If K1 visa is denied due to inadmissability which waiver is required: I-601 or I-192?

[hbd3 0]

Has anyone had experience with K1 visa denial and applying for a waiver? The I-192 is the non-immigrant visa waiver and since k-1 is technically classified as non-immigrant I wasn't sure if that is the waiver that would be used. Most people reference the I-601 in regards to fiancee/spousal visa waivers.

[Just Paul 4,595]

The eligibility to obtain a waiver is determined at the interview. Think of the K1 as an Immigrant Visa for waivers as it is for immigrant intent.   The interview is done in the Immigrant Visa section of the Consulate - that why you see 600 series waivers.

[hbd3 0]

On 4/27/2021 at 12:58 PM, Paul & Mary said:

The eligibility to obtain a waiver is determined at the interview. Think of the K1 as an Immigrant Visa for waivers as it is for immigrant intent.   The interview is done in the Immigrant Visa section of the Consulate - that why you see 600 series waivers.

Thanks, in speaking to lawyers we have heard conflicting info on which waiver would be required if a K1 is denied due to inadmissability (fruad/previously misleading an immigration officer). It seems like it is the I-601, which would require extreme hardship proof. We also aren't sure if that is harder to prove if you are not together or married already.

 

If anyone has any experience with a similar case any info is appreciated!

[aaron2020 11,651]

Why is your fiance inadmissible?   What exactly did they do?

[hbd3 0]

On 4/29/2021 at 10:30 PM, aaron2020 said:

Why is your fiance inadmissible?   What exactly did they do?

Mislead an immigration officer in order to get a tourist visa approved, of which they now have documented evidence of.

[aaron2020 11,651]

7 minutes ago, hbd3 said:

Mislead an immigration officer in order to get a tourist visa approved, of which they now have documented evidence of.

What EXACTLY did he do?  If you want good help, then you need to be specific,  A general broad mislead an immigration officer could mean anything.  Did he lied about being married when he was in fact single?  What?

[hbd3 0]

8 minutes ago, aaron2020 said:

What EXACTLY did he do?  If you want good help, then you need to be specific,  A general broad mislead an immigration officer could mean anything.  Did he lied about being married when he was in fact single?  What?

They were renewing a tourist visa and said they had not worked on previous trips (while on tourist visa) in the US. After successfully renewing, they traveled to the US and immigration found evidence of unlawful work (on their phone) causing denial of entry and immigration revoking the tourist visa. So the issue is 1.) unlawful work 2.) lying about not having unlawfully worked in order to get the tourist visa renewed. The visa was revoked but there was no ban. 

Edited May 2, 2021 by hbd3

[aaron2020 11,651]

A K-1 could be issued if the visitor visa was revoked and there wasn't a ban.  It will be at the discretion of the CO.

If there is a ban, then the K-1 will be deny and the CO should inform your fiance if there's an available waiver.  

[Boiler 45,735]

Sounds like a I 601