Hey, I had a question. After the approval of the waiver, he comes over, we get married, and apply for adjustment of status, is there any issue being able to adjust status with a criminal record? Does the waiver cover that too or should we be prepared for more difficulty adjusting status? If anybody knows anything able that, I'd sure appreciate your thoughts.

Thanks,
Tiffany

I have wondered the same... and what about job applications? Would he have to disclose it on a job application?

mary

Yeah I think I emailed them on Jan. 2 to see if they had received my waiver yet and I got almost that same exact email aside from the refraining to contact part. Sure enough my waiver was approved on Jan. 25th. That was only around 2.5 weeks or so excluding weekends. I also got the same 12-15 week response time.

Thats a very Good Question really.....

I wonder if any police record (crime/s) would follow you over into the data base in the usa...i wonder cas they have that information given to them by an Alien they have the right to entre you into there system for crimes ect....for future ref...

And another thing ....what would one put down if ask on a job Application? ....as any crime was not committed in the USA....

Hmmmmm thats worth a ask somewhere....

if anybody knows of any Answers please let me know as this will help others for the future..
I should think a USc Member on here could find out the answers as they should know the us privacy laws better than me the Alien coming from the uk...

sorry no News yet guys ...im really am Miffed over this time you guys are going through....

Thanks Guys..

Nigel...

I found this cmltdg. I think it answers the question about the AOS. They can't let you apply for the waiver if your not waivable with the aos too.

http://travel.state.gov/visa/laws/telegram...grams_1437.html this is the link to it if you want to read the whole thing.

Baileyj

N9 Waiver Availability for Applicants Ineligible under INA 212(a)

A K visa is a nonimmigrant visa, and therefore K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to legal permanent resident. To determine whether a waiver is available for a K applicant, the consular officer must therefore first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of American citizens, under either INA 212(g), (h), (i), 212(a)(9)((v), 212(d)(11) or (12) or similar provisions. [For a more complete list, see the abridged list of ineligibilities and immigrant waivers at 40.6.]

N9.1 Visa Refusal-No Waiver Possible

[size=3]If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to BCIS. [See 22 CFR (9 FAM) 40.301.
N9.2 INA 212(d)(3)(A) Waiver for K-1 Fiance(e) Who Would Qualify for a Waiver if Married, or for K-3 Spouse

a. If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a) but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should assist the applicant in completing Form I-601, Application for Waiver of Grounds of Excludability, and submit simultaneously both the Form I-601 (with the required fee) and Form OF-221, Two-way Visa Action Request & Response, to the appropriate BCIS office abroad with the recommendation concerning the granting of an INA 212(d)(3)(A) waiver. (If the case involves a K-1 fiance(e), before beginning that waiver process the consular officer should first satisfy him/herself that the petitioner was or is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to BCIS and no waiver process commenced.) Consular officers should follow this same general procedure whether the ineligibility is on medical or non-medical bases, while taking into account any variant procedure required in certain medical cases as set forth in 22 CFR 40.11 PN2.

b. When an alien fiance(e) of a person in the U.S. military has been found ineligible and it appears that the benefits of INA 212(h) or (i) might be available once the marriage has taken place, the consular officer should discuss the ineligibility and the waiver possibility with the military officer responsible for granting permission to marry, and point out that BCIS cannot make advance determinations regarding a waiver.

N10 Vaccination Requirements for K Visa Applicants [See 41.108 Notes]

N11 Alternative Classification

The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiance(e) of a U.S. citizen from applying for and obtaining an immigrant visa or a nonimmigrant visa under another classification, if the alien can qualify for an alternative classification. For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. [See Sec. 41.31 N11.1.]

N12 Child of Alien K-1 Fiance(e)

BCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the American citizen fiance(e), and acquired lawful permanent resident status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

POWELL


--------------------------------------------------------------------------------
Other Government Websites
First Gov Service Locator

U.S. Department of Justice

The White House

I'm on a link kick tonight. Here is the 40.6 they quote in the pervious post.

