Jump to content
karlmalowned

K-1 and 212 CTR (no waiver needed) confusion

 Share

12 posts in this topic

Recommended Posts

Hello everyone,

 

I have been trying to find answers similar to my case below, but the more policy that I read the more confused I become. I am hoping that someone is able to guide me down the right path.

 

Background:

My girlfriend was subject to expedited removal last year, with the following:

212(a)(7)(A)(i)(I) - intending immigrant not in possession of immigration visa. She had a tourist visa, they suspected immigration intent. No overstay occurred.

212(a)(9)(A)(i)(I) - because she was subject to expedited removal.

 

Our I-129F was just approved last week. I know that consent to reapply is needed in order to eventually obtain a K-1 visa. However, even though the K-1 is a "nonimmigrant" visa, I see a bunch of special provisions for it to be treated as an immigrant visa. Since that's the case, she does not need to overcome the inadmissibility if 212(a)(7)(A)(i)(I). Assuming that a later inadmissibility is not found, she would just need to obtain consent to reapply.. correct?

 

According to the USCIS Policy Manual (Part 9A Chapter 2): https://www.uscis.gov/policy-manual/volume-9-part-a-chapter-2 

"C. Consent to Reapply

Permission to reapply for admission into the United States after deportation or removal, also known as “consent to reapply,” is not a waiver. [3] Consent to reapply is a distinct remedy that permits a foreign national to seek admission. If the statute specifies that the foreign national must obtain consent to reapply to overcome the inadmissibility, a waiver of inadmissibility is not a substitute for consent to reapply. [4] "

 

If so, will her visa be denied with "no waiver eligible", or will the consular officer accept the 212 form for CTR after her visa interview?

 -- if the consular officer does, will this be adjudicated at Nebraska or the field office that has jurisdiction over her removal proceedings?

 

Should she apply for CTR with the USCIS field office now even though she is a K immigrant visa applicant?

 -- or alternately, should it be filed now at the Phoenix lockbox?

 

I'm really confused on how exactly the form is adjudicated, and how CTR is processed if no waiver of an inadmissibility is required. I appreciate the time anyone spends looking at this.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

Does an expedited removal automatically incur a 5 year ban?

@geowrian  @Boiler

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

8 minutes ago, missileman said:

Does an expedited removal automatically incur a 5 year ban?

@geowrian  @Boiler

Yup


Edit: A standalone I-212 can be filed now, though. No need for waiting until after the interview.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

So... you applied for a fiance visa? you said your girlfriend... this has no matter in sense with her overstay/removal... 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
3 minutes ago, geowrian said:

Edit: A standalone I-212 can be filed now, though. No need for waiting until after the interview.

OK.  Thanks.....That was where my next question was headed......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

13 minutes ago, geowrian said:

Yup


Edit: A standalone I-212 can be filed now, though. No need for waiting until after the interview.

Okay, so should the "standalone" be filed with the USCIS office that has adjudication? Or should this be filed at the Lockbox since she is technically a K visa applicant (or will be shortly)?

Link to comment
Share on other sites

Wow I'm an idiot.. there was a thread on this a few weeks ago. I should check on here more often:

 

missileman and geowrian , you are both doings God's work based on responses I have seen. Thank you. And apologies for not seeing this before I posted the question.

Edited by karlmalowned
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
10 minutes ago, karlmalowned said:

Wow I'm an idiot.. there was a thread on this a few weeks ago. I should check on here more often:

 

missileman and geowrian , you are both doings God's work based on responses I have seen. Thank you. And apologies for not seeing this before I posted the question.

Thank you for pointing out that thread.  I had not seen it earlier....and I learned some things from reading it......Best of luck on your journey.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

16 hours ago, karlmalowned said:

Hello everyone,

 

I have been trying to find answers similar to my case below, but the more policy that I read the more confused I become. I am hoping that someone is able to guide me down the right path.

 

Background:

My girlfriend was subject to expedited removal last year, with the following:

212(a)(7)(A)(i)(I) - intending immigrant not in possession of immigration visa. She had a tourist visa, they suspected immigration intent. No overstay occurred.

212(a)(9)(A)(i)(I) - because she was subject to expedited removal.

 

Our I-129F was just approved last week. I know that consent to reapply is needed in order to eventually obtain a K-1 visa. However, even though the K-1 is a "nonimmigrant" visa, I see a bunch of special provisions for it to be treated as an immigrant visa. Since that's the case, she does not need to overcome the inadmissibility if 212(a)(7)(A)(i)(I). Assuming that a later inadmissibility is not found, she would just need to obtain consent to reapply.. correct?

 

According to the USCIS Policy Manual (Part 9A Chapter 2): https://www.uscis.gov/policy-manual/volume-9-part-a-chapter-2 

"C. Consent to Reapply

Permission to reapply for admission into the United States after deportation or removal, also known as “consent to reapply,” is not a waiver. [3] Consent to reapply is a distinct remedy that permits a foreign national to seek admission. If the statute specifies that the foreign national must obtain consent to reapply to overcome the inadmissibility, a waiver of inadmissibility is not a substitute for consent to reapply. [4] "

 

If so, will her visa be denied with "no waiver eligible", or will the consular officer accept the 212 form for CTR after her visa interview?

 -- if the consular officer does, will this be adjudicated at Nebraska or the field office that has jurisdiction over her removal proceedings?

 

Should she apply for CTR with the USCIS field office now even though she is a K immigrant visa applicant?

 -- or alternately, should it be filed now at the Phoenix lockbox?

 

I'm really confused on how exactly the form is adjudicated, and how CTR is processed if no waiver of an inadmissibility is required. I appreciate the time anyone spends looking at this.

yes, you will need a waiver.

I just went through this process and I myself was put on expedited removal for the exact same Section and codes in 2017
I went through K1, it was approved then denied at interview this past February, We then filed the I-212 waiver to Phoenix lockbox in the end of Feb, shortly after the interview because I knew I would need the waiver. I prepared it before hand. 

You are seeking entry to renter with a visa, the waiver will allow them to readjust the k-1 that is denied at the interview. - it is considered a immigrant visa and you have a linking I-129f petition. It will be sent to NSC from phoenix and processed there. Then they will forward It to an office with jurisdiction.

 

I was just approved for my waiver last week.. now then k1 visa will be issued, so I am just waiting on the approval letter and documents to send to my embassy.

I have gone through this. but in regards to the Consular, they may ask you for a 601, but I doubt it. 

Link to comment
Share on other sites

Thank you very much Leeahh.

 

It seems to me that they want you to wait to file the 212 CTR until after the visa interview in case additional problems are found by the consular officer. That way you can submit a 212 and <insert waiver request here> if needed, in which case the adjudication would occur at Nebraska instead of the field office with jurisdiction over the expedited removal (and you don't waste your money). 

 

I think that since she has technically not "applied" electronically for the K-1, and that the I-129F is approved, I can submit the 212 CTR directly to the field office now, while still referencing the approved petition. But I'm a bit worried about doing that (in case someone feels I'm overstepping their authority or something).

 

Anyway, this forum has given me more answers and hope than any lawyer I have talked to. I will be forever grateful to this place.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

212 is definitely needed, anything else impossible to say.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...