I601 waiver fiancée visa or spous visa

[ShirahBet 42]

I consulted with a lawyer before my husband and I decided to get married. She indicated that it is better to get married and file for the visa rather than do a K-1 with a waiver. The argument is, as a fiance, he is not a direct relative, and they are more likely to approve waivers for direct relatives than for non.

We got married in Canada, as for me, getting married in Morocco made no sense. I would consider that. It was a fairly easy process, yes, for him, it was more expensive flying him and his mother to Canada, but this time of year, I'm sure you could get some good deals.

[US Canadian Desi 0]

I did my K-1 Waiver and he was denied due to moral turpitude, obstruction of justice. He has not been to the US and lives in Canada, do we have a change of getting the I-601 waiver approved for him? he is my fiancée, do fiancée's have a lower approval rate?

[Boiler 46,075]

What is his status in Canada?

[US Canadian Desi 0]

he is a permanent resident.

[Boiler 46,075]

Then it depends on the severity of his crimes versus your hardships but mainly how well written the waiver is.

[US Canadian Desi 0]

he was denied due to: crime of moral turpitude, based on willful attempt to obstruct, pervert, or defeat the course of justice. he was in an accident and lied that he was not the driver. he got scared since the accident was huge. he is very remorseful and has done the what they judge ordered as his sentence.

Edited September 12, 2013 by US Canadian Desi

[Boiler 46,075]

That seems waiverable, do you intend to use a Lawyer?

[jens_prodigy 13]

Question: I asked this in another forum but I think I may get a more helpful response here.

I did NOT overstay my visitors visa or commit any crimes or anything like that BUT I was flagged at the Border in July for spending 5-6mths at a time in the US (then coming home to renew my tourist visa) for a period of two years. When I got to the border they told me that I was inadmissable under section 212 (a) (7) (A) (i) (I) which basically states that I was in the US longer than I was in my home country. They told me that I would need to get a visa (before now I had been travelling on my police record since my country, Bahamas, is a part of the VWP) AND a waiver of inadmissibility before trying to enter the US again. They didn't tell me I was barred or anything like that.

My fiancee and I decided to apply for the K-1 visa and we just sent in our application but I am confused, I wonder if I need to apply for the waiver as well or if I can just enter with the K-1 visa since I was not told I have any bar against me. I have asked for a lot of advice on this and I'm getting mostly that I DO NOT need the waiver but I'm so worried that I will be approved for the K-1, try to return to the US and then be stopped at the border because I do not have my waiver.

I emailed a lawyer who specializes in waivers and she was kind enough to respond to me right away even though it is not an official consultation. She said according to what she can tell from my case it seems that I DO NOT need a waiver and that the K-1 would be enough. That made me feel better but I'm wondering if I should do the full consultation with her to be sure. It costs about $200 to start and the waiver is another $600 if I should need that so the price is a lot for me right now but I'd rather be safe than sorry. Any ideas? Any suggestions? Any advice would be so helpful right now.

Thank you.

[Boiler 46,075]

You only need a waiver of inadmissibility if you have a ban.

A waiver is a lot more than $600 for legal fees plus the application cost.

[jens_prodigy 13]

You only need a waiver of inadmissibility if you have a ban.

A waiver is a lot more than $600 for legal fees plus the application cost.

Thanks! And they would definitely tell me if I had a ban correct? Because they never said I did during my "interrogation" nor is it in any of the paperwork they gave me. My only question is, why would the paperwork say,

"you are being afforded the opportunity by "officer so and so" to withdraw your application for admission at this time, you must first obtain a new visa, with a waiver of inadmissibility before you can return to the United States in the future."

That was the direct quote from the paperwork.

Forgive me I'm so confused. No mention of a ban yet they mention "obtain a visa with a waiver of inadmissibility".

[Boiler 46,075]

If you were able to withdraw our application you do not have a ban. That sentence is contradictory.

You will find out for certain when you go to your interview.

[US Canadian Desi 0]

That seems waiverable, do you intend to use a Lawyer?

no we do not plan to use a lawyer, we have decided to write the hardship letter ourselves since we cannot afford one. we may consider if we feel we are not doing a good job. ($6,000 and up for a lawyer is unaffordable for us unfortunately.)

do you have any suggestions on which route we should go? to prove extreme hardship is so difficult? do you have any experience of knowledge of how the consular decides, do they even consider future hardships? how tough are they? I am so afraid since this is our last chance.

[Boiler 46,075]

1, Research - www.immigrate2us.net.

2. Not just a letter it is a package. Think of it as a legal brief or an end of year exam.

3. Except in exceptional cases it is just a question of putting the package together so it hits all the right buttons.

4. At least have a consultation with a specialist lawyer, see 1 for info on 'approved' lawyers.

[US Canadian Desi 0]

1, Research - www.immigrate2us.net.

2. Not just a letter it is a package. Think of it as a legal brief or an end of year exam.

3. Except in exceptional cases it is just a question of putting the package together so it hits all the right buttons.

4. At least have a consultation with a specialist lawyer, see 1 for info on 'approved' lawyers.

thank you for ur feedback really appreciate it.

I have tried to register for immigrate2us.net but unfortunately they are not responsive. I cannot get a link for registration from them. =/

I understand it hardship letter plus a proof of hardships and also include photos and anything that can show that If I were to move to Canada how it would affect myself.

[Boiler 46,075]

http://www.scottimmigration.net/

Lots of good info on here.

Edited September 13, 2013 by Boiler