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I-601 waiver for K-1 questions

By BA2WA in Waivers (I-601 and I-212) and Administrative Processes (221g)

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BA2WA Contributor

BA2WA   5

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

Our K-1 visa was denied because my fiancee overstayed in the U.S and received a 10-year ban.. She left on 12 Oct 05 by her own choice (Immigration was never involved then). The embassy said we can ask for her case to be re-instated AFTER Oct 31st or file a waiver.

We live together in her country, Argentina. The only possible grounds we have for a waiver is that we have had death threats and need to be in hiding until her visa is issued. The embassy is aware of our situation and sympathetic, but says they can do nothing... either wait till the ban expires of file a waiver.

I'm not sure but I think a waiver might not be much quicker than waiting for the ban expiration. And I have no idea how to prove the legitimate threats we've received,or that the person making them has since gotten a gun.

Does anyone have any idea how long a waiver would take, and how we could prove that our lives are potentially in danger? When we filed the initial I-129, we stated that we would need to go into hiding by March 1st, and that is exactly what has happened, so we're not pulling this out of left field suddenly.

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

You're right, a waiver is going to take broadly as long as it will take to wait out her ten year bar.

Certainly there's nothing stopping you from filing the waiver, but if I were in your position I would probably just wait until October and move forward from there.

Waivers seem to be coming in at around 3 - 6 months. I dare say if you filed tomorrow, got it approved by USCIS, who sent it to the NVC, who sent it to the embassy, then you wait on another appointment, you would probably wind up at around September - October.

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Boiler Grand Master

Boiler   43,433

Posted
Filed: K-1 Visa Country: Wales
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Posted

Waiver say 6 months and you are over doing it with the need for death threats. I would say wait it out. By the time you or your lawyer put it together it would be about the same.

“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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