K1 Visa or File I 601 Waiver (merged)

[amillimo 31]

Hello everyone my name is Mo and recently my fiance and I where traveling from Jamaica to Memphis Tennessee and we were stopped in Atlanta by immigration. Immigration found out my fiance was working on her B1 B2 Visa and was given a five year banned. Now I'm in Memphis Tennessee and she's back in Jamaica and we are wondering what is the next step that we can take to get her to me. Should we file for a K-1 Visa or should she just apply for a i 601. Another thing is we are a same-sex couple so I'm not sure if Jamaica will give us a harder time filing for a K-1 Visa. I would really like some help with this subject Ima United States veteran who suffers from depression and she was a big help to me can anyone please help?

Edited June 5, 2016 by amillimo

[LionessDeon 2,060]

You cannot just file a I-601 waiver without first filing for a visa and be denied.

You would have to find out if her 5 year ban is waiver eligible. I don't know much about that.

Same sex couples are not culturally accepted in JA. You need strong relationship evidence.

[dwheels76 5,461]

Hello everyone my name is Mo and recently my fiance and I where traveling from Jamaica to Memphis Tennessee and we were stopped in Atlanta by immigration. Immigration found out my fiance was working on her B1 B2 Visa and was given a five year banned. Now I'm in Memphis Tennessee and she's back in Jamaica and we are wondering what is the next step that we can take to get her to me. Should we file for a K-1 Visa or should she just apply for a i 601. Another thing is we are a same-sex couple so I'm not sure if Jamaica will give us a harder time filing for a K-1 Visa. I would really like some help with this subject Ima United States veteran who suffers from depression and she was a big help to my mental state.

The 601 Waiver goes hand and hand with your petition. You have to petition first. But the waiver you are stating the hardship and why you need your fiance' here in the US and why you can't live where they are are.

Because of the illegal work and needing a waiver I truly would seek a lawyer for at least a consult.

[amillimo 31]

The 601 Waiver goes hand and hand with your petition. You have to petition first. But the waiver you are stating the hardship and why you need your fiance' here in the US and why you can't live where they are are.

Because of the illegal work and needing a waiver I truly would seek a lawyer for at least a consult.

Do you think i would be dennied the k1 visa since she is banned from the US. Or is her best bet is too filing a wavier 1st...sorry im still confused

Edited June 5, 2016 by amillimo

[amillimo 31]

You cannot just file a I-601 waiver without first filing for a visa and be denied.

You would have to find out if her 5 year ban is waiver eligible. I don't know much about that.

Same sex couples are not culturally accepted in JA. You need strong relationship evidence.

Do you think if i file for the k1 visa she would be denied?? Or should she just try to file a wavier 1st??

[Meg&Andrew 297]

You will need to file for her K1 and wait out the processing time. At her visa interview at the US embassy she will be denied based on the ban. They will then inform her if she can file the I-601. Not sure what the process is but either she submits the waivers right there after the visa is denied, or she'll have to schedule an appointment to file them. They will be reviewed and If it is determined that you will suffer extreme and unusual hardship if she is banned from entry, then the waivers will be approved and she will be issued a visa. A lawyer would be a good idea.

You cannot just file a I-601 waiver without first filing for a visa and be denied.

You would have to find out if her 5 year ban is waiver eligible. I don't know much about that.

Same sex couples are not culturally accepted in JA. You need strong relationship evidence.

And yes as stated, find out if it is waiver eligible

[canadian_wife 1,791]

The process will work as such. The US citizen will file the I129F for the fiance petition. Your fiance will have her interview in Jamaica. She will be denied because of the ban (this is given since she is currently banned from the U.S.) You, the US citizen will file the I601 waiver. The waiver cannot be filed for until there is a visa denial.

I am sorry about the ban and your difficult journey ahead, however dwheels is correct, you should consult a lawyer

good luck

[LionessDeon 2,060]

As I stated ..... You cannot file a waiver first. You must petition for her....be denied...found waiver eligible....file waiver. Those are the steps.

