1601--Can we marry while we await decision??

[RhondaM 0]

Hi anyone? everyone? I'm new on this forum. Just registered this weekend. I wish I had known this forum existed before because I would have consulted it sooner. I don't even know how to get started. I want to do the timeline, etc, but don't know where everything is located yet on the site.

My name obviously is Rhonda and my fiance is French. He had visited me several times in the US in 2005 but in March 2006 after returning to the US from a trip together he was stopped at O'hare and sent back. In July of 2006 he started the paperwork for his K-1 fiance visa. In November of 2007 we received his approval and in February 2007 he was called for his interview in Paris. He was told to expect his visa in two weeks. Then a call from the embassy asked for additional paperwork which we supplied. At that second appointment in Paris he was told he was denied and would have to fill out I 601 and I212. He was judged "unlawful presence" in the US--not for overstaying in the US, but we had made a trip to Canada and they said he was attempting to immigrate without the correct visa. Now our 70 page document for I 601 has been received in Rome and the waiting game continues. Does it really take 180 days????? What is the approval rate for Rome? I do have "hardships" that I hope that I have well documented. At least I hope they think they are acceptable hardships.

I have a question--and my lawyer (who is dumbfounded about the "unlawful presence" thing--that he never anticipated) has not been able to answer for me. I am going to France this June to spend time with my "cheri". We put in all the paperwork to marry there this June, because WE WANT TO GET MARRIED and had already thought we would be. But I'm afraid if we marry it will jeopardize the K-1 visa if his waiver is approved. But if the unthinkable happens and it isn't approved, I think marrying there is a good idea so we can restart a different visa.

Does anyone have an experience with this? How do you all get through the rollercoaster of emtions involved in waiting? I'm going crazy or at least I think I am. I've traveled to france last June, October, this March and again in one month. IT is so hard to be separated.

Thanks for reading my post and for any help you may be able to give me.

[Minya's wife 25]

Hi anyone? everyone? I'm new on this forum. Just registered this weekend. I wish I had known this forum existed before because I would have consulted it sooner. I don't even know how to get started. I want to do the timeline, etc, but don't know where everything is located yet on the site.

My name obviously is Rhonda and my fiance is French. He had visited me several times in the US in 2005 but in March 2006 after returning to the US from a trip together he was stopped at O'hare and sent back. In July of 2006 he started the paperwork for his K-1 fiance visa. In November of 2007 we received his approval and in February 2007 he was called for his interview in Paris. He was told to expect his visa in two weeks. Then a call from the embassy asked for additional paperwork which we supplied. At that second appointment in Paris he was told he was denied and would have to fill out I 601 and I212. He was judged "unlawful presence" in the US--not for overstaying in the US, but we had made a trip to Canada and they said he was attempting to immigrate without the correct visa. Now our 70 page document for I 601 has been received in Rome and the waiting game continues. Does it really take 180 days????? What is the approval rate for Rome? I do have "hardships" that I hope that I have well documented. At least I hope they think they are acceptable hardships.

I have a question--and my lawyer (who is dumbfounded about the "unlawful presence" thing--that he never anticipated) has not been able to answer for me. I am going to France this June to spend time with my "cheri". We put in all the paperwork to marry there this June, because WE WANT TO GET MARRIED and had already thought we would be. But I'm afraid if we marry it will jeopardize the K-1 visa if his waiver is approved. But if the unthinkable happens and it isn't approved, I think marrying there is a good idea so we can restart a different visa.

Does anyone have an experience with this? How do you all get through the rollercoaster of emtions involved in waiting? I'm going crazy or at least I think I am. I've traveled to france last June, October, this March and again in one month. IT is so hard to be separated.

Thanks for reading my post and for any help you may be able to give me.

If your waiver is not approved by the time you travel to France....and you want to continue the K-1 process, you should not get married! Your marriage will negate the K-1 visa application (which is only for fiancees) in essence putting you back to square one. The pending visa application cannot be "transferred to a spousal visa, you have to start all over and send a petition to USCS for your spouse. Also, if he was deemed to necessitate a waiver for "unlawful presence" that would also come up at any subsequent immigrant visa applications. Waivers are applied for and/or granted for each case at hand....its not a blanket waiver.....it is for the K-1 visa, does not transfer to another visa.

Good luck!

-P

[kitkat1 5]

If your waiver is not approved by the time you travel to France....and you want to continue the K-1 process, you should not get married! Your marriage will negate the K-1 visa application (which is only for fiancees) in essence putting you back to square one. The pending visa application cannot be "transferred to a spousal visa, you have to start all over and send a petition to USCS for your spouse. Also, if he was deemed to necessitate a waiver for "unlawful presence" that would also come up at any subsequent immigrant visa applications. Waivers are applied for and/or granted for each case at hand....its not a blanket waiver.....it is for the K-1 visa, does not transfer to another visa.

Really good advice. Do NOT marry now. Not because of the waiver itself but because you will start all over with a spousal visa and then the waiver again.

I would also read through the various 601 waiver memos floating around (try www.visacentral.net and immigrate2us.net in the 601 waiver forum) to see if you hardships look strong enough. If you feel they are not, you should submit an additional letter and evidence.

BTW, why did he need a 212? That is for deportation?

Good luck.