Sorry guys just trying to share.
http://foia.state.gov/masterdocs/09fam/0940006X1.pdf



Baileyj

Bailey....nice work..

You gettin ready to leave Nigel??

Bailey, Thanks!! That's exactly what I was wondering. That takes a load off my mind. I was really wondering about all that. It does make sense that they wouldn't let you apply for a waiver if you weren't able to actually adjust status to permanent resident. But what's the form OF-221 they mentioned? Is that the "blue" piece of paper he got? This whole thing is stressing me out! I've actually become a worry-wart, when I really wasn't before. If he still likes me after all this is over, he's an even better man than I thought!

Anyway, thanks and have a great weekend.
Tiff

Hi cmltdg

I really don't know what the OF-221. I bet it's either what you said or maybe a form that the officer at the embassy has to fill out and send in with your waiver. Hard to tell. I tried doing a search for it but there are a few pages missing where I've been looking. I think they are revising them right now or something.

You will be fine and I'm sure everything will work out. We just need to get a stick to chew on or to beat someone with .

It's all so stinking confusing.

You have a good weekend too. I just found out yesterday I have to go to Detroit for work on Monday and Tuesday. Grrrrrrrrrrrrrrrrrrrrrrrrrrrr I did NOT want to go but the plant manager asked me to. Can't say no to that unless your just stupid. lol

Baileyj

More freakin waiting...can you all please pray for us that our passports come back today?

No word for us today

No word yet either......I was thinking that it is a government holiday today and maybe they are closed. It's Presidents Day.

Oh bullocks!!!!! I forgot about that stupid holiday! Grrrr......my passports better come tomorrow!

some sound Advice for Everyone from L.scott (immigration Lawyer)

There's been some recent discussion on this forum about my fees. What can I say? Legal services are expensive. My fees are an indication of my experience with this type of case.

But I understand that some people would rather hire someone local or see if they can find someone cheaper. If you do, please follow some of my suggestions.

1. Make sure your attorney is licensed. You need to contact the state bar where the attorney is licensed. Don't assume your attorney has his/her license from the state where he/she is located as immigration attorneys can practice immigration law in any jurisdiction as long as they are licensed in at least one state. Simply ask the attorney what state he/she has a license from.

I've handled several cases where the client originally went to a Notario, Immigration Consultant, or person claiming to be an attorney when he/she was not. These are typically the most fu*&ed up cases. Keep in mind that practicing law without a license is criminal.

2. Hire an immigration attorney who has done an I-601 before. If you're on this forum its because you need an I-601. Anytime you need an I-601, you NECESSARILY have a complicated case. You need someone who has done that type of case before. Many immigration attorneys have NEVER handled an I-601 before. I recently went to a business dinner with a bunch of immigration attorneys. I sat by one prominent Houston business immigration attorney who owns a multi-attorney practice. He is board certified in Immigration Law in the State of Texas. I told him I specialized in the I-601 waiver and he said, "What's that?"

3. Be suspicious of very low fees. If the attorney is charging under $1000, that should be a warning sign that this attorney is either desperate for clients or is inexperienced with this type of case. Its possible that the attorney has had some success through Juarez and doesn't understand that the rules in Juarez have recently changed (they now want more evidence) and that its harder to get an approval through other posts. $2,500 to $6,000 is more normal (for just the I-601, I'm excluding the legal fee for the I-130 filing and consular processing, etc.). The lower part of that range is for attorneys who have some experience - maybe they've done five or six already - and the higher range is for those who have more experience.

4. Don't pay extravagent fees unless you're rich. Attorneys in the New York City area are known to charge $10,000 or so for a waiver. They're not necessarily trying to screw the client, they simply have astronomical rent to pay and have to compensate all employees, including the attorney, for the very high cost of living there (Houston is much cheaper, incidentally). But if you look around on the internet, you can find someone just as experienced who won't charge quite so much. The only reason to pay $10,000 to $30,000 or so is if you are very rich and you're hiring Ira Kurban (http://www.kkwtlaw.com/Bio/IraKurzban.asp) or Carl Shusterman (http://www.shusterman.com/). Both of these names are readily familiar to all immigration attorneys.

