Withdraw I-129F and I-212?

[cd1111 0]

The lawyer we talked to is suggesting that we withdraw both our I-129F and I-212 applications, get married and file I-212 with spouse visa.

We are close to getting approved with I-129F, but no news at all about my I-212 for 6 months now. We don't have receipt notice and no file of my application can be located in CSC.

We have no problem about getting married, although I might need to move to a country close to Texas so he can visit me more often until I get a visa to be with him in US.

Do you have a good advice or suggestion?

Thank you in advance.

[kitkat1 5]

The lawyer we talked to is suggesting that we withdraw both our I-129F and I-212 applications, get married and file I-212 with spouse visa.

We are close to getting approved with I-129F, but no news at all about my I-212 for 6 months now. We don't have receipt notice and no file of my application can be located in CSC.

What is the lawyer's reason for suggesting this? It doesn't make a lot of sense to me to suggest that you start over again with a new petition after the time and effort you've already put into it.

I know I've said this many times before in regard to your 212 waiver - it makes no sense to me that it was filed in the US since normally in your situation it is filed at the consulate immediately following the visa denial. Unless your lawyer thinks the 212 waiver has a much higher liklihood of approval if you are married, I would not withdraw anything. Instead, I would assume that you will be filing the 212 after the visa denial. And if that is indeed the case, refiling for a spousal visa at this point will simply add more time to your waiting.

Hope you figure it all out!

[Canuck Carrie 1]

I too am confused about the I-212 being filed prior to the Visa denial. From the USCIS I-212 instructions

"If you are abroad and intend to apply for a nonimmigrant visa or border crossing card, submit this application to the American Consul with whom you submit your visa or crossing card application, if instructed to do so by the Consul."

http://www.uscis.gov/Graphics/Formsfee/Forms/i-212.htm

[cd1111 0]

The lawyer said that we don't have a strong evidence of hardship, since being a fiance is not considered a family. Also, we can't use the argument that I don't have family here, because my Mom is unlawfully present in US (eventhough 2 of my brothers are LPR in US and 1 is an Australian citizen). He confidently said that my I-212 petition will be denied with fiance visa application and that the only way to get approved with I-212 is to file it with spouse visa application. He didn't say it was wrong to file ahead, although I think I have given you my reason why I did that. He mentioned a 1 to 2 years waiting time for the entire application.

With this being heard from an immigration expert, who's also charging us $12.5K for it, I really have felt dismayed now. My situation has been stressing me for almost 3 years already, and so what I am thinking is just to wait for my 5 year ban to be over (which is about 2 years and 4 months more).

We can withdraw the I-212 application now (since CSC seems to have lost it) and refile it during my interview, if my I-129F gets approved. The only concern I have with this is the long wait again, without assurance that we will get approved in the end. This also delays our marriage and does not allow us to start a family (well, i mean legally). Unlike "if" we withdraw both of our applications (for example my K-1 visa was denied and I need to refile I-212), we can get married and start our life together, then we can file for the spouse visa and just wait for 2 more years to be together in US, without worrying about I-212 anymore. Also, being married to a USC while living in another country, other than US, gives me some sort of protection, especially if we want to have a baby. I hope this makes sense.

Anyway, just to add information on my current argument for I-212. We only have his job being a landman in Texas, my future work as a nurse in US, and my good moral character from the period I was expeditiously removed as our good arguments, other than that, there is no really extreme hardship except for us being apart physically.

Just right now, I am undecided whether to withdraw it or wait a little longer or take the risk. Thanks for your responses, and any other opinions, advices or suggestions are welcome.

[kitkat1 5]

I don't recall the circumstances for why you need a waiver. Maybe your reason for inadmissability is something unusual or different from most. But generally waivers are adjudicated identically for fiances or spouses, according to the law.

The hardship letter for a waiver is almost always written by the USC fiance or spouse, detailing the hardship he would face if your visa was denied and as a result he had to move to your country. It is not generally written by the applicant detailing hardship they would face if they are not admitted to the US. Therefore, your ties to your family here don't come into play. Hardships in this situation are things like: not speaking the language and therefore not able to find a job, crime rates in your country, unemployment rates in your country and how difficult it would be for him to find a job, health insurance/social security/401K retirement benefits that he would lose if he had to move, healthcare in your country vs. US especially in regard to his health and the need for any medication, his financial situation in the US, mortgages, debt that could not be repaid and affect his credit standing, ties to his family in the US, especially if he provides care or financial support for anyone, etc. If you think about it from a logical point of view, it's not very difficult to come up with a list of strong hardships for anyone facing a move to another country where they are not from, have no family or friends, and do not speak the language. Along with the letter you provide strong documentation to support the claims.

