I don't understand this.They denied my fiance's visa but they told him the case was still open.They gave him his passport without punching it.

Are you eligible to file a waiver? Maybe that is why they said your case was still open.

At the cousalate they said yes,but an attorney I spoke to here said no. So I really don't know.

Did they give the rationale for the denial?

File a waiver and ask for list of what they want from you. The embassy always like to waste people's time. Most time he will get it the second time. If not just go the i-130 route.

Thank you for your positive and encouraging comment.I am planning to go the I-130 route.

It's because he did something stupid 15 years ago.We paid a lawyer to get his record expunged,yet it showed up anyway and he was denied.But they told him his case wasn't closed which I find very odd.

Have you tried getting in touch with the consulate to see what you can do?

No.It's impossible to get through to them,they hang up on people.I'm going to go there IN PERSON.

That is bad advise. They cannot just do a K-3 when their K-1 is still in the system.

So what do I do then ?

You need to figure out what is going on with the consulate. Call the consulate and get the information from them. Only they can tell you what is going on. Did they tell your fiance he can file a waiver? Did they just say it was denied and being returned? Did they give him anything?

If it is just sitting at the consulate and you want to file another petition you need to get this K1 formally withdrawn before you can start another petition. Like Nagi said, you cannot start another petition while the K1 is still active.

Just keep in mind that the reason for the denial may come up even if you decide to file a spousal visa.

Nagishkaw is right, you can not file another petition if the first one is still in process, for what they told your fiance at the Embassy the K-1 is still active.

The best advice I can give you is to consult with a lawyer IN PERSON, so you can ask him all these questions. It will be money well invested, you don't want to waste any more time or make a mistake for not being well informed on what to do.

I'm sorry you have to deal with this, best thing you can do is get in touch with a lawyer. When cases get this complicated, you can get great ideas and advice from VJ but IMO, better be safe consulting with an immigration lawyer.

http://www.ilw.com/articles/2006,0323-ellis.shtm

This is a good read.

Nagi, but for what I read on her other post, the Consulate especifically asked for a I-601 waiver and for what I understand, it is different than AR (221 g) .

Guide I- 212 and I-601 Waivers

Panamania, as Zee said, first of all you need to know EXACTLY what was it that the Embassy asked for, and what instructons they gave to your fiance. Did they give him any written instructions or any written decision?

eric_and_teresa, I guess I missed her other post.

Panamania, what were the reasons that the attorney gave you when he said it is not possible to file the waiver (I-601).

If he said that you can not file it because you are not married, that is not true. K-1 applicants CAN file that type of waiver according to the instructions on the I-601 Apllication for a Waiver Form.



I-601 Instructions

I-601 form

If the lawyer you talked to said, you can't file a I-601 waiver because the "Certain criminal grounds (INA 212 (a) (2)" does not apply to your fiance's case, then that's completely different. I don't know which "certain criminal grounds" can be waived and which ones can't. You'll need to do more research, or ask the lawyer which are your options if that's the case. I'm almost sure that if the Embassy advised your fiance to file this I-601 waiver is because his criminal background is subject to be waived.

What reasons did the lawyer gave you? Again, being married is not a MUST to file this waiver.

I hope this helps you! You need to do a lot of reading girl and even if you do hire a lawyer you got to keep yourself well informed to make sure they lawyer will do what has to be done.

Buena suerte y no pierdas la fe!

The counsalate gave him a paper which said he was denied because of code 212(a)(2)(A)(i).Which I have NO idea what it means.The lawyer said that a fiance cannot do a waiver but the man at the embassy said that I could.He asked my fiance for a bunch of things and said he would have to interview him again.

Yes, it is very hard to give advise her when we don't have all the necessary information on this thread

Pana, you need to give us the background info. too so we can help you

Then why did you mention something about I-601 waiver on your other post? I guess that makes it ALL different then!

You got a lot of reading to do girl! Search the instructions for I-212 on the link I gave you, and find out if you can file it or not. All the forms are on the USCIS website.

Because this is the waiver they told him I could do for him.





What kind of info do you need ?

Thank you.Acabo de leer las instrucciones.I'm sorry,tengo los nervios hecho "M."

We were wondering about the type of waiver, but you already answered that with your recent posts.

Forget my post #20 ( I thought you were talking about the I-212 waiver)

So the lawyer is saying you can not file this waiver because he is your fiance and not your spouse? Am I getting that right?

If so, then read the info. I gave you on post #17 .In my opinion, you can file that waiver even when you are not married, you just have to follow the "special instructions for K-1 or K-2" that the same instructions explain.

I hope that someone with experience on filing this type of waiver can read this and confirm that you can. Why don't you post on the Waivers forum?

I did already and someone answered my question,I just hadn't looked at it.

If the embassy says a waiver is availible go that route

This is VERY valuable information, because it tells you what they think the problem is, which is the first step in figuring out a solution.

You can look up that string of numbers by going to uscis.gov, clicking on laws/regulations, clicking on the Immigration and Nationality Act. Look up Chapter 212, section (a), etc.

But I've done it for you:




It looks like they believe he either committed a crime involving moral turpitude, or a violation of law relating to a controlled substance. I believe you're looking at an I-601 waiver.

Note that getting married won't solve the problem; he'll still have the crime on his record.

This is not a bad advice to file for waiver when the consular said he can file one. I also said ask for things that the embassy wants, whenever you satisfied their requirements they sometimes approve the visa. And when I say you should go the I-130 route, I never mentioned the K-3 because I know all these K petitions comes with all kind of issues and it doesn't serve its purpose when you start running into trouble "which is to speed up the process." Whenever you file the I-130, it will cancel the K-1 but I will say you should try and withdraw it yourself before you file. If you decide to file, dont do the K-3. I 'm talking from the stand point of someone who had filed I-130 and K-3, k-3 wasn't approved because I was a student at a time and the embassy didnt allow me to use additional financial support which I later found out that was wrong. The K-3 remained open till now buT my wife end up using the I-130. Now when I filed K-1 I-129f, it took 9-10 months from NOA1 to get it approved and I did alot of reseach during this time. So if you file any other petition keep all the other paper work for this K-1 they might ask.

No.It had nothing to do with drugs.Thank you for giving me the meaning of that code.

The embassy said file a waiver and the lawyer said as a fiance you can't file a waiver..........
Fire the lawyer, he doesn't know what he is talking about.

Until the fiance petition is officially closed, you can not file a spousal petition.
If it will be closed and you file a spousal ( I-130 ) petition you will have to overcome the same hurdle that the waiver is needed for.

Contact attorney Laurel Scott , she specializes in waivers. www.visacentral.net has a lot of waiver information. I advice you to not do this on your own without a good attorney experienced in waivers.

We were denied recently and I am currently looking into a waiver also.

You can contact the member...."jamyleandkhadijah" if you like. The member was denied K-1 and when through the i-130 route and everything is working fine for them. 'm just saying this just in case you dont want to file a waiver. They even did K-3 after the filed I-130.

Pana,
I'm so sorry to hear about the denial, but hopeful for you - since the consulate told your fiance there is. You know all of the sh!t you've heard about lawyers, and it IS the consulate who will give the visa.

Good luck!!

My fiancee was denied a visa and the petition was sent back to CSC.
Before filing another petition [K3 different lady] USCIS required me to send a notarized letter stating I was cancelling the first one.
The reason you were denied the first time will still be there for a second petition.
Best if you can get a waiver for your first attempt!