When my fiance was refused the visa the embassy gave him several papers in addition to the visa refusal letter. One is called "memorandum report of interview of ineligible applicant for immigrant visa who is applying for relief under section 212(h) or (i) of the Immigration and Naturalization Act." It contains such questions as "present financial status of applicant" "duration and extension of alleged reformation" "plans if applicant is not permitted to immigrate to the United States" "discussion of spouse's knowlege, if any, of the applicant's activity which resulted in the visa refusal." Does this pertain to a future interview my fiance is going to have? Or is this something that is intended to be sent with the waiver packet? They did not explain things to him, just handed him a few papers. My lawyer asked for a copy of this, I was just curious if anyone else was given such a document or has gone on an interview.

Also, many people applying for I-601 are already married. Do the arguments for extreme hardship carry less weight and is I-601 less likely to be approved if you are not yet married?

Great question, and although I don't have an answer, I currently have an Immigration Attorney out of NY courtesy of my new employer in Brooklyn. Karen and I are very lucky to have such an opportunity to work with an attorney for free, so we are going to take full advantage of the situation. Now to the meat and potatoes of your comment. Karen and I filed the 601 prior to having access to the Immigration Attorney. Through questioning via emails she made the comment, that the 601 is filed for couples ONLY after they are MARRIED and the alien is refused entry. I'm not certain if this is true as we were given the paperwork for the 601 by the Consular Officer who denied the Visa. Karen and I would like to know if anyone out there has been granted a 601 while applying for the Fiance Visa ? The Attorney has since filed a 192 on our behalf, once again at no cost to Karen and I, but I'm not certain if both applications can be submitted in tandem.

Your question is legit about the weight of unmarried vs married, as I found it very difficult to argue extreme hardship based soley on the fact that Karen is my fiance. As I see it, the US Government could easily say "to bad, so sad, you guys aren't married sucker, find a USC if you want to marry"

So to end this, has anyone out there received a 601 for a Fiance Visa?

Thanks

David

The 601 is done for K-1, and you don't need to be refused entry, you get a visa denial first, and then hand in a 601. You did it right. What is a 192? Hardship on you if Karen is NOT here.....it is tough...but you gotta dig deep .

When I stated "refused entry", for all intents and purposes I was referring to the Visa being denied. Prior to the Visa being denied Karen traveled for years to the US with no issues. Once the Embassy learned of her conviction, which was discharged from her police records, they warned her not to attempt to cross to the US as her passport has now been flagged. The 192 is basically a "please allow me entry to the US although I have a conviction" permit.

Yes, fiancé(e)s can file an I-601. See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

Married or not, you have to show the hardships to yourself if your fiance is not allowed to enter and you are seperated. And the hardship you would face if forced to relocate to your fiances country......

Thanks for your input...All that you have mentioned has been completed by us and reviewed by two separate Immigration Attorneys, (1) Canadian Immigration Attorney and (1) US Immigration Attorney. We were also lucky enough to have the reviews by both Attorneys for free. Both attorneys stated that what we were submitting was very well prepared and they would expect the 601 to be approved....But we all know how the US Government can be...The paperwork was submitted in Jan and now it is hurry up and wait...

my lawyer has told me the application is treated the same way, whether it is for a fiance or a spouse.

Shannon, the law makes waivers available to fiances or spouses as your lawyer said. In either situation, it's up to the qualifying USC relative to prove extreme hardship.


Not sure if this might be helpful to you regarding the paper he was given:

Waiver of Certain Criminal Grounds
Under INA §212(h)(1), an immigrant waiver is available for most criminal grounds of exclusion. However, no waiver is permitted for murder, criminal acts involving torture or controlled substance trafficking offenses. Further, the immigrant waiver available for controlled substance offenses not involving trafficking under INA §212(a)(2)(i)(II) is limited to a single offense involving the simple possession of 30 grams or less of marijuana.

There are two waivers available under INA §212(h)(1). A waiver is available under INA §212(h)(1)(A) if the immigrant establishes that:


the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry or adjustment of status (unless the alien is excludable for prostitution under INA §212(a)(2)(D)(i) or INA §212(a)(2)(D)(ii), in which case the 15 year time period is not required),

the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States, and

the alien has been rehabilitated.
A waiver is also available for close family members under INA §212(h)(1)(B if the immigrant establishes that he or she is the spouse, parent, son or daughter or a United States citizen or an alien lawfully admitted for permanent residence and that the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son or daughter of such alien.