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Bjams

K1 with I212

By Bjams in K-1 Fiance(e) Visa Process & Procedures

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Bjams Newbie

Bjams   0

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My fiance was removed at the airport for not having a valid visa due to them taking her B2 away due to unauthorized employment from a phone search. To file a k1 do I need a 212 and 601 waiver? Or just the 212? 
Or would it be better to get married and file the I-130 because there is no bar to adjustment for unauthorized employment for immediate relatives. Would I still need the 212 due to the removal and being subject to the 5 year bar? Does this apply to the K-1 visa also? 

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Boiler Grand Master

Boiler   45,524

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Filed: K-1 Visa Country: Wales
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I could see a misrepresentation charge so both.

 

How would she adjust she was deported.

 

i always prefere a marriage route, well except in very unusual circumstances 

“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.”

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Dashinka Grand Master

Dashinka   24,506

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Filed: Citizen (apr) Country: Russia
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I also prefer the spousal visa route.  As to what waiver you will need, that is hard to tell based on your story.  Why would there be a 5 yr. bar?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,884

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Filed: Citizen (apr) Country: Taiwan
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50 minutes ago, Boiler said:

I could see a misrepresentation charge so both.

 

How would she adjust she was deported.

 

i always prefere a marriage route, well except in very unusual circumstances 

Can a fiance get an I-601 waiver?  I wonder about the qualifying relative thing.....

Edited by Crazy Cat

"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.. 
 

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Boiler Grand Master

Boiler   45,524

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Filed: K-1 Visa Country: Wales
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8 minutes ago, Crazy Cat said:

Can a fiance get an I-601 waiver?  I wonder about the qualifying relative thing.....

They can

“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.”

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