K-1 visa and i601 waiver filing

[Leo1967 5]

8 hours ago, Boiler said:

Sounds like Misrep at least.

 

Any ban will be adjudged at the interview and only after that is a waiver filed. 

 

Strongly suggest you at least consult with on the recommend waiver lawyers, you will need to know exactly what happened and when and put it down in a concise manner.

Makes sense.  Thank you 

[Leo1967 5]

8 hours ago, Boiler said:

Sounds like Misrep at least.

 

Any ban will be adjudged at the interview and only after that is a waiver filed. 

 

Strongly suggest you at least consult with on the recommend waiver lawyers, you will need to know exactly what happened and when and put it down in a concise manner.

I do not think We need a lawyer to tell the truth and provide the details as they happened.  Done several immigration cases and never used a lawyer.  

[Boiler 45,541]

1 hour ago, Leo1967 said:

I do not think We need a lawyer to tell the truth and provide the details as they happened.  Done several immigration cases and never used a lawyer.  

Excellent.

 

Often that is not the case, please keep us updated, always good for other people in similar situations to see how cases such as this progress.

[Unshakable Faith 493]

I would suggest not filing the waiver until after the interview.  You have to file the I-601 waiver and include any inadmissibilities that the beneficiary has and you will not know until after the interview whether they hit him with misrepresentation or not.

It's always suggested to speak with the lawyer, even if you're getting a consultation, to see what you are up against.  I had a free consult with a very well known Immigration waiver lawyer and then went on to complete the waiver myself. This took months of preparation, reading and researching.  It is not just an easy "fill out the forms" application.  For the I-601 you must have compelling reasons as to why it is a hardship for you if he is not able to be in the country and why it would be a hardship for you to move to his country- those things you must prove without a doubt.

 

The written part of my waiver was 22 pages alone, that is not including any evidence.  I believe my entire waiver application was about 2.5-3 inches thick.  It is hard work, that's why most immigration lawyers charge $5000+ to file these waivers.

[Leo1967 5]

35 minutes ago, Unshakable Faith said:

I would suggest not filing the waiver until after the interview.  You have to file the I-601 waiver and include any inadmissibilities that the beneficiary has and you will not know until after the interview whether they hit him with misrepresentation or not.

It's always suggested to speak with the lawyer, even if you're getting a consultation, to see what you are up against.  I had a free consult with a very well known Immigration waiver lawyer and then went on to complete the waiver myself. This took months of preparation, reading and researching.  It is not just an easy "fill out the forms" application.  For the I-601 you must have compelling reasons as to why it is a hardship for you if he is not able to be in the country and why it would be a hardship for you to move to his country- those things you must prove without a doubt.

 

The written part of my waiver was 22 pages alone, that is not including any evidence.  I believe my entire waiver application was about 2.5-3 inches thick.  It is hard work, that's why most immigration lawyers charge $5000+ to file these waivers.

Thank you!  This is the best information so far.  It makes sense and I will wait and follow the instructions from the interview.  We need to prepare for a denial and at that time to consult with a lawyer on how to proceed.  

 

Thank you you for taking the time to carefully read my question.

 

best!

 

leo

[jan22 3,056]

5 hours ago, Leo1967 said:

I doubt that he admitted that he overstayed a previous entry.  I didn’t know him then so this is just an assumption.  Should I be concerned that he will be denied entry altogether because he entered after overstaying and using a different passport?   Should I give up this idea?

I would, first of all, urge him to complete his visa application thoroughly and accurately, including the first overstay, the subsequent entry where he (likely) concealed it, and the shorter overstay on that entry.  If he doesn't, it could cause a huge problem in the future.  You want to make sure any ineligibilities are found and waived during the petition/visa process.  Otherwise, they could cause real problems in the other immigration processes you'll need to do.

