I-212 waiver with K-1 visa

[DA102 0]

I am getting ready to file for K-1 visa. My fiance has been found inadmissable and has a 5 yr ban but has not been charged with fraud. I need to know where the waiver is filed: at the USCIS or the Embassy in his home country? 

 

 

[Cyberfx1024 7,980]

8 minutes ago, DA102 said:

I am getting ready to file for K-1 visa. My fiance has been found inadmissable and has a 5 yr ban but has not been charged with fraud. I need to know where the waiver is filed: at the USCIS or the Embassy in his home country? 

 

 

Why exactly was he given a 5 year ban?

[Unlockable 7,316]

Some bans don't have a waiver and will require the person to wait out the ban. What is the ban is it for?

[DA102 0]

Spoiler

Spoiler

 

 

He was under the suspicion of violating his B1/B2 visa terms by working. Based off of one photo found in his phone. 

[Going through 5,671]

20 minutes ago, DA102 said:

I am getting ready to file for K-1 visa. My fiance has been found inadmissable and has a 5 yr ban but has not been charged with fraud. I need to know where the waiver is filed: at the USCIS or the Embassy in his home country? 

 

 

Without more information from you (the reason for ban, the  exact numbers/letters on fiance's paperwork after interview), I can only give a generic answer.

 

Generally, the i-212 waiver is applied for at the US consulate where they reside.

[DA102 0]

8 minutes ago, Going through said:

Without more information from you (the reason for ban, the  exact numbers/letters on fiance's paperwork after interview), I can only give a generic answer.

 

Generally, the i-212 waiver is applied for at the US consulate where they reside.

I just added it above. He was under the suspicion for violating his visa B1/B2 visa terms based off of one photo found on his phone. 

 I'm gathering the paperwork for the I-129 petition. I know that I need to file the waiver. I am just confused where the waiver is filed? And is it filed together with the petition or at the time of the visa interview at the embassy in his homeland? 

 

Edited May 7, 2018 by DA102
missing info

[Going through 5,671]

18 minutes ago, DA102 said:

I just added it above. He was under the suspicion for violating his visa B1/B2 visa terms based off of one photo found on his phone. 

 I'm gathering the paperwork for the I-129 petition. I know that I need to file the waiver. I am just confused where the waiver is filed? And is it filed together with the petition or at the time of the visa interview at the embassy in his homeland? 

 

Was he given any paperwork afterwards?  What are the letters and numbers written on that---for example INA 212(a)(9)(B) ?

[DA102 0]

20 minutes ago, Going through said:

Was he given any paperwork afterwards?  What are the letters and numbers written on that---for example INA 212(a)(9)(B) ?

Yes, he was given copies of the Q&A. If I am reading this correctly it says " 212(a)(9) of the Act"

Edited May 7, 2018 by DA102

[Going through 5,671]

2 hours ago, DA102 said:

Yes, he was given copies of the Q&A. If I am reading this correctly it says " 212(a)(9) of the Act"

There should be a letter after the number 9.

 

 

Edited May 8, 2018 by Going through

[geowrian 22,338]

Kind of odd for them to even be checking his phone unless they had suspicion of something already. Checking the phone is more or less a way to confirm what they already believe.

 

Sounds like an expedited deportation. Usually they will let you do a voluntary withdrawal of application first, but if somebody is hesitant to do so or they believe they are being evasive, they may be more likely to do the expedited deportation path instead.

 

The I-212 is filed in the US. It must be filed in conjunction with a visa application. In the case of a K-1, it would be filed after the embassy interview and when he is otherwise eligible of the visa. At that point it will be refused due to the bar, and the refusal letter will include if a waiver can be filed.

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

Applicant for K or V nonimmigrant visa under INA section 101(a)(15)(K) and (V) You may request consent to reapply for admission to the United States after you have attended your visa interview at a U.S. consulate and after a consular officer has found you inadmissible.

USCIS Phoenix Lockbox For U.S. Postal Service (USPS): USCIS P.O. Box 21600 Phoenix, AZ 85036 For FedEx, UPS, and DHL deliveries: USCIS ATTN: 212 1820 E. Skyharbor Circle S, Suite 100 Phoenix, AZ 85034

8 CFR 212.2

USCIS Nebraska Service Center

Edited May 8, 2018 by geowrian