K-1 visa and i601 waiver filing

[TBoneTX 45,303]

The chief issue is waivers after the visa interview, so this thread is moved from the K-1 Process forum to the Waivers/AP forum.

[Leo1967 5]

22 minutes ago, TBoneTX said:

The chief issue is waivers after the visa interview, so this thread is moved from the K-1 Process forum to the Waivers/AP forum.

How do I move it?

[payxibka 10,045]

Just now, Leo1967 said:

How do I move it?

Its already been done.  The Moderator moved it

[Leo1967 5]

5 minutes ago, payxibka said:

Its already been done.  The Moderator moved it

Great, thanks!

[jan22 3,056]

23 hours ago, Leo1967 said:

 

Thanks,  His inadmissibilty is an overstay.  

 

 

His known inadmissibility -- at this time -- is the overstay.  But, after the interview he may have another (i.e., misrepresentation).  

[Unshakable Faith 493]

I strongly urge you to forget the idea of trying to save time.  There's a few scenarios that you could face-

 

Scenario 1:  You wait until the interview to see if he has any additional it inadmissabilities and then you file a waiver. 

 

Scenario 2: You pay the fee and file the waiver and include his inadmissibility for an overstay and the waiver is approved. At the interview, he is hit with misrepresentation.  Your waiver and money will be gone and you will have to file a new waiver (with a new fee) to include the additional inadmissibility and then wait for that to be approved.

 

Scenario 3: You paid the fee and file the waiver and it's approved.  You go to the interview and they do not find any more inadmissibilities and your waiver and visa are approved.

 

Scenario 4:  He goes to the interview and they don't feel he is eligible for any immigration benefit and he's denied without the opportunity to file a waiver- even though you may have already filed it and been approved.  (I pray this would not be the case).

 

I know that you really want #3 to be the case (trust me, I've been in your shoes) but it is the least likely.  Don't waste your time and energy on a waiver that could be useless by the time he has his interview.  

 

I know #4 sounds a bit harsh but I just want to give you the reality of things.  This is not to deter you or scare you, I promise!

 

My fiance went for his interview June 2016 and was given an option to file a waiver.  When I came back to the States, I filed the waiver and (prayerfully) received an approval. The embassy requested a follow-up interview and we had that April 2017 and they denied his visa even though we have an approved waiver.  I'm now in the process of refiling for him to apply for the K1 again, currently waiting on NOA2.  Immigration is a toss-up.

 

Please don't try to cut corners to save time!

 

[Boiler 45,522]

2 and 3 are not possible

[Unshakable Faith 493]

29 minutes ago, Boiler said:

2 and 3 are not possible

They're very possible- 

 

#2- Waivers are only approved for the inadmissibilities listed in the waiver paperwork.  It clearly states this on the USCIS website and the I-601 waiver instructions.  If the inadmissibility is not listed, it is not covered by the waiver, so he would still be inadmissible- and misrep can only be waived through the I-601- which would constitute refiling.  The only "if" to this scenario is that USCIS has stated that if they can determine that there may be another inadmissibility that you could incur at the interview, your waiver will not be approved.  But we all know that things are up in the air with USCIS at times depending on who adjudicates the case.

 

#3- The discussion between misrepresentation falls in between misrepresentation and "material misrepresentation".  Misrepresentation in itself would not make someone inadmissible, but material misrepresentation would (which requires a waiver).  There is a possibility that they can know that someone misrepresented themselves but it not be material to the case, in which they would not be inadmissible.  "Material" is defined in two ways- 1) If the truth would deem them inadmissible, 2) the misrepresentation would cut off a line of questioning.

 

In this case, his misrepresentation would be material because had he have told the truth he would have been inadmissible and also because it cut off a line of questioning by them not having the knowledge of inquiring if there was an overstay or an illegal entry.

 

I was referring to if (for some reason) it was overlooked and they initially approve the visa.

 

Both scenarios are completely possible- do you have anything to the contrary?  I'd love to be informed if you do!

Edited January 8, 2018 by Unshakable Faith

[NigeriaorBust 4,087]

  The 2 most probable outcomes are that there is a waiver needed after the interview and he is eligible for a waiver now.  The other is he has a 9c lifetime bar that can be overcome by waiver after 10 years,   Which would delay when the waiver could be filed.   The more remote possibility is that there is no waiver available ever.    Being that a waiver will most likely be the outcome in one format or another , you may want to do the upfront legwork on the hardship evidence.   You can't file it until you are told so but you can prepare it.  

