K1 Interview & 212(h) Waiver: How much authority does the CO have to approve/deny Visa?

[Barry P 2]

Hello Friends,

We just received our NOA2 approval letter and are in process of preparing for interview. Prior to meeting me, my fiancé previously worked in a strip club for 5 months back in Jan-May 2012. We disclosed this information on her G325A for the sake of being honest.

She made the choice of working at a strip club out of financial desperation. Prior to working in the strip club, she was in a relationship which was both physically and mentally abusive. My fiancé wanted to pursue her passion which was to go to Cosmetology School. At first, her ex-boyfriend provided paid 100% tuition. Then, he had change of heart and gave her an ultimatum: quit school or quit the relationship. She decided to leave him but at the same time wanted to pursue her education. In the 5 months she worked, she saved enough money to cover living expenses and tuition for about 8 months. We will be providing this information to the Counselor Office during the interview but with more detail.

In the DS-160, we will truthfully answer the question regarding prostitution in last 10 years. I guess my questions are these:

1. Will the Counselor Officer automatically deny the K1 Visa and request 212(H)? OR
2. Does the Counselor Officer have the authority to approve the visa without having to file for 212(h) waiver?

If we know now that Counselor Officer will have no choice to deny the Visa, then at least we can pursue the option of 212(h) waiver or getting married and applying for spousal visa.

Friends…please keep in mind my fiancé is pregnant and we are about to have our baby girl in about a month. I just want to do whatever that is necessary to be with my family as soon as possible.

Thank you in advance for your guidance and support!

[Hypnos 6,576]

Stripping isn't prostitution.

Stripping is legal, prostitution isn't.

[Jawaree 717]

If it was just stripping...not an issue, however if U did indicate prostitution

on the form I am not sure if the CO will want her to get a waiver (212 h)

but I did want to inform U that K1 can also get waiver, U would not have to

wait to be married...good luck

[Boiler 45,495]

OP said that she worked at a strip club.

I thought you had to quit the game for a certain time before being eligible? Does not come up very often.

[Barry P 2]

My Fiance did strip but also was engaged in what the government defines as prostitution for the last 2 months of her short tenure at the strip club. Again, this is not something she's proud of but it's a choice she made at at that time that she felt was best for her future.

We could easily lie and say she was only a dancer/stripper but keep in mind prostitution is legal everywhere in Costa Rica. The lie would definitely raise a red flag which could lead to potential permanent ban of future US Immigration which is NOT an option.

Assuming we are truthful and provide the entire details regarding why my fiance had to sell her body and having a child together, does the Counselor Officer have the authority to approve the visa WITHOUT having to apply for 212(h) waiver?

[Pitaya 2,577]

~Moved from K1 process to US Embassy and Consulate Discussion Forum~

~Inquiry about visa interview and consular officials~

[averageguy6 22]

Barry,

be strong, you will make it, good news and bad news here....

(please see the private message I sent to you). Bottom line....

(1) She will be found inadmissible....if she checked the box (which was the right thing to do) the officer would follow the law and find her inadmissible. There would be no reason for him not to....being sorry about the past, being pregnant, circumstances as to why she did it, being truthful etc etc...all good,... but you need to tell that to USCIS in your waiver application....the CO does not issue waivers for inadmissibility, USCIS does. The CO job is to offer you the waiver if you qualify for it. Prostitution makes one ineligible for a USA visa, but fortunately a waiver is available!

(2) With hard work on your parts, you can get a 601 waiver from USCIS approved.

(3) Start work on the waiver NOW! Its a LOT of work.....but if you have it ready you can send it to USCIS right after her interview....this will save a lot of time as its going to take you a couple months to prepare a good waiver.

resources for you include immigrate2us, attorney Laurel Scott website, and Facebook "601 waiver journey"

If you have it ready to go as soon as you get the refusal at the interview, it may take anywhere from 3-9 months (very rarely longer, but some people do wait longer) to get the approval from USCIS. About a week after that USCIS will notify the embassy, then 1-8 weeks after that the embassy will tell you what else they need updated depending upon how long its been since your first interview. Then 1-24 weeks after that the embassy will issue the visa!

I think about 6 months post interview is a good time frame to have in mind, IF you have your waiver all ready to go the day you get the go ahead to file from the embassy.

Good luck, chin up, dont despair, get to work!