I am a rather shocked that your lawyer hasn't explained this to you, especially for the outrageous money he is charging you. Also, if he confidently said that your 212 will be denied, why did he suggest you file it in the first place? Perhaps you hired him after that fact but either way, I don't think he's very qualified I'm sorry to say.

The most important information you need to know is what are the approval and denial rates for 212 waivers filed in your country. This would be the most logical place to start to guide your decisions. If you learn that the majority of waivers are indeed denied, it would make sense to find a way to wait out the next 2 years and 4 months in a different country and avoid this all together. If waiver approvals are decent, why not wait until your I-129F is approved (they are rarely denied unless you have not met in person in the past two years or haven't provided the required evidence) and then submit the 212 after the denial at the interview? You've come this far, seems like it may be worth it.

I'm not a lawyer but I've read enough about waiver processing and hardship letters to have a reasonable understanding of how they work. I've also done lawyer consulations and written my own hardship letter for my fiance's benefit. Unless there is something extremely different or unusual about your case, what I've described is how it works. I'd be curious to hear what your lawyer's response is to this information.

Best of luck

[cd1111 0]

Kitkat1,

My case is nothing extraordinary, but yes the approval rate for waivers in the Philippines is farely low. To recapitulate my case, I was denied entry at the San Francisco Int'l airport. Upon questioning, I admitted working on my tourist visa on my previous visit. They documented everything and had me sign the papers and took my fingerprints. They cancelled my visa and wrote ER 212(a)(7)(A)(i)(I) and 22 CFR 41 122 ( h )(3) and my A-file number. Other than that, I have not overstayed my visa and I have not committed any crime.

I am just curious how we can apply for a waiver if my K-1 visa application is denied? Don't they send back your application to USCIS for revocation of approved I-129F if your K-1 visa is denied?

I have another question, what if I relocate to another country (for example I want to work as a nurse in another country), can we request for change of US consulate/embassy? Nurses here only get like $150 for government hospitals and about $200 - $250 for private hospitals per month. This is another reason why relocation is being considered after I graduate this October.

Anyhow, I will let my fiance read your response and discuss this with him. Thank you very much.

[dwar49 0]

As Kitkat said,

Normally you submit the I-212 or I-601 at the foriegn national's consulate interview, after you are denied because of ineligibility for a visa.

I really agree with her also in that you have spent alot of money on a lawyer who has not done his job and explained the procedures and regulations to you.

I would be damned if I would pay anyone 12K+ and still have to go to a message board to ask questions. A lawyer should have explained all your options (under the law) and advised you of which would probably be the best solution. It sounds like he is just jacking you around trying to up his bill even further.

Remember a law degree does not confer moral and professional ethics on anyone. A lawyer can be just as wrong and just as much of a con man than anyone else.

Really recommend you sit down with him and demand that he explain all your options and all the procedures so that you can decide which is best for you.

[kitkat1 5]

It's unlikely that your K1 application will be denied - I would not be concerned about that since the only reason for denial normally is when you have not met the requirement of having met in the previous two years.

I'm not sure what happens to your application when you move to another country. My assumption is that it has to be processed in the Philippines.

If your attorney really believes that you have slim chances at waiver approval in the Philipines, maybe you are simply better off to wait out the time period - it could save you a great deal of money and stress.

[cd1111 0]

It's unlikely that your K1 application will be denied - I would not be concerned about that since the only reason for denial normally is when you have not met the requirement of having met in the previous two years.

I'm not sure what happens to your application when you move to another country. My assumption is that it has to be processed in the Philippines.

If your attorney really believes that you have slim chances at waiver approval in the Philipines, maybe you are simply better off to wait out the time period - it could save you a great deal of money and stress.

Should I withdraw my pending I-212 petition and wait for the consul to ask me to file it through him/her during my interview? I think we will be fine with the I-129F. What makes me worry is my I-212. If so, does it require me to stay here until it gets approved (I-212) or I can live in another country and just come back for the interview?

[aussiewench 9]

It's unlikely that your K1 application will be denied - I would not be concerned about that since the only reason for denial normally is when you have not met the requirement of having met in the previous two years.

I'm not sure what happens to your application when you move to another country. My assumption is that it has to be processed in the Philippines.

If your attorney really believes that you have slim chances at waiver approval in the Philipines, maybe you are simply better off to wait out the time period - it could save you a great deal of money and stress.

I know you do know this but just to clarify for those reading. It is not the K1 application you refer to but the I-129F petition that can be denied at service center level if one doesnt meet the requirements of having met.

As for the waiver. In many cases lawyers are able to submit forms etc together, an option not open to the general public. Perhaps this is the case with the waiver as well, I do not know.

