K-1 Visa with I-212

[Eden3301 1]

Hi, thanks in advance for reading/helping. 

 

My fiance was deported back in February (2018) for overstaying his ESTA by 67 days. We're starting the process this week to get him back here. We've consulted with a lawyer, though we ended up not being able to hire her fulltime to help us through the journey. 

 

She did help us by writing out the process, which was - file for the K-1. Eventually, he'd go in for the interview where he'd be denied and told he can file the I-212. We'd then wait for the I-212 to get approved, where he'd be able to schedule another interview for his K-1 (without filing for another one) where he would then (hopefully) get approved the second time around. 

 

Does this sound right to you guys? I've also read a few people recommending to file the I-212 first, by itself. Is that possible? To file the I-212 without a visa application? I know the reason we have to wait to file the I-212 until after the K-1 is because we can't apply for it until the consular interview happens and he gets denied. 

 

I just want to make sure I have the right idea. The lawyer mapped it out pretty good but I like to be sure myself too. I should note that the lawyer already confirmed we don't need the I-601. Just the 212. 

[Unlockable 7,306]

Hi,

 

Yeah, the process your lawyer outlined sounds about right. You seem to be on the right path with your research.

 

However, disregard the recommendation to simply file the waiver alone. A person needs a visa to be found ineligible for to be able to apply for a waiver.

 

Good luck to you and stay strong. It is going to be a long journey.

[Eden3301 1]

19 minutes ago, NuestraUnion said:

Hi,

 

Yeah, the process your lawyer outlined sounds about right. You seem to be on the right path with your research.

 

However, disregard the recommendation to simply file the waiver alone. A person needs a visa to be found ineligible for to be able to apply for a waiver.

 

Good luck to you and stay strong. It is going to be a long journey.

Hey, thanks for the response. It's good to hear some reassurance, you know? I am 100% prepared for this long *** journey. :'D I think a good mindset that many users on VisaJourney take (I've been lurking for a while now) is "What is 1-3 years in the face of the rest of our lives together?" 

 

It's the best mindset I could possibly find, at least. Thanks again! I'll disregard the filing I-212 alone. I did notice that the processing time for the I-212 went from 18-24 months to 14-18 months for one of the service centers...so I guess there's that