I-212 first or K1 first?

[Marbar012 0]

My gf is from Russia and we met online in July 2017. She already had previously traveled twice to the US before i met her with a tourist visa. In November 2017 her family was going to travel to L.A. for a vacation. Since she was going to be in the US we decided she would take a flight to Miami where i was and meet before leaving to her country. Her stay was for 2 weeks and everything went well and she returned to Russia. Our relationship after her visit escalated and we decided she would come back Jan of 2018 to visit again. On this trip she would stay the legal 6 months. She provided all documentation of her flight record, her bank statements showing she had enough money for her long trip and saying she was to stay with me. Towards the end of our trip our feelings had escalated once again and we started to talk about marriage. At that time i was not 100% sure and opted for her to go back to her country(June 2018 and did NOT over stay) to stay within the law and apply for a K1 visa after once i was sure. Money and work became an issue so the application and visitations had to be prolonged. In March of 2019 her sister and brother in-law were once again planning a trip to the states in L.A. and we both decided to meet in L.A.. I booked my trip and upon waiting for her in the airport along with her family who had flown in from the UK i got a message of "im being detained for questioning". What came next after waiting 10 hours was her visa had been revoked and immediate deportation. She got these documents:

 

"Pursuant to section 235(b)(1) DHS has determined that you are ineligible to the US under section 212(a)(7)(A)(i)(I) "You were found to have provided false employment information to obtain your visa".

You have been found to be inadmissible to the US under the provisions of section 212(a) of the immigration and nationality act or deported under the provisions of section 237 of the visa waiver pilot program violator. In accordance with the provisions of section 212(a)(9) of the act, you are prohibited from entering, attempting to enter, or being in the US for a period of 5 years."

 

The false employment allegation was due to the fact that she no longer worked at that job because it no longer existed. Therefore no way for it to be verified and it was her responsibility to change or update this. At least that's what was told to her verbally after interview by the officer . Furthermore  currently during this time she worked for her own and she was given bad advice to not update this information as self employment can bring up red flags in future visits of the US thinking she will be working while visiting. I also believe it had to do with the fact we talked about getting married and was documented on her phone even though only the "false employment information" is the only thing documented on her paper work. We were devastated at this news but we pushed on and decided to book another trip and met in Cuba of June 2019 and spent 3 weeks in which i proposed and we got engaged.

 

Since then we have saved some money and are now in the process of wanting to file for the K1 visa. But since she is now inadmissible im aware we have to do a waiver. So my questions is do we have to do the I-212 or the I-601 or both then the K1 or just one of the 2 then the K1 or in which order? This is the part that gets confusing. Ive been to 4 local immigration lawyers and everyone has a different answer. It kinda seems they all have doubt about what to do exactly and haven't done a case like mine but want money upfront then will research what to do. Reading in the forums ive kinda narrowed it down to 1-212 and the K1 visa but still confused on the order. I get the fact that her visa wasn't up to date(her fault) and yes they made the right decision to send her back so i agree with that. But now we are trying to just file the right paperwork, in the right order as we are both aware this is going to be a longer process because of this. We both have accepted this fact but still want to be with each other and proceed with the correct way.

 

Thank You!

[milimelo 4,508]

Waiver after she goes to interview, is refused and told to file (212 or 601). Why not get married and file spousal visa - with waiver after the interview- cheaper in the long run. 

[Marbar012 0]

21 minutes ago, milimelo said:

Waiver after she goes to interview, is refused and told to file (212 or 601). Why not get married and file spousal visa - with waiver after the interview- cheaper in the long run. 

Thank You for the response. A trip to Russia for US citizens is not cheap. Between visa, airfare, hotel and misc expenses comes out to $2500-$3000 from my own research. This does not include the marriage or the expenses that go with that in her country.

So when you say cheaper did you take this into consideration?

But the same i would like to know this process and the forms i need to fill out so i can evaluate the expenses and see which is actually cheaper. I know being married before holds a stronger case but other than this what would be the other benefits? I ask only to know all details and options that lay ahead.

 

If we stay the K1 route then they ask to do i-212 or i-601 what happens next after that? Any more forms or is she given another interview for the visa?

