K 1 denied & I 601 waiver

[TNJ17 1,329]

Well, she lied about not being married. It’s as simple as that. Whatever visa you two apply for now, you will need a waiver. And you’ll probably need a waiver for multiple filings too. She needs to get divorced before you can try again. I think your best option is to get her divorced, final and legal and official, then go over there, get married and apply for CR1. There’s basically no K3 anymore, so you can’t apply for that. I don’t think you’ll get anywhere with K1 anymore and CR1 is gonna be the easiest route for you. I also think you’re gonna need to go through a lawyer and not do it yourselves. 

[JFH 12,190]

*~*~*moved from "K-1 fiancé visa process and procedures" to "waivers and administrative processing"*~*~*

[geowrian 22,337]

21 hours ago, Mapan said:

We have completed the visa process again and we went to the U. S. Embassy in Manila for her interview, the agent the asked for her I 601 waiver which we were not aware we needed and were not told about it. The agent told us she should have received notification that she would need the I 601 approval after the first visa was denied, she did not receive this notification nor did I.

The I-601 would be filed after being refused the visa, not beforehand.

 

21 hours ago, Mapan said:

1) What are the chances of getting the I - 601 approved?

2) The agent at the embassy told us it would probably be better if we just got married and then apply for the K-3 visa as she would have a better chance of getting this visa.

1. Depends on the case...there needs to be a sufficient hardship. Overcoming a willful misrepresentation bar is difficult but far from impossible. This is where I would suggest contacting a good immigration attorney experienced in waivers to present your waiver case.
2. K-3 is obsolete...you would file for a CR-1 instead.

14 hours ago, Chris Duffy said:

I think being denied then giving the waiver now is not an option any more.  Usually they will request you send in additional proof or requested items and your interview is basically on hold until they get the desired documents.  

 

I suspect if you do another visa application you need to include it, I did a waiver for multiple filings and it was approved but seems minor compared to presenting documents that were forged.

The waiver is filed after the refusal of the visa. The multiple filer waiver for the I-129F petition is very different than an I-601 waiver for a visa applicant.

[SB5130 88]

2 hours ago, TNJ17 said:

Well, she lied about not being married. It’s as simple as that. Whatever visa you two apply for now, you will need a waiver. And you’ll probably need a waiver for multiple filings too.

Agree. As a Filipina myself, marriage is a very complex process in Philippines. There are lots of requirements to get a marriage license such as parent's consent if you are 18 to 21 years old. Therefore, I don't believe in the statement that "I don't know that I have been legally married all these time". The marriage related paperworks didn't mystically appeared on the NSO Office. They were filed. Both parties (husband and wife) have to signed them. I don't want to draw conclusions but to me, it seems like a fixer was used because she knew she is married and that she won't be able to get a cenomar the right way. I think it is a valid misrepresentation.  Regardless, mistakes are made and consequences are dealt. I concur on getting an immigration lawyer since overcoming a misrepresentation bar is not a DIY process. 

 

3 hours ago, TNJ17 said:

 She needs to get divorced before you can try again. I think your best option is to get her divorced, final and legal and official, then go over there, get married and apply for CR1. 

For this part... Divorce isn't legalized in PH (in fact, only country in the world who still doesn't legalize divorce). So annulment is the more appropriate approach... which they already did. As noted by the OP, she is already annulled. 

[Boiler 45,527]

I doubt anybody believes the I did not know I was married bit.

[LoveTakesOver 100]

59 minutes ago, Boiler said:

I doubt anybody believes the I did not know I was married bit.

Did he know that she was or is married when he met his Fiancé in the Philippines? Because if he did, then he should know the consequences he is getting into. He knows that divorce is not legal in the Philippines.

 

Secondly, did the fiancé hid the fact to him that she was married but not sure if it's annulled when they first met? 

 

Third, why didn't she take care of the problem when she was 17 if there was a discrepancy in the marriage that it should be annulled. Why did the fix when she first applied for K1? 

 

He definitely need to consult with top rated lawyer, or else find a new fiancé 😂😂😂

[notantifun 196]

11 hours ago, LoveTakesOver said:

He definitely need to consult with top rated lawyer, or else find a new fiancé 😂😂😂

It is ridiculous to believe her claim that she didn't know the marriage was legal. For me the lying is the biggest and reddest flag here. It's being waved on OP's face.

[Cyberfx1024 7,980]

12 hours ago, LoveTakesOver said:

Did he know that she was or is married when he met his Fiancé in the Philippines? Because if he did, then he should know the consequences he is getting into. He knows that divorce is not legal in the Philippines.

Secondly, did the fiancé hid the fact to him that she was married but not sure if it's annulled when they first met? 

Third, why didn't she take care of the problem when she was 17 if there was a discrepancy in the marriage that it should be annulled. Why did the fix when she first applied for K1? 

He definitely need to consult with top rated lawyer, or else find a new fiancé 😂😂😂

He already admitted that she is NOW annulled after trying the K1 process originally.

[Mapan 3]

On 3/1/2018 at 4:43 PM, Boiler said:

.

 

Not sure why you did not have the waiver ready to go after the interview.

I wasn't aware that I needed the waiver as I was never told we needed to file for one after the first denial.

[Mapan 3]

I'm quite amazed that with everything that has happened and coming here for some advice, I get to read all of the comments people think they have to make beyond any advice given. As if we aren't hurting enough already, all of the "special comments"  added don't help, didn't care for all the extra comments 4 years ago and didn't come back for advice, this is her account. She made her mistakes in her younger years and now is suffering the consequences and she is well aware that there may never be a path for her to America because of it. I'm sure we've all made our share of mistakes in life and been given another chance, I'm willing to do the same for her.

The annulment was completed in January of 2016 as we knew there is no divorce in the Philippines, we waited to make sure it was registered with the PSA/NSO before we applied again, not knowing we needed the waiver. I plan on filing the waiver and talking to an immigration lawyer when i get back to the states.

 

For those of you who offered advice, we greatly appreciate it and hope we can get the issues resolved, one way or the other.

For those of you that are here looking for advice on your visa issues, we wish you the best of luck and hope it all works out for you.

 

John & Marie

 

[MacUK 983]

On 01/03/2018 at 8:32 PM, Mapan said:

 I'm not moving to the Philippines, so that option is out.

 

So, what are you going to do if she can't get a waiver?

[Mapan 3]

20 hours ago, MacUK said:

 

So, what are you going to do if she can't get a waiver?

At this point,  I have no idea.

[DAWme 5]

On 3/4/2018 at 10:27 AM, Mapan said:

At this point,  I have no idea.

I know it has been a while since your last post, but I was wondering if you were ever issued a visa?

[Ontarkie 14,227]

~~Zombie thread locked to further to replies. Please do not hijack any other threads for your own questions.~~