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Filed: K-1 Visa Country: Wales
Timeline
Posted

They don't seem to want to issue waivers for tourist visas. So, they denied her also on the grounds of not having ties to prove she would return. This would first need to be overcome before they would consider a waiver and there was no way they would allow her to overcome this with the police problem. I went round and round with them on this until it finally became clear they were never going to allow her to prove ties and the embassy official recommended we do a fiance visa (at the time we were not married).

They do issue waivers but you have to be otherwise approvable.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

They do issue waivers but you have to be otherwise approvable.

Clearly they do legally but as told by embassy staff in practical terms they don't. The information she provided was sufficient to prove ties and when we went back a second time it was made clear they would not overcome this issue with the police problem no matter what we submitted. They agents were really nice and just being frank with us. Although they didn't say this, it possibly could be because her arrest had to do with illegally trying to leave the country previously.

Edited by JohnThailandJOhn
Filed: K-1 Visa Country: Wales
Timeline
Posted

Being refused for no ties is quite common, the criminal issue and any waiver then becomes a non issue, she never got that far.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

Although just over ten years ago, it doesn't meet the requirements of being over 15, so will have to provide a hardship waiver.

There is no requirement that it has to have been over 15 years ago to qualify for the petty offence exception.

Do you know if there is a way I can search users here who have used her?

I can't imagine there is. All I know is she is highly regarded, and is someone whose name is frequently mentioned here whenever waivers come up. And her initial consultation is free.

Edited by Hypnos

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Posted

There is no requirement that it has to have been over 15 years ago to qualify for the petty offence exception.

I can't imagine there is. All I know is she is highly regarded, and is someone whose name is frequently mentioned here whenever waivers come up. And her initial consultation is free.

15 Years was in reference to waiver ... if it was over 15 years ago, there would be no need to show hardship.

  • 8 months later...
Filed: Timeline
Posted

what was the conviction for (if any), what, if any, prison sentence did she get? If less than a year or no conviction, a waiver is not going to be necessary....find out everything about this incident, rather than engage in guessing games or advice from most of us on this site...get every court document she may have...

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

The OP hasn't logged on to VJ since February, but perhaps he'll come back.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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