A lawyer also is generally privvy to complete information that we generally arent privvy to on a msg board. Im not saying that this lawyer is right or wrong in what he/she is suggesting, only that we dont have all the information. Waivers are not always easy to have approved depending on the circumstances. In some circumstances being married would assist in having such a waiver granted.

cd1111

Was it this or another lawyer that filed the waiver in the first place in conjunction with the I-129F or did you do that yourself? Im a little confused by your post as their is missing information.

[cd1111 0]

It's unlikely that your K1 application will be denied - I would not be concerned about that since the only reason for denial normally is when you have not met the requirement of having met in the previous two years.

I'm not sure what happens to your application when you move to another country. My assumption is that it has to be processed in the Philippines.

If your attorney really believes that you have slim chances at waiver approval in the Philipines, maybe you are simply better off to wait out the time period - it could save you a great deal of money and stress.

I know you do know this but just to clarify for those reading. It is not the K1 application you refer to but the I-129F petition that can be denied at service center level if one doesnt meet the requirements of having met.

As for the waiver. In many cases lawyers are able to submit forms etc together, an option not open to the general public. Perhaps this is the case with the waiver as well, I do not know.

A lawyer also is generally privvy to complete information that we generally arent privvy to on a msg board. Im not saying that this lawyer is right or wrong in what he/she is suggesting, only that we dont have all the information. Waivers are not always easy to have approved depending on the circumstances. In some circumstances being married would assist in having such a waiver granted.

cd1111

Was it this or another lawyer that filed the waiver in the first place in conjunction with the I-129F or did you do that yourself? Im a little confused by your post as their is missing information.

aussiewench,

I filed the I-212, myself, ahead of I-129F, with the consent from the DHS office at US embassy, Manila. It was declared that it was being filed in pursuant to my fiance's K-1 visa petition. I am having problem with my I-212, as I did not receive any receipt notice even if they cashed my check fee, and CSC seems to have lost my application, because no one at CSC can find my file in their system. This is why we are seeking help from a lawyer now.

[kitkat1 5]

Should I withdraw my pending I-212 petition and wait for the consul to ask me to file it through him/her during my interview? I think we will be fine with the I-129F. What makes me worry is my I-212. If so, does it require me to stay here until it gets approved (I-212) or I can live in another country and just come back for the interview?

My understanding is that your need for a waiver is because you cannot currently legally enter the US. It therefore should not impact your ability to go to another country during the processing and return for the interview date, depending on the entry rules for the other country. I am not aware of any regulation in the 212 waiver that requires you to remain in the country you are from during processing - only that you do not attempt to re-enter the US.

I don't know if you are allowed to submit two I-212 waivers at the same time - meaning one in process in California and another submitted post visa denial in the Philippines. I would hope your lawyer can clarify this for you as well as explain whether or not you should submit a hardship letter with evidence to support your 212 application in the US.

As a general rule, waiver applications are submitted at the US consulate in the petitioners home country after visa denial. This is because they are submitted in conjunction with a particular immigrant or non-immigrant visa. Being married can certainly assist in proving hardship to the USC citizen, however, according to the law waiver processing is identical for fiances and spouses. Consider the low approval rates in the Philippines, it seems that you should do anything you can to strengthen your arguments. However, if processing times are long, you may be better off waiting it out rather than starting all over with a K3 and new waiver submission.

Hopefully your lawyer can answer these questions and provide some real guidance on your best course of action based on your situation and your country.

[cd1111 0]

The lawyer we talked to is suggesting that we withdraw both our I-129F and I-212 applications, get married and file I-212 with spouse visa.

We are close to getting approved with I-129F, but no news at all about my I-212 for 6 months now. We don't have receipt notice and no file of my application can be located in CSC.

We have no problem about getting married, although I might need to move to a country close to Texas so he can visit me more often until I get a visa to be with him in US.

Do you have a good advice or suggestion?

Thank you in advance.

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Here's my update....we sought a second opinion, and this lawyer makes more sense than the first one, so my fiance wants to hire her. We will wait for my I-129F approval, then the lawyer will take care of my I-212 until I get my K-1 visa. She said she will refile my I-212 and request for an expedited processing, since CSC lost my original application. It's good that CSC lost my original I-212, then they would not have the chance to look at it, as it was not properly documented. She said that there is only 10% of approval rate in the Philippines, but I-212 has a better chance for K-1 than K-3 in my country. If we want to pursue K-3, then Mexico will be my best option for relocation, as it has 90% of approval rate for waivers.

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Kitkat1,

For your question about filing it ahead and directly to SFDO, L.S. said it was a good idea that we did that. She will refile my I-212 at CSC, as it is where it was supposed to be processed if they did not lose my application.

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I will keep you posted. Please help us pray for my I-212 and K-1 visa approvals.