when to file waiver

[Nkeasterling44 1]

I filed a 130 spousal visa. We previously filed for fiance visa and it was denied due to a criminal charge on my now husband's record. They checked at the bottom of the page, inadmissible not eligible for a waiver. We went ahead with the marriage because what else is there to do? A lawyer reviewed the paperwork for his criminal charge and advices us to file marriage visa and a waiver but I'm not sure when to file. We have filed our 130 and received approval. I'm not sure if I should have filed the waiver with the 130 or should I file it before or after the interview?? Please help.!!

[Unlockable 7,315]

7 minutes ago, Nkeasterling44 said:

I filed a 130 spousal visa. We previously filed for fiance visa and it was denied due to a criminal charge on my now husband's record. They checked at the bottom of the page, inadmissible not eligible for a waiver. We went ahead with the marriage because what else is there to do? A lawyer reviewed the paperwork for his criminal charge and advices us to file marriage visa and a waiver but I'm not sure when to file. We have filed our 130 and received approval. I'm not sure if I should have filed the waiver with the 130 or should I file it before or after the interview?? Please help.!!

What were the criminal charges? Some crimes do not qualify for waivers. US government is very strict on immigrating people with certain criminal history.  

[HoosierEh 21]

Hi,

 

Don't worry, you could not have filed for a waiver at the same time of the 130 because the embassy didn't tell you you could.  

 

Think of it as an invitation to file for a waiver and they let you know which ones are needed and why after the interview. 

 

In the meantime it's okay to start writing and collecting what you will need if they allow you to apply for a waiver but my advice is to do so knowing that your circumstances are yours (his history and offense is private I respect that) and he might be denied the option of filing a waiver. 

 

Good luck 

 

 

[Nkeasterling44 1]

The crime originally was "Murder Crime in Association". It was then reduced "offense of threatening with using the are". This occurred in 2012. I was wondering if the rules are different for married vs. fisnce eligibility of a waiver.

[Villanelle 4,122]

Can you clarify? Maybe it was a typo? threatening with using the "are". Is ARE an abbreviation?

[HoosierEh 21]

2 hours ago, Nkeasterling44 said:

The crime originally was "Murder Crime in Association". It was then reduced "offense of threatening with using the are". This occurred in 2012. I was wondering if the rules are different for married vs. fisnce eligibility of a waiver.

Hi, 

Well you're married and the I130 is clear on that because it's not for engaged people. A waiver is a waiver, regardless of fiance, married or mom and dad the waiver process is burden on you both now to provide evidence the consulate wants. 

 

I would be concerned that the consulate said he was not eligible for one and your lawyer believes that you can. Please let us know how things progress and if you get the chance to file for a waiver. 

 

Best of luck 

Cheers

[Villanelle 4,122]

There are some waivers available to spouses of USCs that are not available to fiances since a spouse is considered an immediate family member and a fiance is not.

[Nkeasterling44 1]

I believe the lawyer said he is eligible because he was not found guilty, the charges were reduced to threatening. I also have extreme hardship which he said could help. I take care of my elderly mother, my son is disabled and requires a special school, my son has a service dog, I suffer from mental illness and require medications and psychiatric monitoring and treatment. None of us speak Arabic which is why I cannot relocate my family there. My disabled son's father lives in USA. 

[HoosierEh 21]

9 hours ago, Nkeasterling44 said:

I believe the lawyer said he is eligible because he was not found guilty, the charges were reduced to threatening. I also have extreme hardship which he said could help. I take care of my elderly mother, my son is disabled and requires a special school, my son has a service dog, I suffer from mental illness and require medications and psychiatric monitoring and treatment. None of us speak Arabic which is why I cannot relocate my family there. My disabled son's father lives in USA. 

Hi, 

 

Okay I understand now. So what's going to happen is you and the lawyer are going to prepare to submit a waiver. Your husband is going to go to his consular interview and be denied but hopefully with an invitation to apply for the waiver. 

 

Of course you have to prove hardship and it sounds like you have circumstances that would crush even someone like me.  Just do your best to stay positive, for everyone, it's a long road ahead but given the chance how can you not take it! 

 

Good luck 

[Nkeasterling44 1]

I just wanted to give an update. My I 130 has been sent to the Embassy in Jordan. I saw a bro bono lawyer who actually told me I have no chance of getting the visa for my husband for the simple fact that he has this arrest record. I spoke with the original attorney I first spoke with who said if he has not been convicted or plead guilty, he IS ELIGIBLE  for a waiver. This was what I was thinking because it clearly states "conviction". No where in the police report does it say convicted or guilty....this is the main problem. I also believe I was correct when I said he was deemed not eligible for a waiver when we filed for the fiance visa whereas now he is the spouse and considered family. is this correct? 

[Boiler 46,251]

There is no difference as far as waivers are concerned between spouse and fiancee, still not clear what he did, what he was charged with what he is convicted of.

[Nkeasterling44 1]

So I have since figured out why they said no waiver was available when we first filed. When we filed under the fiance visa he was not eligible for the waiver. Now we are married. Being married he is considered a relative and therefore eligible for a waiver. 

[Boiler 46,251]

Waivers also apply to Fiancee's.