K1 fiancé visa denied

[NishaJones 1]

Unfortunately the visa was denied 

i have consulted with 2 lawyers, 1st lawyer said filing for a waiver may be difficult since we are not married, the second said we should file a waiver and it doesn’t matter we are not married, but he charges $10,000. Friends, family suggest we marry and I refile petition, chances are we may still have to file a waiver but at least he is will be my legal spouse. I have attached the denial letter. Thank you all for any advise. We are hopeful we can overcome this. Btw this stems from an arrest in 2012 for smoking weed, he had to pay a $20 fine in Jamaica pffff. 

Edited September 27, 2019 by NishaJones

[geowrian 22,337]

* Moved from K-1 Progress Reports to Waiver & AP forum *

 

You qualify for the same waiver as a spouse. Marrying and refiling will result in a refusal for the same reason - an inadmissibility doesn't just go away.

My suggestion is to do the waiver now. The $10k figure seems quite high IMO...I'll defer to others, but a few thousand dollars (+ the ~$1000 waiver filing fee) seems more than sufficient. The attorney is not going to be spending a full week on just your case...while a good waiver case is important, it's likely a matter of hours, not week(s), of actual effort on his/her part. Shop around.

Edited September 27, 2019 by geowrian

[Boiler 45,553]

I am not aware of any measurable difference between a K1 and a Cr1 waiver.

[Pinkrlion 2,724]

Contact Atty Lizz Cannon - http://www.lizzcannonlaw.com/en/

 

Many of JA couples have used her as their lawyer in the same situations and were successful with a waiver approval, and immigration.  I know that it is no longer criminalized in JA for a small amount, however, at the time he was convicted, it is still a serious charge for immigration purposes.  

 

Regardless of if you marry, you will need to hire her, and she is not cheap.  Your only other option is to move to JA!

[NishaJones 1]

40 minutes ago, Pinkrlion said:

Contact Atty Lizz Cannon - http://www.lizzcannonlaw.com/en/

 

Many of JA couples have used her as their lawyer in the same situations and were successful with a waiver approval, and immigration.  I know that it is no longer criminalized in JA for a small amount, however, at the time he was convicted, it is still a serious charge for immigration purposes.  

 

Regardless of if you marry, you will need to hire her, and she is not cheap.  Your only other option is to move to JA!

Thank you so much, I called her what a cool lady. She is charging half of what other lawyers are charging!!!!! We are starting today. You are a blessing. Thank You

[Pinkrlion 2,724]

6 hours ago, NishaJones said:

Thank you so much, I called her what a cool lady. She is charging half of what other lawyers are charging!!!!! We are starting today. You are a blessing. Thank You