise others but to try to help each others where all on the same boat. Thank you again.

Many helpful links here: http://immigrate2us.net/forum/showthread.php?97-Articles-Guidelines-and-Popular-Links

[kevelito 0]

Hello, how´s you guys doin´?

First at all courage, and don´t worry about the I-601 waiver you guys will be together again, just follow the instruction apply the form, do you have already a lawyer? he was illegal in U.S and then return to his country to get K-1 visa?

Edited January 29, 2013 by georgekevin