Need help on K1 Visa 601 waiver and 91b

[rolltide1979 0]

Hello

 

My fiance lives in Mexico and i filled out the forms for her to come to USA on K1 Visa. I must have mistakenly put the wrong date for her coming illegally and going back and her return date was 12/2007 and it was 2006. She didn't want them to get angry with her so she stuck to what it actually said even tho it's not true. Anyhow they said she had to wait until Dec 2017 to apply. She left on her own free will. They said she could apply for 601 waiver or 91b. Can someone help me figure out what to do. It would be most appreciated. 

[rolltide1979 0]

 

My fiance lives in Mexico and i filled out the forms for her to come to USA on K1 Visa. I must have mistakenly put the wrong date for her coming illegally and going back and her return date was 12/2007 and it was 2006. She didn't want them to get angry with her so she stuck to what it actually said even tho it's not true. Anyhow they said she had to wait until Dec 2017 to apply. She left on her own free will. They said she could apply for 601 waiver or 91b. Can someone help me figure out what to do. It would be most appreciated. 

[geowrian 22,338]

1. She needs to tell the truth regardless of whether or not they will "get angry". She's lucky she didn't get flagged for misrepresentation.
2. If she overstayed or illegally entered the US, she accumulated unlawful presence. When she left the US, a ban was issued. I'm assuming she was in the US illegally for over 1 year, since it sounds like she got a 10 year ban.
3. The ban begins from when you exit the US, not when you first started accumulating unlawful presence.
4. Exiting of her own free will does not avoid a ban.

I would say just wait for the ban to end (Dec. 2017, you said) to file. The waiver will likely add thousands of dollars in legal fees and 6+ months to the K-1 process - to possibly just have it denied anyway.

[OJIMENEZ915 1]

My experience with k1 visa it was approved in 4 months, we waited for interview march 2016, my fiance was in USA and returned to mexico in 2015. At the interview in March he was given the chance for i601 waiver, I applied in May for i601 waiver, in Nov 2016 were aproved and Dec 12,2016 got his visa on hand. I did all this on my own. No attorney but it took commitment from both gathered all information took 1 month to put all together. Best of luck