K1 Denied :(

[RhettVoe 282]

If the CO said there was no waiver for the K1, there won't be one either for the CR1....if a foreign born fiancée or spouse has ineligibilities that require a waiver, and assuming a waiver is available, then it matters not as to whether a K1 or CR1 is being sought...both would need an approved I-601 (and an I-212 if the foreign born fiancée/spouse had been deported from the US, for ex)...usually only some types drug problems (trafficking comes to mind) or certain issues of involvement with really bad people (the kind that whose referenced group begins with the letter 'T') would not have a waiver available...(murder,as well, I suppose)....something does not sound right....

[HighlandFling 0]

No, the convictions weren't drugs, trafficking or murder.

It would seem that this thread has gone from 'glimmer of hope' to 'eternal darkness'.

I'm trying to remain positive throughout this experience, but it can be trying.

[Removed030114 48]

No, the convictions weren't drugs, trafficking or murder.

It would seem that this thread has gone from 'glimmer of hope' to 'eternal darkness'.

I'm trying to remain positive throughout this experience, but it can be trying.

You're in a tough situation and I think most everyone here can empathize with you. However, you need to heed the advice immediately and make an appointment with a good immigration attorney who has experience in overcoming the kind of denial you have in hand. The attorney will be able to tell you your options and whether you have any chance to be successful. It would be wise to call several on the telephone and get a feel for what you're facing, what they can do and whether you are comfortable with them. Marc Ellis is a very good immigration attorney, with years of experience and a good reputation. I suggest you start by calling his office. Most attorneys provide a free consultation and will tell you whether or not they can help you. There are lots of attorneys out there, and most are not good. Suggest you avoid small offices that don't have support staff.

http://marcellislaw.com/

Edited February 10, 2014 by CNTrav

[Boiler 45,649]

Marc Ellis may be a good lawyer but he is about as far away from Scotland as you can get.

As has been said above there is no waiver that is applicable to Spouses and not to Fiancees.

So something here is wrong.

[CBO 15]

I realise this is my first post, but I have been an avid reader for a few months. I had my K1 visa interview this morning and it was denied. My fiancée and I are distraught at this, but we are being strong.

The reasons for the denial were several convictions in the space of 6 months, ten years ago, with no convictions prior or since then.

Apparently they were considered as CMTs, sadly. But not drug-related.

The CO did say that there was no waiver available to us in this instance, but should we get married and apply for a CR-1 then the waiver option would then become available.

So, for us it looks like another year of waiting and more and more paperwork.

I can also confirm that, yes, you are now allowed to bring cellphones into the embassy in London.

Does anyone have any options that we may not have considered? As long as we can be together quicker!

Last year my husband and I was in the same position, but he was my fiance then. We applied for the K1 Visa only to learn that he had to file a waiver for misrepresentation for something that happen 15 years ago. We we told because of the category of inadmissibility he did not qualify for the waiver being that he was my fiance at the time and I was told by the CO I would need to marry him in order for him to qualify for the waiver; inwhich I did. We married in July 2013, I have recently submitted my I-130. Once it reaches the interview stage he will be denied the visa, and told to file the I-601 waiver. Please move over to immigrate2.net websit that deals with waivers. You will find alot of experience people and attorneys that all has alot of experience with waivers. Many of the waivers which they have done themselves and has been successful with getting them approve. You would be able to read many of the approve waivers that many has posted, and review many of the HSL (Hardship Letters) that many has posted to be reviewed. I personally decided to go with one of the best attorney that experience in I-601 waivers (Lizz Cannon) that offers free consultation. Also there is attorney Laurel Scott that does free chats on Wednesdays. You can inbox me if you have any questions. So it is not the end, I felt nervous and scared until I started educating myself and speaking to Lizz Cannon by the way that used to work for Laurel Scott. Good Luck

[CBO 15]

Last year my husband and I was in the same position, but he was my fiance then. We applied for the K1 Visa only to learn that he had to file a waiver for misrepresentation for something that happen 15 years ago. We we told because of the category of inadmissibility he did not qualify for the waiver being that he was my fiance at the time and I was told by the CO I would need to marry him in order for him to qualify for the waiver; inwhich I did. We married in July 2013, I have recently submitted my I-130. Once it reaches the interview stage he will be denied the visa, and told to file the I-601 waiver. Please move over to immigrate2.net websit that deals with waivers. You will find alot of experience people and attorneys that all has alot of experience with waivers. Many of the waivers which they have done themselves and has been successful with getting them approve. You would be able to read many of the approve waivers that many has posted, and review many of the HSL (Hardship Letters) that many has posted to be reviewed. I personally decided to go with one of the best attorney that experience in I-601 waivers (Lizz Cannon) that offers free consultation. Also there is attorney Laurel Scott that does free chats on Wednesdays. You can inbox me if you have any questions. So it is not the end, I felt nervous and scared until I started educating myself and speaking to Lizz Cannon by the way that used to work for Laurel Scott. Good Luck

immigrate2us.net (correct web site)

