help! don't know whether I need to file form i-601 or not?

[Boiler 46,276]

Think my one did, they just extend them, I had no need for a waiver.

[Ban Hammer 13,656]

duplicate topics merged.
do not create multiple topics on the same subject.

[tim_hwv 0]

14 hours ago, NikLR said:

You can answer yes, explain what happened and let the chips fall where they may.  An I-601 can only be filed after the denial at interview as far as I understand (but I may be wrong.)  Because you're seeking a K1, the petition will die before the I-601 could possibly be adjudicated.  It may not, but as I-129F have a shelf life, if the US consulate in Montreal doesn't keep it alive, you'd have to repeat the process anyhow.

 

A CR1 in your case would have been a better option.

 

Keep in mind that you were entitled to nothing.  Visiting anywhere, is a privilege not something anyone is entitled to.  The only thing you are entitled regarding immigration is to is entry into Canada as a Canadian citizen. 

 

I can't see that information being material misrepresentation however because you didn't provide any false information that you were attending a grad program, the CBP merely took you at your word.  Willful, yes, material, not imho.  But I'm not a lawyer. 

You're right, "entitled" isn't the right word -- I realised when I was reading over the post again that that is not the right way to think about it. I was just feeling a bit indignant about it as I had no desire to immigrate illegally. As well as stressed.

 

I should have edited my post a bit more, but I was unable to continue editing it -- seems like there's only a brief window in which that's possible before the post is locked out.

 

12 hours ago, Boiler said:

I fa I 601 is needed, you will not know until the interview you can file as a K1 as well as as a CR1, that makes no difference.

I have gotten the impression from reading a few other threads about the i-601 that there is a marginal advantage to CR-1 status, as it means that we are considered to be members of the same family and that opens up certain lines of appeal that wouldn't be available to engaged people -- I'm not really sure that I've got this right, though. But that might be the basis of what NikLR was saying.

 

11 hours ago, NikLR said:

The NOA2 as a K1 won't expire? 

 

10 hours ago, Boiler said:

Think my one did, they just extend them, I had no need for a waiver.

We've been wondering this as well -- if form i-601 is needed, will another i-129f be required, or will USCIS hold the current i-129f until the i-601 is adjudicated?

 

And thank you very much for the discussion.

Edited August 26, 2018 by tim_hwv

[tim_hwv 0]

6 hours ago, Ban Hammer said:

duplicate topics merged.
do not create multiple topics on the same subject.

Sorry about this, I wasn't really sure if it was alright. Thanks for sorting it out.

 

(And sorry about the double post, I was trying to add this to my previous but ran out of time for an edit.)

[Boiler 46,276]

18 minutes ago, tim_hwv said:

You're right, "entitled" isn't the right word -- I realised when I was reading over the post again that that is not the right way to think about it. I was just feeling a bit indignant about it as I had no desire to immigrate illegally. As well as stressed.

 

I should have edited my post a bit more, but I was unable to continue editing it -- seems like there's only a brief window in which that's possible before the post is locked out.

 

I have gotten the impression from reading a few other threads about the i-601 that there is a marginal advantage to CR-1 status, as it means that we are considered to be members of the same family and that opens up certain lines of appeal that wouldn't be available to engaged people -- I'm not really sure that I've got this right, though. But that might be the basis of what NikLR was saying.

 

 

We've been wondering this as well -- if form i-601 is needed, will another i-129f be required, or will USCIS hold the current i-129f until the i-601 is adjudicated?

 

And thank you very much for the discussion.

If there is any difference between success rates CR1 vs K1 I have never seen it.