 

In addition to the 10 year ban for the 3-year overstay, it is likely that he will face an ineligibility under INA 212a6C1 for fraud and misrepresentation if he concealed the overstay on his 2008 entry --  which he likely did, because he otherwise would not have been admitted into the US. A 6C ineligibility is permanent; however, there's a waiver that can be applied for.  

 

I think you would benefit from at least a consultation with a good immigration attorney who is familiar with waIverson prior to filing your paperwork.  

Edited January 6, 2018 by jan22

[Leo1967 5]

4 minutes ago, jan22 said:

I would, first of all, urge him to complete his visa application thoroughly and accurately, including the first overstay, the subsequent entry where he (likely) concealed it, and the shorter overstay on that entry.  If he doesn't, it could cause a huge problem in the future.  You want to make sure any ineligibilities are found and waived during the petition/visa process.  Otherwise, they could cause real problems in the other immigration processes you'll need to do.

 

In addition to the 10 year ban for the 3-year overstay, it is likely that he will face an ineligibility under INA 212a6C1 for fraud and misrepresentation if he concealed the overstay on his 2008 entry --  which he likely did, because he otherwise would not have been admitted into the US. A 6C ineligibility is permanent; however, there's a waiver that can be applied for.  

 

I think you would benefit from at least a consultation with a good immigration attorney who is familiar with waIverson prior to filing your paperwork.

 

I'm 

Thank you Jan22. 

This is exactly what I'm battling with.....  Should we file the i-601 waiver now that his K-1 application is in process or wait until his K-1 approval is sent to the Embassy and wait for the inadmissibility and instructions to file the Waiver Visa Application after?    I have already completed the Waiver Visa providing ALL entries and overstays, being as honest as we can be and let them decide.   In a way I am trying to be upfront with the details as they happened but also to cut the waiting time by filing while the K-1 is being processed.  He was already told to file a Waiver Visa during the Tourist visa interview. 

The hardship the denial would cause me is immeasurable to me; besides I am the co-owner of two restaurants and hire 26 employees who would likely lose their jobs if I have to close my businesses here to move to the UK. 

 

Again, the question is: should I send the Visa Waiver now or after the K-1 is approved?

 

Thanks a million!

[payxibka 10,045]

9 minutes ago, Leo1967 said:

Thank you Jan22. 

This is exactly what I'm battling with.....  Should we file the i-601 waiver now that his K-1 application is in process or wait until his K-1 approval is sent to the Embassy and wait for the inadmissibility and instructions to file the Waiver Visa Application after?    I have already completed the Waiver Visa providing ALL entries and overstays, being as honest as we can be and let them decide.   In a way I am trying to be upfront with the details as they happened but also to cut the waiting time by filing while the K-1 is being processed.  He was already told to file a Waiver Visa during the Tourist visa interview. 

The hardship the denial would cause me is immeasurable to me; besides I am the co-owner of two restaurants and hire 26 employees who would likely lose their jobs if I have to close my businesses here to move to the UK. 

 

Again, the question is: should I send the Visa Waiver now or after the K-1 is approved?

 

Thanks a million!

You are not eligible until he is found inadmissible

[jan22 3,056]

1 hour ago, Leo1967 said:

Thank you Jan22. 

This is exactly what I'm battling with.....  Should we file the i-601 waiver now that his K-1 application is in process or wait until his K-1 approval is sent to the Embassy and wait for the inadmissibility and instructions to file the Waiver Visa Application after?    I have already completed the Waiver Visa providing ALL entries and overstays, being as honest as we can be and let them decide.   In a way I am trying to be upfront with the details as they happened but also to cut the waiting time by filing while the K-1 is being processed.  He was already told to file a Waiver Visa during the Tourist visa interview. 

The hardship the denial would cause me is immeasurable to me; besides I am the co-owner of two restaurants and hire 26 employees who would likely lose their jobs if I have to close my businesses here to move to the UK. 

 

Again, the question is: should I send the Visa Waiver now or after the K-1 is approved?

 

Thanks a million!