[Leo1967 5]

6 hours ago, NigeriaorBust said:

  The 2 most probable outcomes are that there is a waiver needed after the interview and he is eligible for a waiver now.  The other is he has a 9c lifetime bar that can be overcome by waiver after 10 years,   Which would delay when the waiver could be filed.   The more remote possibility is that there is no waiver available ever.    Being that a waiver will most likely be the outcome in one format or another , you may want to do the upfront legwork on the hardship evidence.   You can't file it until you are told so but you can prepare it.  

Thank you for your perspective.  I am already working on the hardship evidence for the waiver to have it for after the interview.  Do you think that I (the petitioner) will be able to file the waiver from inside the USA and not him at the embassy in the UK?  If he files it there it would be a longer process because they would mail it to the USA anyway?  I live in New York and the waiver would go to the Arizona Center.

Also, the financia hardship is that I am the majority partner in two established restaurants and I can’t move to the UK to be with him because I manage the day to day operations.  Emotionally it would be devastating to me as I’ve struggled with depression from not finding someone to share my life with.  He is the one for me.  I have proof from a therapist from a couple of years ago that I took medication.

 

thanks for your help.

[Leo1967 5]

7 hours ago, Unshakable Faith said:

I strongly urge you to forget the idea of trying to save time.  There's a few scenarios that you could face-

 

Scenario 1:  You wait until the interview to see if he has any additional it inadmissabilities and then you file a waiver. 

 

Scenario 2: You pay the fee and file the waiver and include his inadmissibility for an overstay and the waiver is approved. At the interview, he is hit with misrepresentation.  Your waiver and money will be gone and you will have to file a new waiver (with a new fee) to include the additional inadmissibility and then wait for that to be approved.

 

Scenario 3: You paid the fee and file the waiver and it's approved.  You go to the interview and they do not find any more inadmissibilities and your waiver and visa are approved.

 

Scenario 4:  He goes to the interview and they don't feel he is eligible for any immigration benefit and he's denied without the opportunity to file a waiver- even though you may have already filed it and been approved.  (I pray this would not be the case).

 

I know that you really want #3 to be the case (trust me, I've been in your shoes) but it is the least likely.  Don't waste your time and energy on a waiver that could be useless by the time he has his interview.  

 

I know #4 sounds a bit harsh but I just want to give you the reality of things.  This is not to deter you or scare you, I promise!

 

My fiance went for his interview June 2016 and was given an option to file a waiver.  When I came back to the States, I filed the waiver and (prayerfully) received an approval. The embassy requested a follow-up interview and we had that April 2017 and they denied his visa even though we have an approved waiver.  I'm now in the process of refiling for him to apply for the K1 again, currently waiting on NOA2.  Immigration is a toss-up.

 

Please don't try to cut corners to save time!

 

Thank you for the well informed response.  Would it be too much to ask why they denied his entry visa if the waiver was approved?   

[NigeriaorBust 4,087]

2 hours ago, Leo1967 said:

Thank you for your perspective.  I am already working on the hardship evidence for the waiver to have it for after the interview.  Do you think that I (the petitioner) will be able to file the waiver from inside the USA and not him at the embassy in the UK?  If he files it there it would be a longer process because they would mail it to the USA anyway?  I live in New York and the waiver would go to the Arizona Center.

Also, the financia hardship is that I am the majority partner in two established restaurants and I can’t move to the UK to be with him because I manage the day to day operations.  Emotionally it would be devastating to me as I’ve struggled with depression from not finding someone to share my life with.  He is the one for me.  I have proof from a therapist from a couple of years ago that I took medication.

 

thanks for your help.

  It is you that files the waiver , and it will be filed in the US.   The waiver is basically a petition for them to forgo the ban because of extreme hardship to you , if you were forced to move there.  This is one of the cases where your partner being in a first world country play against you as it is easier to move to a place where the living conditions are similar, especially if English is used there.   Expect the waiver to add at least another year to your process.  

[Boiler 45,522]

2 minutes ago, NigeriaorBust said:

  It is you that files the waiver , and it will be filed in the US.   The waiver is basically a petition for them to forgo the ban because of extreme hardship to you , if you were forced to move there.  This is one of the cases where your partner being in a first world country play against you as it is easier to move to a place where the living conditions are similar, especially if English is used there.   Expect the waiver to add at least another year to your process.  

There seems no measurable difference in success rates.

[Unshakable Faith 493]

On 1/8/2018 at 7:37 AM, Leo1967 said:

Thank you for the well informed response.  Would it be too much to ask why they denied his entry visa if the waiver was approved?   

Your guess is as good as mine.  The VO was really rude to him and wouldn't let him present any relationship evidence even though they already had 200+ pages of it.