5. I'm sorry, I just can't recommend trying it alone. I know its a lot of money, but a lot is riding on this. As I said above, if you need an I-601, you NECESSARILY have a complex case. You have to prove extreme hardship. You're not just filling in a form and writing a letter. Even if you don't hire me, I recommend you hire SOMEONE. Yes, some people have success writing their own waiver applications. And some people give birth without a medical professional present and have no problem. But I can't recommend it. Beware that some posts are more difficult that others; e.g. Manila.

6. If you do go it alone, at least get a consultation. Again, you don't have to contact ME, but you should contact SOMEONE who is experienced with these waivers. Several times a year I end up saying to a client, "I wish you had contacted me earlier" because they did something on their own that made their case WORSE. If you can't afford my consultation fee, come to the free chat. I created the chat not only so that potential clients could see that I knew my stuff, but also so that I could provide some free information for people who can't afford my services.
_________________
I am an attorney specializing in the I-601 waiver. I originally got into immigration because of my own fiance's 'immigration problems'.

Private messaging is NOT a good way to get in touch with me. For various ways to contact me, visit my webiste www.visacentral.net.

Hope this help members out..if there thinking about getting a immigration Lawyer to handle there waiver/s....but Everybody got choices of what they want to do...

Nigel...

I was quoted around $3000 by talking to an attorney in NY, OR, and ATL. So that sounds about right.

Edited to add: I decided to do it myself....hehe..

So was the London Embassy closed yesterday? (due to that holiday thing?)

it may help explain why I still have no e-mail reply from a message I sent to them on the Friday enquiring about my case entitled "urgent"

I still have yet to receive ANY e-mail from the London Embassy!

Proberly...

That is odd Paul you havent received anything yet..hmmm have you sent a message to DHS or was it the consulate?

Well from reading what L. Scott said I now understand why we paid so much for our attorney. Not only is he from London but he also has his bar from New York. He is a lawyer in London practicing American Law. We paid even more than L. Scott said. Way more and we arent rich, we are now broke.

Still no word today. I am still planning my Wedding Shower for March 26 or at least my bridesmaids are. I just need a answer - are we going to get approved????

yep sure you are but when is the real Question

Hang in there..it got to be this wk..surely

STILL NO WORD FROM THEM

what I would give for a rude e mail now!!

Misty I e mailed the london.uscis one insted of the londonconsular@state.gov. I HAD sent previous ones to the consular address with no luck, so now I sent a recent one to the DHS and STILL no reply.

It's bloody frustrating

Paul have you checked your junkmail filters on your email? Maybe they are going in the trash! you can always fax them if you have a fax. They received our fax we sent without any problems but they wont send you anything confirming they got it. So my thoughts to you would be to email them again. In the subject line just put URGENT, NEED INFO or something...Then in the letter box just put your questions and at the end, list the date you filed, and your case number, along with your email address. It SHOULD get you some kind of response even if it's the same generic one!

I never post here cause it's not my 'area of expertise' but some of you may have seen me around. I'm in here for education now.

Does a person need a waiver if they have accidentally overstayed by just a day or two on a previous VWP visit? This has come up in the K-1 forums and I'm just wondering.

Thanks all.

Still no word yet...big suprise huh! Just kidding! John is so frustrated now, he makes sure to take his cell phone with him just in case they happen to call. Would they contact our lawyer before us, or do think they would just call us? We haven't even talked to the lawyer since we filed. We are scared just to call and talk to them because it cost sooooooooooooooo much.

Nigel hopefully you are right and it is this week! I just want to know.....

I'd call them and find out if it were me.. I am just the nosey type!

Rebecca, I dont think there is a waiver needed for a one or two day overstay..

I am still waiting with you guys but just for a different thing! MY PASSPORTS! Grrrrrr....still didnt come today! I cant get out of this bloody country until I get them!

