Waiver Denied (Montreal) and a big WTF

[babytiger 0]

The back story:

We originally filed an I-129 in June 2005 (fiance visa petition) which was approved, then we were denied the K-1 at the meeting and told we needed an I-601 waiver.

We filed the waiver in July 06.

We received an Request for Additional Evidence on our I-601 waiver in April 07

The RFE said:

"Submit evidence of your relationship to a United States Citizen or Lawful Permanent Resident such as a marriage certificate or birth certificate showing your name. If an immigrant visa as been approved in your behalf (I-130 or I-140) please submit a copy of the approval notice for that petition.

We were so confused. We are not married and we never filed an I-130 so we sent in additional proof of our ongoing relationship (emails, photos, phone records, our engagement ring receipt, passport stamps) and a copy of the I-129 approval, along with a statement that a non-immigrant waiver is available to me based upon my relationship to a US Citizen fiancé under INA §212(d)(3), which authorizes nonimmigrant waivers of the unlawful presence grounds of inadmissibility.

A notice mailed August 20, said that we were denied because in summary 1)My fiance has failed to establish that he has a qualifiying US relative and 2) the I-601 waiver is only for immigrant visas.

#######???? We are just at a loss for words, confused, angry, etc. etc.

Why would we be told to file the i-601 if it is not the correct waiver?

If anyone can make heads or tails of this, please comment. They say we can appeal this decision within 30 days of the date and that is fast approaching.

Thanks

Babytiger

[Ron/Sharon 0]

All I can say is I am so sorry for you and I wish it had never happened.

In what you wrote I can see our future coming, we have also received an I-601 and 212 last month.

I hope you can get this mess all cleared up so you can start living again.

Ron

[Aussielad 37]

yeah but what was the denial for??

[Lona.C. 16]

All I can say is I am so sorry for you and I wish it had never happened.

In what you wrote I can see our future coming, we have also received an I-601 and 212 last month.

I hope you can get this mess all cleared up so you can start living again.

Ron

am sorry to read about your case , reading this actualy makes me nervouse to go to the interview

but I do have a question , since ron and sharon are kinda in the same boat and had to file for the same waver , what if they get married would they have a better chance in getting that waver aproved in the future ?? same for you can the waver be aproved on marriage ?

[babytiger 0]

Ron,

I do hope that this doesn't happen to you but I read a while back of another couple with an I-129F based K1 that was denied a waiver for the same reason and were in the same boat. This is so frustrating.

Aussie, the waiver was for an old CMIT

Lona, I am not sure if getting married is the answer. Who knows. I suppose if that if we got married, then filed an I-130 and then another waiver. Thats another 2-3 years of work and waiting, but I guess if we have no other choice, our hands are tied. We thought we were doing things the right way in the right order. Guess not.

[Minya's wife 25]

The back story:

We originally filed an I-129 in June 2005 (fiance visa petition) which was approved, then we were denied the K-1 at the meeting and told we needed an I-601 waiver.

We filed the waiver in July 06.

We received an Request for Additional Evidence on our I-601 waiver in April 07

...

What was the denial for? The I-601 is a waiver for those aliens found to be "ineligible" to enter the US and there can be various reasons for ineligibility. It sounds like the consulate ruled that initially you were ineligible to "enter" the US (i.e. receive a visa) but they offered the option to file a waiver. So far so good....but the RFE you got is confusing.

I don't think the I-601 is only for immigrant visas, however. I believe it also applies to K-1 applicants who are found ineligible because of "overstay" for example. (I could be wrong on this and someone will correct me, I'm sure.) Did you call USCIS when you received the RFE, to inquire because it was unclear?

It sounds like they've denied you because you did not properly respond to the RFE.....regardless of whether they RFE was right or wrong to begin with. It still may not hurt to call USCIS, go through the prompts to get to talk to someone regarding your RFE. It may not be very informative, but just an idea.

-P

[TracyTN 237]

I would seek the advice of an experienced immigration attorney, as I don't believe that getting married and starting again is always the best way to go.

