I601, I212 or both?

[Lex44 1]

Good afternoon everyone,

My fiancé just had an interview for a K1 visa in Cd Juarez Mexico. Her application was denied under 9A section 212(a)(9)(A)(i). Apparently she was denied entry when she attempted to fly into the US on a student visa in 2014. The state department considers that a "removal" that is subject to a 5 year ban. She never exited the airport. She now lives in Mexico. The consulate gave her a letter when she was denied. The letter says she can file an I212 application. There is no mention of the I601.

Bottom line, do we have to file both the I601 and the I212 to solve this problem? it would seem that only the I212 applies but I just want to be sure. Thanks in advance.

Also, can the process be done here at the consulate or will she have to send materials to the lockbox?

Best,

Lex

Edited August 22, 2016 by Lex44

[rylforever 18]

Hi, when she was denied the paper she received at the interview should say or be checked on if she can file a waiver and if so which one(s) she needs to file. also, the waivers are sent in to the lock box per the instructions on the form(s).

[Lex44 1]

Rylforever: thanks for the response. The form she got only had the I212 application checked. Is that what you are referring to? Here was no reference to the I601. Thanks in advance.

[rylforever 18]

Hi, yes if that is all they checked then just file that one for now. in very rare cases will they ask for the other waiver midway for some reason (but dont worry about that now, because it rarely happens) but if they dont ask for it now, just file the i-212 and send to the address per the instructions portion on the form. the site immigrate2us.net has a lot of helpful forums for waivers and timelines that may be useful to you also. good luck!

[Jawaree 717]

She files I 212 to the jurisdictionn she was removed from to re-enter

get the how to facts by researching, no I 601 is needed

[Lex44 1]

Thanks everyone. Very informative.

Best,

Lex