I was the person rebeccajo was refering to in her post-my fiance was denied entry last March-he had overstayed 2 days on the vwp. Although our case now seems to be under "administrative review", I was trying to find out if he would need a waiver(Rebeccajo being the brilliant person she is posted the question). I didn't think it would be an issue with a 2 day overstay, but with our luck-ya never know

I will assume he will be ok & I guess I will have to prepare myself if they do want him to file one.

Thanks

Irish Girl,

I'm no expert but from what I've read on here about overstays and waivers I would agree with Misty. i can't see an overstay of a few days being a problem. From what I've read they normally "forgive" overstays of less than one month with future visa applications. I really don't think you need to worry about submitting a waiver.

Misty, do you think I should wait till the end of the month and send them an e-mail then? I remember Nigel telling me to wait a few weeks before asking them whether it had been put on the system yet.

Thanks a million-I will just worry about getting through AR at this point

good luck to you all

Any overstay of LESS than 6 mths can & more often be Forgiven....overstay of MORE than 6mths then yep get that waiver ready...
2 days of overstay...nah dont be worried...

nice one thanks Nigel.........now I can just worry about the AR that we have found ourselves tangled in

Paul I would keep trying...like I said if you email them again and dont receive a response, then I would fax them and ask it that way and maybe ask them to call you or something? I cant understand why they havent responded...It never took over a day or two for them to respond to me. I even slipped up one time and emailed them twice in one week to see if they had it.

Misty,

I just sent the london.uscis e-mail address another mail and received a reply in 2 MINUTES!

However, It's not the reply I wanted!!!! it read:

This office does not have your I-601 waiver application. We have not yet
received it from the U.S. Consulate at the American Embassy in London. You
will
need to contact the Immigrant Visa Unit at londonconsular@state.gov

USCIS - London


So can someone please tell me the difference between londonconsular and london.uscis????

should I e-mail the consular address?

(totally confused as to where my I-601 is!!! )

When did you file your I-601 waiver, and how?

The London Consular unit has the responsibility for issuing visas. The USCIS office has the responsibility for adjudicating waivers. If USCIS London does not have it, e-mail the Consular unit and verify that they've received it and will be passing it on to USCIS.

If you mailed your waiver, you might remember from your initial visa process that London sometimes takes 2-3 weeks to open and process mail.

Good luck!

Hi Pax,

Thanks for your prompt reply!

well initially I filed the original I-601 on the 2nd of February (the day of my K1 visa interview) in the London Embassy. However they sent me a letter asking for two seperate hardship letters and two completed G-325a forms that were sent to them via special delivery on the 15th of February.

So I'm really confused as to what my filing date will be? the 2nd of Feb? or whenever they get round to eventually opening the letter that was sent on the 15th???

Paul

Eeeeeek.

Yeah, e-mail the London Consular address. First, verify that they received those additional materials and that your file is now complete. Then ask if it's been forwarded to USCIS yet and, if not, when it will be.

Be aware that if those were sent on the 15th, you may be looking at another 2 weeks before they get around to opening them.

mmmmmmmm (deep breath)

I'd have to agree with Pax Paul...It probably is still at the consulate. I would think they would use the Feb. 2nd date as that is the original date you sent it in. I hope you hear something soon..by the way that was the same email they sent me back in November when I emailed them asking if they had received my waiver from Denmark. So at least they're consistent!


jpkeswim----have you heard anything yet????


No passports again for me today kids....I am getting very very frustrated here! It's almost like waiting for the waiver all over again! Grrrrr....

NO WORD YET TODAY!

I AM THINKING OF TRYING TO MOVE THE WEDDING BACK A FEW WEEKS NOW! IF WE DON'T KNOW SOMETHING BY THE END OF NEXT WEEK WE WILL SEE IF WE CAN MOVE IT BACK. WE HAVE TO SEND OUT INVITES AT LEAST 6 WEEKS IN ADVANCE......URRRGGGGHHHH! HOW FRUSTRATING THIS IS!