[Boiler 45,649]

We we told because of the category of inadmissibility he did not qualify for the waiver being that he was my fiance at the time and I was told by the CO

They are allowed to lie to you, perhaps it was just ignorance?

[CBO 15]

They are allowed to lie to you, perhaps it was just ignorance?

No it has already been verified by my attorney that we are allowed to file the waiver. Not only that I do have it in writing (email) from the embassy.

[Blossomman999 0]

Please hire the lawyer !!!

I'm really sorry for this !!

Keep us updates and good luck for both of you

BE STRONG !!!!

[ShirahBet 42]

The I-601 instructions even state that a fiance is not a qualifying relative and that you can still file the waiver, but it would only be adjudicated when a marriage to a USC was complete.

http://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf

[NigeriaorBust 4,087]

Sounds like they have changed the definition of who qualifies as an immediate relative for a waiver ( a fiance lacks the bond of marriage as isn't an immediate relative in the eyes of the law ) Immigrate2us.net is the VJ of troubled immigration paths. You are looking at a huge delay , as others mentioned a year or more to the interview and then likely something about the same for the waiver to be approved ( assuming it will be ) Filing a waiver does not mean it is approved automatically or quickly

[CBO 15]

The I-601 instructions even state that a fiance is not a qualifying relative and that you can still file the waiver, but it would only be adjudicated when a marriage to a USC was complete.

http://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf

That is what I wanted to make the poster aware of, because it was a learning experience for my husband and I. There are certain waivers that can be file for fiance visa; however then there are those that only qualifies if the parties involved are married (which we fell into that category and it seems the poster fell into the same category). I also got my senator involved who also called the embassy on our behalf and was advised that the waiver will become available once the petitioner and the beneficiary marries.

[shell20 746]

Although unfortunately I can't give you advice, I just wanted to say I am sorry that happened to you both. I find it quite incredulous that it wasn't denied when they received your forms, but I don't know much about the processing procedure, to be honest I didn't realise there could be a denial at fpc. It's not an easy process any of it, the form filling, the waiting and uncertainty, the medical, interview etc. I hope the link that someone kindly put on here helps you and I would advice to get yourself a lawyer. Everyone has their own opinions regarding lawyers, we have one and it's made the process a bit easier for us. They do know their stuff and if anyone can help you it will be a lawyer. I am not sure if one specialises in this or this just come under one big umbrella, I think our lawyer does various things, than just the K1 visa.

Any way I'm sure you don't want me talking away. I wish you much luck with whichever route you decide to go. Hold in there, nothing is impossible.

Edited February 11, 2014 by shell20

[ShirahBet 42]

That is what I wanted to make the poster aware of, because it was a learning experience for my husband and I. There are certain waivers that can be file for fiance visa; however then there are those that only qualifies if the parties involved are married (which we fell into that category and it seems the poster fell into the same category). I also got my senator involved who also called the embassy on our behalf and was advised that the waiver will become available once the petitioner and the beneficiary marries.

I was advised by a lawyer before even starting this process to get married before filing since we knew there'd be a waiver. She stated that it's already hard enough to prove hardship to a qualifying relative, let alone getting (at the time, the consulate) to even process a waiver for someone to whom I wasn't even related. That was a strong enough argument for me. And since we knew we'd be getting married anyway at some point, that's the plan we proceeded with.

[CBO 15]

I was advised by a lawyer before even starting this process to get married before filing since we knew there'd be a waiver. She stated that it's already hard enough to prove hardship to a qualifying relative, let alone getting (at the time, the consulate) to even process a waiver for someone to whom I wasn't even related. That was a strong enough argument for me. And since we knew we'd be getting married anyway at some point, that's the plan we proceeded with.

But you will be surprise how many people are not aware they are inadmissible especially if it occurred as a child and it was out of their control, but looking back it was an experience and we are still going strong. I just thank God that we will be able to file a waiver, because there are so many people out there that are not even qualify for a waiver (married or not) and it will never be available for them.

Edited February 11, 2014 by CBO