Misinformed by Lawyer 212(h) Waiver – Any suggestions?

[Barry P 2]

Hello Friends,

This is a follow up inquiry to previous post (see link below). In short, my Fiancé worked as a dancer/stripper back in 2012 for few months. A couple of weeks back, I contacted a lawyer to get an understanding of what impact this will have on visa eligibility. Specifically, I wanted a better understanding of how the Embassy would interpret crime of moral turpitude considering my Fiance was stripper.

Attorney informed me there is possibility of K1 Visa being denied. Reason she gave was that the Embassy doesn’t necessarily need hard evidence and can make a decision based on circumstantial evidence. In our case, circumstantial evidence being prostitution is legal in Costa Rica and my Fiance was a stripper. If the CO has any doubts, visa can be denied. The CO can interpret private lap dances to be prostitution.

Attorney recommended we answer “Yes” on the N-160 regarding prostitution question and that my Fiance and I should provide a detailed heartfelt narrative detailing why she made the choice to work as a stripper. Attorney stated this may help with visa approval. I asked the attorney about the 212(h) waiver if visa is denied and she stated I can marry my fiancé and apply for spousal visa. So I put below post regarding how much authority the CO has on approving/denying a visa to get some feedback from anyone else with a similar experience.

I got a response back a few days ago from the Attorney stating she did further research and I would need to file for I-601 hardship waiver if visa was denied for prostitution and her fees for hardship waiver is $7000.

Would appreciate insight from anyone that has some real world knowledge with this type of situation.

Thank You!

http://www.visajourney.com/forums/topic/510338-k1-interview-212h-waiver-how-much-authority-does-the-co-have-to-approvedeny-visa/

[Pitaya 2,576]

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