[Nat&Amy 623]

4 hours ago, Marbar012 said:

But the same i would like to know this process and the forms i need to fill out so i can evaluate the expenses and see which is actually cheaper. I know being married before holds a stronger case but other than this what would be the other benefits? 

There are multiple disadvantages to the K1 visa. It looks cheaper but consider that:

 

1. After arrival in the US, visa holder has to apply for Adjustment of Status, and the fee for that alone is 1225 USD. Today, that fee includes the application for travel document and work authorization but USCIS has plans to charge them separately in the future, and if that happens, you might as well add another USD 1000 (approximately) to the cost of the process.

 

2. Your fiancee will not be able to work for several months once she gets here, because after you guys get married and apply for AoS and work authorization, the wait is long (anywhere from 4 to 8 months). The fact that you will have to live in a single income for that long can lead to some serious financial trouble if you are on a tight budget.

 

3. I work as a travel agent and the cost you estimate for a trip to Russia to get married is a little bit excessive. Unless you are planning to stay in a fancy hotel, a short trip would cost you half of that. Also, forget about a big wedding party if money and time are the issue. Just go to a courthouse, get the documents you need, leave the big party for later. When you apply for a spousal visa, there are many advantages that come with it, but mainly your wife will be a permanent resident upon arrival in the US (no AoS) and she will be able to work and leave the country whenever she wants.

 

All things considered, a spousal visa is a superior option especially if you are thinking long term costs and benefits.

[aaron2020 11,651]

5 hours ago, Marbar012 said:

Thank You for the response. A trip to Russia for US citizens is not cheap. Between visa, airfare, hotel and misc expenses comes out to $2500-$3000 from my own research. This does not include the marriage or the expenses that go with that in her country.

So when you say cheaper did you take this into consideration?

But the same i would like to know this process and the forms i need to fill out so i can evaluate the expenses and see which is actually cheaper. I know being married before holds a stronger case but other than this what would be the other benefits? I ask only to know all details and options that lay ahead.

 

If we stay the K1 route then they ask to do i-212 or i-601 what happens next after that? Any more forms or is she given another interview for the visa?

Have you considered the cost of adjusting status and not being able to legally work for 6 months in the US by going the K-1 route?  Also, possibly not being able to drive for 6 months?

 

There's a cost beyond money.  There's the psychological cost of sitting around doing nothing for 6 months.  

[Marbar012 0]

1 hour ago, aaron2020 said:

Have you considered the cost of adjusting status and not being able to legally work for 6 months in the US by going the K-1 route?  Also, possibly not being able to drive for 6 months?

 

There's a cost beyond money.  There's the psychological cost of sitting around doing nothing for 6 months.  

Thank you for explaining. Its hard getting answers elsewhere. And yes that is a better benefit especially the permanent resident and  being able to work and travel right away. The issue of driving is not a big deal as she doesnt drive to begin with. So this would be the same process as the K1? Meaning We get married, file a I-130 then at her interview she will be asked to do a I-212 or I-601?

[aaron2020 11,651]

1 minute ago, Marbar012 said:

Thank you for explaining. Its hard getting answers elsewhere. And yes that is a better benefit especially the permanent resident and  being able to work and travel right away. The issue of driving is not a big deal as she doesnt drive to begin with. So this would be the same process as the K1? Meaning We get married, file a I-130 then at her interview she will be asked to do a I-212 or I-601?

The CR-1 spousal visa is a different process from the K-1, but similar in many aspects.  

 

The waiver would come in after her visa denial at her interview.  

[Marbar012 0]

2 minutes ago, aaron2020 said:

The CR-1 spousal visa is a different process from the K-1, but similar in many aspects.  

 

The waiver would come in after her visa denial at her interview.  

After the denial will they tell you which waiver to do or is this something we have to figure out ourselves? Also once waiver is submitted what is the process from there? Any more forms?

[Boiler 45,743]

Well you know you need an I 212, an I 601 unclear, the story is a bit garbled, there is no need or ability to keep up to date your current employment. I sort of assume the employment was when the application was made, and she seems to be able to travel a lot for someone employed.

 

So will they hot her with a Misrep? No way of knowing.

 

An I 212 can be filed at anytime. I 601 after the finding, last I heard I 601 was taking a year? Plus of course the waiver package takes some time to put together.

