I-601 WAIVER UPDATES

[Bte 3]

3 minutes ago, geowrian said:

No. The waiver for misrepresentation (I-601) can only be filed after being otherwise eligible for the visa and being determined to be inadmissible with a waiver being available.

 

That's assuming misrep is the only issue...if they require evidence of the prior marriage being dissolved, that would be a different issue. That is eligibility for the visa, not an inadmissibility, and cannot be waived.

There was no marriage then. I was just living my my boyfriend then. And when the co asked me, I told him same. And we thought we would get married but it didn’t work out. I was actually with my Spinsterhood certificate on the day of my interview , but he didn’t ask for it. And I want to correct all mistakes before the IR1. My husband wants to file next month but we thought we could file for the waiver too

[SalishSea 17,970]

15 hours ago, Bte said:

There was no marriage then. I was just living my my boyfriend then. And when the co asked me, I told him same. And we thought we would get married but it didn’t work out. I was actually with my Spinsterhood certificate on the day of my interview , but he didn’t ask for it. And I want to correct all mistakes before the IR1. My husband wants to file next month but we thought we could file for the waiver too

Unfortunately the waiver can not be applied for until you are denied at your interview.

[Boiler 45,733]

There is nothing to waive until an interview has been held and a determination made.

[Oko Vicki 55]

On 2/7/2020 at 7:33 PM, geowrian said:

No. The waiver for misrepresentation (I-601) can only be filed after being otherwise eligible for the visa and being determined to be inadmissible with a waiver being available.

 

That's assuming misrep is the only issue...if they require evidence of the prior marriage being dissolved, that would be a different issue. That is eligibility for the visa, not an inadmissibility, and cannot be waived.

I am in almost the same situation as @Bte, my ex-wife gave me fake divorce papers (this was submitted in court as exhibit in new divorce case) in January 2018 which silly me did not verify, filed for K1 in November, interviewed in June 2019 and denied in October after AP. It was consulate's response to my USC partner's Senator office's enquiry that made me know my divorce certificate was counterfeit. 

I involved family lawyer, lawyer initiated a divorce process October 2019 (final judgment is slated for February 24, 2020), we plan to wed after that and file I130.

Is it possible to escape a waiver or is a waiver a must after being approved for a visa? We just want to know what to expect. Thank you.

Edited February 8, 2020 by Oko Vicki

[Boiler 45,733]

That will be down to the Consulate in reviewing your past submissions.

[geowrian 22,337]

On 2/8/2020 at 5:31 PM, Oko Vicki said:

I am in almost the same situation as @Bte, my ex-wife gave me fake divorce papers (this was submitted in court as exhibit in new divorce case) in January 2018 which silly me did not verify, filed for K1 in November, interviewed in June 2019 and denied in October after AP. It was consulate's response to my USC partner's Senator office's enquiry that made me know my divorce certificate was counterfeit. 

I involved family lawyer, lawyer initiated a divorce process October 2019 (final judgment is slated for February 24, 2020), we plan to wed after that and file I130.

Is it possible to escape a waiver or is a waiver a must after being approved for a visa? We just want to know what to expect. Thank you.

Agreed with the above...

You have to interview for the visa and be determined otherwise eligible first. Either they will find you inadmissible due to misrep - at which point an I-601 can be filed - OR they won't, and no waiver is needed.

[Nsaqer 0]

Any one have any input regarding this, anyone experience this or something similar or onow someone who has?

 

I 601 waiver submitted 6/15/17 (CIMT) 

RFE request 10/13/18

RFE submitted 12/18/18

I 601 waiver denied 1/29/19

Appeal sent 4/3/19

Appeal remanded and sent back for new decision Nov 21

Request for expedite sent 1/15/20

Request for expedite denied 1/16/20

Request for expedite approved 1/30/20

 

How likely do you think that they will approve our waiver?

 

[Bte 3]

On 2/8/2020 at 3:42 PM, Boiler said:

There is nothing to waive until an interview has been held and a determination made.

Can’t a waiver be filled concurrently with the I 130? To save time after the interview? 

[Boiler 45,733]

16 minutes ago, Bte said:

Can’t a waiver be filled concurrently with the I 130? To save time after the interview? 

I 212 yes

 

I 601 no

[Bte 3]

1 minute ago, Boiler said:

I 212 yes

 

I 601 no

I see. Our lawyer told us we can file the waiver for misrepresentation concurrently 

[Boiler 45,733]

Misrep is a I601, and anyway for misrep there has to be a finding, and that would be by the Consulate.

[Bte 3]

10 minutes ago, Boiler said:

Misrep is a I601, and anyway for misrep there has to be a finding, and that would be by the Consulate.

I was already denied my K1 Visa. And it was as a result of lie on a previous tourist visa. The co gave me a paper that says I should provide more evidence and/or refute the officers findings. Now, I can’t provide any divorce cert to back up the lie because there was no Marraige. I’m marriedto my husband now, and we spoke to an immigration lawyer, and she said i will be charged for misrepresentation and barred. And also said we can file for the waiver concurrently. To save time. I also intend to mention in the ds260 about the misrepresentation. I don’t know if we can do as she said. 

[Boiler 45,733]

Sounds more like you got a RFE for Divorce evidence?

 

If you had a Misrep finding then you would have been given the opportunity of filing a waiver.

 

Sounds like your Lawyer wants you to be upfront in admitting the misrep, so that you can then file a waiver assuming one is needed. A RFE will just get you back to where you were with the K1.

[Bte 3]

2 minutes ago, Boiler said:

Sounds more like you got a RFE for Divorce evidence?

 

If you had a Misrep finding then you would have been given the opportunity of filing a waiver.

 

Sounds like your Lawyer wants you to be upfront in admitting the misrep, so that you can then file a waiver assuming one is needed. A RFE will just get you back to where you were with the K1.

I didn’t get rfe for divorce evidence. I got a letter that says my petition will be sent back to uscis and revoked. And the uscis will contact me for revaluation , and during the course of the re-evaluation, I will need to provide more evidence and/or refute the officers findings. He didn’t ask for rfe for divorce evidence because I told him I wasn’t married to the guy on my previous tourist visa. And he was just my boyfriend. We were planning to get married, hence the reason why I applied as being married. But we broke up and it didn’t work out. I explained to the lawyer and she said I will be charged for misrepresentation and advised we can file for the waiver concurrently to save time 

[Boiler 45,733]

Well they are not reevaluated, just left to expire, but it does sound like no misrep finding was made. They did not need to.