I KEEP PRAYING FOR THOSE PASSPORTS FOR YOU - MISTYB !

TOMORROW IT WILL BE 12 WEEKS SINCE OUR INTERVIEW AND SINCE WE FILED!

Wow that sucks about your wedding! I hope you get your answer soon!

Jpkeswim and Misty,

sorry to hear about your waiting aswell. It seems that this whole forum is counting down the minutes and hours until they get their precious "approveds" and documents, I really hope things come together for both of you really soon...... and on that note I hope things are equally sucessful for Mary and Tom. It must be terribly frustrating for you both.

I think I will have to agree with Misty and Pax that my letter is sitting in a pile unopened at the embassy, it's so blo#dy frustrating that they take so long to open letters. I really thought we could file on the 2nd of Feb, and due to an error by a consular officer it now looks like a whole month has been wasted for my waiver.

I guess I'll just wait a few weeks and e-mail the consular address again because they certainly aren't e-mailing me.

Just a quick question, is the london.uscis dept. in the same building as the london.consular???

(probably not eh? )

I heard that it was the same building!

Well guess what still no new news! This is starting to make me very upset and worried that something is wrong. I really don't want to move to England!

When will the answer come???? It's 12 weeks today and they told us 6-12 weeks.

No news for us either. Yesterday was 12 weeks from when they received our petition. Today was 11 weeks from when it was put into the system. We were told two months. The longer we wait the more worried I am that something is wrong. Tom keeps saying to not think like that.

If I have to move to England, I will have to give up being part of my kids and my grandkids lives. Also, because housing costs are so outrageous here, we would never be able to afford the space we already would have back in Michigan. I own a 2000 sqare foot home that I have lived in for 30 years. I would have to give up nearly everything I own (would not have room for it here) and try to sell a house that will not sell well in todays market. The house is 150 years old and in need of repair. It's worth far more to us as a place to live than as a source of money. I don't know how I would gather the energy to do it all. I worry that we would be separated for months and months... a year even.

mary

Well we have already been apart for a year, other than the three times that I have been to England. It is really hard and frustrating. Planning a wedding without him here and not knowing for sure if he will be back. Oh and never getting any input about the wedding....so I am doing it all myself.

Alright this thread is getting awfully quiet...how is everyone apart from the obvious frustrations..myself included.

I agree Misty,

but I guess it's really difficult for jpkeswim and Mary and Tom... all the time waiting and still nothing.

I know myself that I decided to take the weekend off from the forum, because I was checking it so much, sometimes twice a day, which is really overkill. It also makes the waiting seem even longer, and I'm only at the start compared to these other guys!

Mary and Tom and Jpkeswim, please please try and be positive! I know that's easy for me to say, but remember the pass rate that London has for waivers! They're just f*cking with your minds. That's what Nigel and Misty both said, when you think that everything is lost is when you will get THAT call. Hang on in there guys!!!

wow it is quiet in here!!!

where is everyone?

anyway can anyone confirm that the london.uscis dept. that processes the waivers IS in the same building as the london consular dept. that processes the visa's???

It's gonna be 2 weeks tomorrow since my letter got to the embassy, does anyone think it's worth sending them another e-mail just to find out what's going on (to see if they've opened it yet) or should I leave it for another few days??

I gotta stop counting the days!!

Paul I would contact the consulate and ask if they have received anything. From what I have heard the DHS office is upstairs but since I didnt go through London I am just going by what I think I know. Nigel's sat in the consulate for I believe 19 days before it went upstairs.

I am sorry you havent heard anything...

We should be getting our passports by the end of the week...yeehaw..cant wait!

Hi Misty,

seems like we're the only ones in here at the moment eh?

It gives me some encouragement knowing that the USCIS dept is upstairs!

I tried to hang back on the sending an e-mail in, but the cravings were just too overwhelming and so I sent them one an hour ago!!

It would be so nice just to get ANY information on what's happening but I ain't holding my breath!