Hi,

We've been advised by a UK-based lawyer that if my fiancee and I retain them, they can submit the K1 application at the same time as the I-601 waiver application, saving us months of waiting. The cost to us would be £1750 + expenses + VAT + USCIS charges.

I will need the waiver due to 2 counts of possession of cannabis over a decade ago, plus the fact that I have entered the US 4 times on an I-94 Visa Waiver, each time declaring 'No' to the I-94 question about being convicted of a crime involving controlled substances. My mistake (so I am advised) was that the US immigration service does not recognise the UK Rehabilitation of Offenders Act whereby I am not normally required to disclose my 2 spent convictions; apparently I should have disclosed the convictions when entering the US.

So, back to the question: is it possible to file the waiver & K1 at the same time? Is the lawyer pulling the wool over our eyes? Does their fee seem fair? Can we do it without a lawyer? Any insight gratefully received.

Many thanks,
The Vikings

You cannot submit the waiver until you have been denied the visa at the visa interview after you have gone through the fiance visa application process. At that time at the interview they will tell you if you are eligible to file waivers or not. This will be determined after they have done all the background checks on all of your forms that you file with your fiance application.

There is no quick way to get a visa if you need a waiver.

The 601 is not submitted until the visa is denied and the reason for denial is made clear. At that time, the consular officer needs to determine if the applicant is indeed eligible to file a 601 and then is required to instruct the applicant on how to do so.

This information is clearly stated on the US consulate's UK site:

http://london.usembassy.gov/dhs/uscis/ivwaiver.html

The I-601 and the Extreme Hardship Statements (PDF, 16Kb) are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the Immigrant Visa.

Since you can both file the I-129F Fiance Visa petition and the 601 hardship/letter without the assistance of a lawyer who doesn't tell the truth, I would suggest firing him.

Also check out the 601 forum on www.immigrate2us.net for examples of approved 601 hardship letters and guidelines.

Thanks to the both of you - you've highlighted that the lawyer is dishonest and misleading, we shall not be hiring her.

This raises the question: will the consulate still go ahead with the interview even though I am clearly inadmissible? If so, Is it feasible to prepare an I-601 in preparation for the interview and hand it in at the consulate when my K1 is declined, and will it speed up the process?

Our I-129F will be sent tomorrow ... much wringing of hands will now ensue!

Thanks folks.

What you've described is exactly how most people handle it. Prepare the hardship letter and evidence before the interview with the intent to submit it upon denial. Most consulates write in the denial code on the actual 601 form.

You are still eligible for an interview and they will schedule it - being inadmissible only means that you won't be receiving your visa after the interview and that you have to submit the hardship letter and proof; it doesn't mean you are not eligible for the interview.

Also, while London has a very high approval rating, an online system for viewing status and are known to be relatively fast, you should read through this post of dwar49's experience and make sure your hardship letter is well prepared, by both of you, with a lot of evidence: http://www.visajourney.com/forums/index.php?showtopic=55010

Good luck