601 waiver and K1 timeframe_

[JE06 54]

Hey Friends!

Hope everyone is doing well. My fiance had his interview in Vienna and got denied under 221g for a drug charge 12 years ago. He had no drugs on him an he never tested positive for drugs, yet he was guilty by association and got 3 weeks in jail and a year probation. He is now 31, has not been in truouble and has a 100% clear criminal record since that incident..

I have a few questions-

Our K! petition is set to expire March 15, 2013. Do I need to request an extention or does simply sending off the 601 waiver before it expires do that for me? The 601 waiver needs to the Phoenix USCIS office, correct?

Who makes the final decision on this waiver, USCIS or the embassy?

Is an attorney really necessary for the waiver?

Sorry if I sound a little scatter brained. I am in Europe and came right after his denial... dont know how I am going to leave him again! Anyway I thank everyone for their responses in advance. I know this is the last step of our K1 Journey... it either "is" or it "isnt"... we have done all we can go. Thanks again.

[Carol C 1]

Hello, I just did consultation with couple lawyers about the waiver. I will try to ask your question if I know. Since June all waivers from people outside the US have to be filed through the lockbox in Phoenix and will be adjudicated in Nebraska.

If your I-601 application is approved, the NSC will notify Department of State consular staff at the appropriate U.S. Embassy or Consulate of the decision, and provide the specific visa ineligibility ground(s) that have been waived. Once the consular staff receive this notification, they will contact you regarding issuance of the visa.

Most people say a lawyer is necessary. Because it going to be a lot work to prepare the documents to show your extreme's hardship if you have to move to Vienna and if you stay in the states by yourself.

But there are some people did their waiver packet by themself also got an approval.

Here is a website link you can read, then I think you will have more idea about the I 601 waiver.

http://www.scottimmigration.net/content/i601memo

This is a lawyer's website. She is very famous for I 601 waiver.

Also you can do some consultation with some lawyers too. Some they charge some are free.

Here is the link for lawyers recommended by another immigration website.

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

You can check then out. Good luck.

Edited February 7, 2013 by Carol C

[JE06 54]

thank u so much, your response it has made my day- i plan on working on this this sunday, have a blessed weekend. and thanks for your insight. never thought id need a 601 ugh

[Carol C 1]

You are welcome. If you have any question later just ask me. We totally understand how you feel right now.