[Marbar012 0]

3 hours ago, Boiler said:

Well you know you need an I 212, an I 601 unclear, the story is a bit garbled, there is no need or ability to keep up to date your current employment. I sort of assume the employment was when the application was made, and she seems to be able to travel a lot for someone employed.

 

So will they hot her with a Misrep? No way of knowing.

 

An I 212 can be filed at anytime. I 601 after the finding, last I heard I 601 was taking a year? Plus of course the waiver package takes some time to put together.

Yes she was employed during filling. She had only done one trip while employed then started her own business (personal trainer). After this the business she worked at closed down. She lives with her family so has little to no expenses other than food and saves 75% of her money. She lives in the city so doesnt own a car and mostly walks or uses metro. The money she does make she uses it for traveling/vacations and her current job gives much flexibility for this.

Also to mention she has multiple visas for different countries in Europe and Asia and has a frequent travel history with no other negatives on record.

 

I dont see an option on the form I-601 for the reason that was given in her documents, (under section 212(a)(7)(A)(i)(I) "You were found to have provided false employment information to obtain your visa".) This is what was exactly written in her FORM I-860. Would this possibly go under "Other"?

Section212(a)(7)(A) is not mentioned in the I-601 neither her reason for visa termination and deportation.

Would "Misrepresentation" be another section 212(a) # (only asking as i dont know if this is the way it works)?

Also lets say with which ever option we proceeded with I-129F or I-130 wouldnt it be best to process the I-212 first and if accepted by the time she gets to her interview for either forms she will be admissable? Is this a possible route? I ask as it makes sense to me to clear this inadmissibility first being that this allowed with the I-212 before following up with any other request of the Fiance or Marriage visas?

Edited November 13, 2019 by Marbar012

[Boiler 45,743]

You have no finding yet that would require a I 601, that would only arise at the Consulate interview and you are a very long way away from that.

 

Difficult to say about a solo I 212, would save time if there is no need for an I 601, usually when both are needed then basically the I 212 is an add on to the I 601 as effectively the later covers the former.

 

The problem is we do not know what was said,  like I said updating her employment makes no sense.

[HRQX 4,145]

5 hours ago, Marbar012 said:

Yes she was employed during filling. She had only done one trip while employed then started her own business (personal trainer). After this the business she worked at closed down.

It seems that inadmissibility determination by CBP was incorrectly made. There isn't a method to "update employment status" after the visa is issued. I recommend to seek a lawyer to help her dispute the determination.

Edited November 13, 2019 by HRQX

[Boiler 45,743]

The determination is given in the stated codes, not in the secondhand story.

[Marbar012 0]

14 minutes ago, Boiler said:

The determination is given in the stated codes, not in the secondhand story.

Exactly. What was said was one thing but in the end since it couldn't be verified they deemed it "false information". For what ever reason they didnt believe her story or as i said previously maybe it was a combination that they thought she would stay. We will most likely never know.

 

28 minutes ago, HRQX said:

It seems that inadmissibility determination by CBP was incorrectly made. There isn't a method to "update employment status" after the visa was issued. I recommend to seek a lawyer to help her dispute the determination.

Im not confident in the responses ive been getting from lawyers. After today i have visited 5 (2 paid) and ive left all meetings feeling that they are unsure or just plain dont know what to do. The only lawyer that gave a similar responses to Boiler was the 2nd who said i definitely need to do the waiver and the K1 but again was unsure of the order.  But after reading here on my post and others previously posted most say do the K1 or the Marriage Visa then the Waiver.

 

I saw on the Uscis that the typical wait times for the I-212 is 6-8 months? Is this correct or are they being processed faster?

[JFH 12,190]

19 hours ago, Marbar012 said:

Thank You for the response. A trip to Russia for US citizens is not cheap. Between visa, airfare, hotel and misc expenses comes out to $2500-$3000 from my own research. This does not include the marriage or the expenses that go with that in her country.

So when you say cheaper did you take this into consideration?

Have you considered the cost of feeding and providing healthcare for another adult who cannot earn any income whatsoever for many months? I don’t know what job she does but 6 months without work would be a lot more than $3000 in terms of lost income for me and many others. Healthcare for her alone would cost that. 

Edited November 14, 2019 by JFH