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Hi everyone, I can't figure out how to post this directly in the Australia portal so I'm hoping someone can move it there.

 

My husband and I are applying for the CR1 visa to bring him to America from Australia. He has a criminal record however, which prevented us from obtaining the K1 visa last year. He was told at the interview that he was eligible for a waiver I-601, but we got married instead, cancelled the K1 application and began the CR1 process. I have hired a lawyer this time around and we are expecting the same outcome at his next interview. Our lawyer informed us that along with the national police certificate that is required he is going to need to provide a copy of his arrest report and the disposition of his case. But since those are terms we use in America and he is in Australia he can't find any info on how to obtain these. Can anyone in Australia please tell me what those documents would be called there? And even better, if anyone knows how/where to get them I would really appreciate any information. We don't want to be scrambling at the last minute to try to get this paperwork and delay our time together even more.

 

Thanks in advance! Hopefully someone out there can help...

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Filed: AOS (pnd) Country: Nigeria
Timeline
53 minutes ago, ArianneandTaylor said:

Hi everyone, I can't figure out how to post this directly in the Australia portal so I'm hoping someone can move it there.

 

My husband and I are applying for the CR1 visa to bring him to America from Australia. He has a criminal record however, which prevented us from obtaining the K1 visa last year. He was told at the interview that he was eligible for a waiver I-601, but we got married instead, cancelled the K1 application and began the CR1 process. I have hired a lawyer this time around and we are expecting the same outcome at his next interview. Our lawyer informed us that along with the national police certificate that is required he is going to need to provide a copy of his arrest report and the disposition of his case. But since those are terms we use in America and he is in Australia he can't find any info on how to obtain these. Can anyone in Australia please tell me what those documents would be called there? And even better, if anyone knows how/where to get them I would really appreciate any information. We don't want to be scrambling at the last minute to try to get this paperwork and delay our time together even more.

 

Thanks in advance! Hopefully someone out there can help...

Two things...

First off, as long as your country is in your profile it will automatically go to your countries portal.

 

Secondly,  getting married and filing a spousal visa is not going to overcome the ineligibility.  An I-601 waiver will still need to be approved in order to obtain a visa because it is needed to waive an ineligibility.

 

I filed for a K1 and at the interview was given the option to file an I-601 waiver for the ineligibility.  When I returned to the US I filed the I-601 on my own (without a lawyer).  By the grace of God and much research during preparation, I was approved.  I'm awaiting my NOA2 from filling my 2nd K1.

 

You can go ahead and submit the I-601 waiver so hopefully by the time you are ready for your spousal interview, the I-601 will already be adjudicated and approved.  They would then be able to issue his visa, given that there are no other issues.

 

If you wait to file the I-601 waiver, you will be denied again at the interview and then have to file the I-601 waiver which takes a while to prepare (because it's very lengthy).  The adjudication process is looking to be about 10 months right now.  The last time processing times were posted they said they were working on June 2016 waivers.

Edited by Unshakable Faith

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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13 minutes ago, Unshakable Faith said:

Two things...

First off, as long as your country is in your profile it will automatically go to your countries portal.

 

Secondly,  getting married and filing a spousal visa is not going to overcome the ineligibility.  An I-601 waiver will still need to be approved in order to obtain a visa because it is needed to waive an ineligibility.

 

I filed for a K1 and at the interview was given the option to file an I-601 waiver for the ineligibility.  When I returned to the US I filed the I-601 on my own (without a lawyer).  By the grace of God and much research during preparation, I was approved.  I'm awaiting my NOA2 from filling my 2nd K1.

 

You can go ahead and submit the I-601 waiver so hopefully by the time you are ready for your spousal interview, the I-601 will already be adjudicated and approved.  They would then be able to issue his visa, given that there are no other issues.

 

If you wait to file the I-601 waiver, you will be denied again at the interview and then have to file the I-601 waiver which takes a while to prepare (because it's very lengthy).  The adjudication process is looking to be about 10 months right now.  The last time processing times were posted they said they were working on June 2016 waivers.

Thanks for that. So you are saying that he can apply for the waiver before he even goes to his interview? The thing is we already cancelled the k1 because we got married anyway last time I was in Australia. He is there and I am in America. At his interview last year he never actually had an interview. Everyone else was sent to the window for interviews and he got called up to a different desk and told he could not interview but that he was eligible to apply for a waiver. I was also under the impression that we could start the waiver process while we wait for uscis to approve the I-130 so that it is ready by the time he goes for the interview, but the lawyer advised that we had to wait until he was given the waiver option again since this is now a new visa.

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Filed: AOS (pnd) Country: Nigeria
Timeline
13 minutes ago, ArianneandTaylor said:

Thanks for that. So you are saying that he can apply for the waiver before he even goes to his interview? The thing is we already cancelled the k1 because we got married anyway last time I was in Australia. He is there and I am in America. At his interview last year he never actually had an interview. Everyone else was sent to the window for interviews and he got called up to a different desk and told he could not interview but that he was eligible to apply for a waiver. I was also under the impression that we could start the waiver process while we wait for uscis to approve the I-130 so that it is ready by the time he goes for the interview, but the lawyer advised that we had to wait until he was given the waiver option again since this is now a new visa.

Whether it be a K1 visa or a spousal visa, the ineligibility would still be waived with an approved waiver.

 

My suggestion would to be to go ahead and file the I-601 waiver and have it processing while your spousal petition is processing.  If not, you're looking at about an additional year after he's denied at his spousal interview.

 

On top of that, he would need a new medical exam because they're only valid for 6 months and he may also need another interview after the waiver is approved depending on how quickly the waiver is adjudicated.

Edited by Unshakable Faith

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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1 minute ago, Unshakable Faith said:

Whether it be a K1 visa or a spousal visa, the ineligibility would still be waived with an approved waiver.

 

My suggestion would to be to go ahead and file the I-601 waiver and have it processing while your spousal petition is processing.  If not, you're looking at about an additional year after he's denied at his spousal interview.

 

On top of that, he would need a new medical exam because they're only valid for 6 months and he may also need another interview after the waiver is approved depending on how quickly the waiver is adjudicated.

Ugh yeah I didn't even think about the medical. I didn't even realize the waiver took that long, I thought it was only a couple months. Thanks for the info and suggestion. I will definitely look into that some more.

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Filed: Timeline
On 6/24/2017 at 10:11 PM, Unshakable Faith said:

Whether it be a K1 visa or a spousal visa, the ineligibility would still be waived with an approved waiver.

 

My suggestion would to be to go ahead and file the I-601 waiver and have it processing while your spousal petition is processing.  If not, you're looking at about an additional year after he's denied at his spousal interview.

 

On top of that, he would need a new medical exam because they're only valid for 6 months and he may also need another interview after the waiver is approved depending on how quickly the waiver is adjudicated.

Did he get a 221G to file with I 601 at his last interview

Go back to where he was  arrested to inquire about his 

arrest and how it was disposed.

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34 minutes ago, Jawaree said:

Did he get a 221G to file with I 601 at his last interview

Go back to where he was  arrested to inquire about his 

arrest and how it was disposed.

Ok the paperwork he was given they checked 212(a) and on the reverse side said he needed an AFP based on finger prints.. I'm not sure what you mean

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