[newacct 688]

This has nothing to do with I-601. What your fiance has is the 9A ban, which applies to anyone who was "removed" (and not granted voluntary departure) on arrival. There is no immigrant waiver for the 9A ban. What she needs to do if she wants to immigrate (including K-1 or CR-1) within the 5 years is file I-212 to apply for Permission to Reapply.

[LionessDeon 2,060]

^^^ Thanks. I wasn't sure what applied in this situation..just knew you cannot file a I-601 before denial.

Edited June 5, 2016 by LionessDeon

[amillimo 31]

So she needs to file a I-212 1st before even apply for a k1 visa...She will be meeting with a lawyer 1st thing monday morning. I want to be sure we have at least a few ideas in mind?

[amillimo 31]

The process will work as such. The US citizen will file the I129F for the fiance petition. Your fiance will have her interview in Jamaica. She will be denied because of the ban (this is given since she is currently banned from the U.S.) You, the US citizen will file the I601 waiver. The waiver cannot be filed for until there is a visa denial.

I am sorry about the ban and your difficult journey ahead, however dwheels is correct, you should consult a lawyer

good luck

Thank you i have already started my research and I have come to the understanding that this will not be a easy process. Im guessing the best thing to do is hire a lawyer.

[caliliving 606]

how did they find out she was working? did they go through her phone? i am just wondering... everyone knows working while on a B1/B2 is illegal:/ she should have been more careful!

I would suggest calling Lizz Cannon! she is one of the top waiver lawyers and will give you free advice on the phone and then she can proceed with your case! you want one of the best lawyers for a waiver.. lizz cannon, laurel scott are 2 of the top.. you dont want any run of the mill lawyer that really just fill out applications on a daily basis and doesnt have any experience getting these waivers approved!!! because these lawyers do it all the time they know exactly what to put and i think their success rate is 90%!

law is federal so you dont need to find a lawyer in your state and honestly, it doesnt matter to sit down with them or not! you can talk to them over the phone, skype ect. I would suggest calling Lizz monday morning!

[blondedoc 35]

Just one thing: if you are certain abou your ban and you don´t have any other ban, you can file the K1 and the I-212 together... I did that... and my lawyer use to work with Valerie May (a famous and great immigration lawer) and he´s great! If you want his contact, pm me.

Edited June 5, 2016 by blondedoc

[amillimo 31]

how did they find out she was working? did they go through her phone? i am just wondering... everyone knows working while on a B1/B2 is illegal:/ she should have been more careful!

I would suggest calling Lizz Cannon! she is one of the top waiver lawyers and will give you free advice on the phone and then she can proceed with your case! you want one of the best lawyers for a waiver.. lizz cannon, laurel scott are 2 of the top.. you dont want any run of the mill lawyer that really just fill out applications on a daily basis and doesnt have any experience getting these waivers approved!!! because these lawyers do it all the time they know exactly what to put and i think their success rate is 90%!

law is federal so you dont need to find a lawyer in your state and honestly, it doesnt matter to sit down with them or not! you can talk to them over the phone, skype ect. I would suggest calling Lizz monday morning!

I will definitely be giving those lawyers a call..i wont be in Memphis TN very long i will be heading back to my home which is the United States Virgin Islands...Im wondering how much money and time will i be looking at with everything...i want to get the ball rolling as soon as possible.

Just one thing: if you are certain abou your ban and you don´t have any other ban, you can file the K1 and the I-212 together... I did that... and my lawyer use to work with Valerie May (a famous and great immigration lawer) and he´s great! If you want his contact, pm me.

Her ban is 212 (a)(7)(a)(i) which is basically working on a b1 b2 visa...yes they did go through her phone and found out she was working. If anyone has ever worked with lizz cannon or ms scott could you please let me know how it went...i will be sure to keep updating this forum...

Edited June 5, 2016 by amillimo