[kitkat1 5]

The denial was based on a Crime Involving Moral Turpitude (CIMT). The law allows 601 waiver to be filed to overcome the ineligibility. Waivers are available to those who have qualifying relationships with USCs. Qualifying relationships in criminal cases are Spouses, Fiances, or parents:

http://www.visacentral.net/I601Memo.pdf

a waiver for criminal history (INA 212(h)) requires it to be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.” A US citizen fiancé(e) may also be a qualifying relative [9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i)].

The consulate needs to be taught US law and set straight. An experienced and qualified immigration attorney is the right person to tackle this. I would not waste any time talking to the mis-information line at USCIS - they are clueless. Getting married and starting over doesn't make the ineligiblity go away, but does involve a lot of unnecessary wasted time and money.

[Credzba 0]

Aussie, the waiver was for an old CMIT

I am just wondering ... what did you do that was so immoral they wouldn't let you in the USA.

I thought all the immorality was here in America!!

You may not want to share this information, but it does sound bad.

By the way.. I would suggest marriage is NOT the solution.

No matter what happens, this CMIT and failed k1 will be hanging over your head.

Better to get it fully resolved, and probably that will be your quickest solution too.

Get a lawyer.

[Ron/Sharon 0]

Aussie, the waiver was for an old CMIT

I am just wondering ... what did you do that was so immoral they wouldn't let you in the USA.

I thought all the immorality was here in America!!

You may not want to share this information, but it does sound bad.

By the way.. I would suggest marriage is NOT the solution.

No matter what happens, this CMIT and failed k1 will be hanging over your head.

Better to get it fully resolved, and probably that will be your quickest solution too.

Get a lawyer.

I'll share mine with you, I got an I-601 for a 31 year old "auto theft" conviction. Murderers do less time than they are having me do. The funny thing is that in Canada I am clear and clean and have no conviction, my file had to be retreived from the National Archives for a copy. In the land of In God We Trust I am a criminal regardless of where I live, where the crime was committed even if a pardon had been received. To the U.S. of A, I will always be a criminal until and only until I die or they say I'm not.

[kitkat1 5]

Aussie, the waiver was for an old CMIT

I am just wondering ... what did you do that was so immoral they wouldn't let you in the USA.

The USCIS has a long list of visa ineligibilities. Crimes involving moral turpitude are on that list, along with many others. The majority are "waivable" based on a qualifying relationship. The only reason the OP needs a lawyer is because the Montreal consulate doesn't understand that fiances ARE qualifying relatives and that they were indeed qualified to file a waiver.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

[new orleans bound 0]

Aussie, the waiver was for an old CMIT

I am just wondering ... what did you do that was so immoral they wouldn't let you in the USA.

The USCIS has a long list of visa ineligibilities. Crimes involving moral turpitude are on that list, along with many others. The majority are "waivable" based on a qualifying relationship. The only reason the OP needs a lawyer is because the Montreal consulate doesn't understand that fiances ARE qualifying relatives and that they were indeed qualified to file a waiver.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

In my opinion Montreal sucks as a consulate. They are confused about laws and answers vary from person to person. There are some mean spirted people working there and I wish I was going through another consulate like London. I've been trying to argue my case with them from 3 months and the more I press the uglier they get. I understand where Ron and Sharon are coming from and now babytiger. It's unimmaginable the misery the consulate puts people through. While I understand why one needs a waiver I don't understand why one has to pay for an action that was committed years ago. Boggles the mind- at least my mind.

Edited September 6, 2007 by new orleans bound

[Jasman0717 9]

Moral Turpitude is a biggie and depending on the specific crime a waiver may never have gotten an approval. I agree with another poster, get a legal opinion.

[MKCT 0]

I heard before that if you appeal might time longer (up to a year) than re-applying, is it true?

[Ron/Sharon 0]

I heard before that if you appeal might time longer (up to a year) than re-applying, is it true?

The document I have said 12 month but the person I talked to at the Consulate said 12 t0 18 months then it returned to Montreal for a review. I would doubt you have to re-apply, but you may have to get some of the documents that are out of date specially those needed for the AOS part of the journey