K1 Visa Interview Crazy situation

[Charlesvb12 61]

Hey guys, so my fiance went for her K1 interview this morning. I came to this website about 16 months ago trying to get some info on my immigration situation. My fiance lived in the US illegally by coming across the border with her mother when she was 11 years old. She came thru Texas and was caught had a deportation hearing court date set that she never went to as they continued there way to New Jersey. She lived in the US for 11 years, went to school in the states all the way thru college. When the DACA program became available she applied and was excepted. By the time she got it she was 19-20 years old. She also had gotten one DUI in the US that was later expunged. That is a brief back drop of her history. All that being said we were under the assumption we would get to the K1 Interview and then need the 601 waiver. We talk to many lawyers who had said the same and our community on this site also thought the same. We were completely truthful about everything from the DS160 and at the interview today. The Interviewer knew her entire history and she was not hiding anything. It was a long interview and the he said he was granting her the visa after we fix one hiccup with her Medical exam. She even asked about the 601 waiver and if she needs it because we dont want to get to customs and be denied. The interviewer said that because she had gotten DACA and even though it was approved at 20 years old so she would have accumulated two years of illegal presence which would lead to a 10 year ban. That the DACA basically waives her 10 year ban and she is eligible for the visa without a waiver... I dont know if anyone has heard of this before, we are in shock with excitement but also still nervous because we were sure she needed the waiver. Does anyone have any knowledge about this?

[Crazy Cat 42,621]

8 minutes ago, Charlesvb12 said:

That the DACA basically waives her 10 year ban and she is eligible for the visa without a waiver...

I would suggest you get this in writing.........I don't think this is true....

Edited March 6, 2018 by missileman

[cyclone27 710]

If she is already in US why would you have a K1 interview? K1 interviews and visas issued are done abroad in foreign countries.

[Charlesvb12 61]

My fiance had mentioned the 601 waiver at least 5x to the guy who consulted with other people numerous times during the interview and he continued to tell her that she does not need the waiver. She said that she asked so many times she was ready for the guy to ask if she even wants the visa.

2 minutes ago, cyclone27 said:

If she is already in US why would you have a K1 interview? K1 interviews and visas issued are done abroad in foreign countries.

She moved back in 2015

[Crazy Cat 42,621]

1 minute ago, Charlesvb12 said:

My fiance had mentioned the 601 waiver at least 5x to the guy who consulted with other people numerous times during the interview and he continued to tell her that she does not need the waiver. She said that she asked so many times she was ready for the guy to ask if she even wants the visa.

She moved back in 2015

Where was this K-1 interview done?

[Ben&Zian 4,398]

Did she leave with appropriate documentation like AP? As far as I know, even with DACA, if you leave without that paperwork you automatically trigger the ban as you violated the "rules" of DACA.

 

Eseentially you vacated it and, well "self deported".

Edited March 6, 2018 by Ben&Zian

[geowrian 22,338]

Agreed...DACA does not grant any forgiveness or negate the unlawful presence. Furthermore, I would assume she had a deportation order issued since she skipped out on her court hearing. That requires a waiver in itself.

 

Indeed...very odd. I mean, I would assume the CO knows the details of the case better than anybody here. But something isn't adding up. Please keep the thread updated.

[Charlesvb12 61]

Yea we are still confused, I know our case and we were sure she needed a waiver. She did left via Voluntary Departure and even showed him the paperwork of the Voluntary Departure. I believe if you get daca by 18 years old and then decide to leave you do not have a ban on you if you apply for a visa from what I have read. But she didnt get the DACA until 19-20 years old. I dont know what to do.. She said she continued to ask him if he was sure she did not need a waiver, the interviewer left the interview 3x to consult with whoever in another room about the situation. And continued to come back and reiterate that the DACA absorbs the year and half she was there illegally and she absolutely does not need any waiver. They kept her passport and all her documents told her she will get an email from the medical Dr. to clear up what needs to be fixed and when the consulate receives that from the Dr. They will mail her passport with the visa.. 

[Charlesvb12 61]

We are in shock because its not like we were trying to hide that she was in the US or anything they knew everything and she was completely open about it.

[Crazy Cat 42,621]

6 minutes ago, Charlesvb12 said:

We are in shock because its not like we were trying to hide that she was in the US or anything they knew everything and she was completely open about it.

I hope it all works out in your favor......Good luck!!

[TNJ17 1,329]

Hmmm, that’s weird. What was the outcome of the interview? Did they keep your passport? Did they say you were approved or ask for more information? Usually during your interview you find out whether you are approved or not on the spot. 

[Charlesvb12 61]

She had one issue with her medical that needs to be fixed... At the end of the interview he kept her passport and docs.. handed her the 221g form to re visit medical. He said the Dr will contact her within 7 days if he doesnt to call. She will either have to go back and re do it or the Dr. will fix it without her having to go. He said once that is done the Dr. will send it to them and they will send my fiance her passport with visa inside. that she is approved and once that is fixed will get visa and passport.

[Boiler 46,316]

Any reason you did not do a 601A?

[Californiansunset 336]

Without knowing much about DACA, I wouldn't celebrate the visa approval just yet. The CO will still have to fix up the papers and see whether the approval complies with all immigration laws etc. If he finds out that what he said was wrong he can still deny it. Once the status online changes to approved, you should be good. I know this out of own experience. The CO who interviewed me also said I was approved but that "he still needs to sit down in the afternoon and see whether everything complies with the immigration laws blabla so that I won't have problems when I adjust status." So I guess with a bit more complicated cases they sit down later after the interview and look immigration rules and laws up and that is when it sometimes happens that people, who originally were told that they are approved, all of a sudden get denied. Fingers crossed that everything looks good and will be approved!

 

 

[Charlesvb12 61]

7 hours ago, missileman said:

Where was this K-1 interview done?

Brazil Rio Consulste