You can only file the waiver in advance if the only ineligibility is an overstay.  Anything else needs to be based on the finding of ineligibility during the visa interview.  So, you will need to wait until the K-1 petition is approved and the case is forwarded to the Embassy for the visa interview. Once the interview occurs, and the officer determines what ineligibility(ties) exist, then and only then, can you file for any waiver other than an overstay. 

[Elsalove2016 34]

You can not file the waiver until you go through gr k1 visa process or spousal visa and the embassy has to let you know if you qualify for a waiver or not . As far as I know it would be useless to file a waiver before the embassy indicates you to . I had something similar happen to my k1 application . My fiancé’s k1 visa was refused do to a cimt in his police record from years ago but the embassy told us that he qualify for a waiver and we are working on that now . It costs money and time but everyone recommends to use a good immigration  lawyer to assist you with your waiver . When I had the first consultation I asked my lawyer if it would make a difference if I married my fiancé and then sponsor him as a husband and he said no matter what he will need a waiver and that sponsoring him as a husband wouldn’t make any difference because that cimt it’s on his record . 

Edited January 7, 2018 by Elsalove2016

[Leo1967 5]

1 hour ago, Elsalove2016 said:

You can not file the waiver until you go through gr k1 visa process or spousal visa and the embassy has to let you know if you qualify for a waiver or not . As far as I know it would be useless to file a waiver before the embassy indicates you to . I had something similar happen to my k1 application . My fiancé’s k1 visa was refused do to a cimt in his police record from years ago but the embassy told us that he qualify for a waiver and we are working on that now . It costs money and time but everyone recommends to use a good immigration  lawyer to assist you with your waiver . When I had the first consultation I asked my lawyer if it would make a difference if I married my fiancé and then sponsor him as a husband and he said no matter what he will need a waiver and that sponsoring him as a husband wouldn’t make any difference because that cimt it’s on his record . 

Thank you.

When it’s just an overstay I heard that we can file earlier.  The concern I still have is that if they believe that he misrepresented himself by entering with a different passport after he had overstayed previously they may punish him for that.  Either way, there is no way of knowing until we apply, now or later.  Any police interaction is treated differently than an overstay.  After hearing conflicting feedback  I am starting to feel that if he is eligible to apply they will simply return the application as refused and tell us to wait until after the interview. Hopefully they will return the $930 Check too.

[payxibka 10,045]

1 minute ago, Leo1967 said:

Thank you.

When it’s just an overstay I heard that we can file earlier.  The concern I still have is that if they believe that he misrepresented himself by entering with a different passport after he had overstayed previously they may punish him for that.  Either way, there is no way of knowing until we apply, now or later.  Any police interaction is treated differently than an overstay.  After hearing conflicting feedback  I am starting to feel that if he is eligible to apply they will simply return the application as refused and tell us to wait until after the interview. Hopefully they will return the $930 Check too.

If you apply there is no fee return regardless of any action or inaction taken on the application

[Leo1967 5]

7 hours ago, payxibka said:

You are not eligible until he is found inadmissible

 

5 hours ago, jan22 said:

You can only file the waiver in advance if the only ineligibility is an overstay.  Anything else needs to be based on the finding of ineligibility during the visa interview.  So, you will need to wait until the K-1 petition is approved and the case is forwarded to the Embassy for the visa interview. Once the interview occurs, and the officer determines what ineligibility(ties) exist, then and only then, can you file for any waiver other than an overstay. 

Thanks,  His inadmissibilty is an overstay.  

 

1 minute ago, payxibka said:

If you apply there is no fee return regardless of any action or inaction taken on the application

 

[payxibka 10,045]

1 minute ago, Leo1967 said:

 

Thanks,  His inadmissibilty is an overstay.  

 

You are confident then that they won't connect the dots....

[Leo1967 5]

1 minute ago, payxibka said:

You are confident then that they won't connect the dots....

No, I want to provide all the dots already connected.   

I am weighing all the information. In the end I will most likely wait but I want to be sure.