Apply for K1 visa,but don't know if we should apply for waiver before interview

[eblacki 0]

Hello,

I have filed a K1 visa last November (09) and is petitioning for my fiance who currently lives in Brazil. Everything is going smoothly and his interview is on March 23rd. However, at his medical exam the doctor told him that he most likely won't get it (99%) because he went through the borders 8 years ago illegally. He never got deported or removed or falsely pretended to be a U.S. citizen or lawful permanent resident, and never had criminal problems in his background. He even paid taxes while in U.S. He went back to Brazil almost 2 years ago because we wanted to marry the right way and he be legal. Should he fill out the waiver and present it at the interview for K1 interview. I was also going to write to my congressmen to help us. What should we do to make our chances greater! PLEASE HELP!!

~ eblacki

[Matt & Eliane 0]

I think you should have submitted a waiver with your I129F. Didn't you do that?

[emt103c 10]

The waiver will be needed at the interview. . .it cannot be filed before then. Sounds like he was here >5 years illegally and has a 10 year ban. You are going to have to work very quickly to compile an approveable waiver package before then. . .or you could postpone the interview.

Check out www.immigrate2us.net for more information on what a waiver package entails. . .You are looking for the I-601 for which you must prove that it would be an "extreme hardship" for you the US Citizen if you had to either relocate to live with your husband/fiance or remain in the US without him. . .

Congressman cannot increase your chances of approval in this matter.

[canadian_wife 1,791]

EMT, as always, gives excellent advice. The I-601 cannot be filed before it is requested at the interview.

Take a look at this link to learn about extreme hardship

http://www.visajourney.com/forums/index.php?showtopic=316

I suggest you also seek the services of an immigration lawyer, waiver packets are long and laborious

Good luck.

[eblacki 0]

I didn't know I had to fill it. What waiver should I fill out, is it too late! Is there any hope for us?

I think you should have submitted a waiver with your I129F. Didn't you do that?

[momof1 205]

I didn't know I had to fill it. What waiver should I fill out, is it too late! Is there any hope for us?

the person who said that is incorrect. You cannot file a waiver until a the consular officer finds you inadmissible at your visa interview. Most people are aware of their inadmissibility and are armed with the prepared waiver packet at the interview. Most consulates will allow you to file the waiver immediately after you are found inadmissible while some(mexico for example) require a later appointment to be scheduled.

[eblacki 0]

Thank you for the website, but I want to make sure I understand correctly. I need to only complete the I-601 not the I-212, right? I should try to have it completed and in my fiance's hand when he goes to his K1 interview, right? Also, does he need to fill out anything, like the I-212?

The waiver will be needed at the interview. . .it cannot be filed before then. Sounds like he was here >5 years illegally and has a 10 year ban. You are going to have to work very quickly to compile an approveable waiver package before then. . .or you could postpone the interview.

Check out www.immigrate2us.net for more information on what a waiver package entails. . .You are looking for the I-601 for which you must prove that it would be an "extreme hardship" for you the US Citizen if you had to either relocate to live with your husband/fiance or remain in the US without him. . .

Congressman cannot increase your chances of approval in this matter.

[mrs. wife! 3]

Thank you for the website, but I want to make sure I understand correctly. I need to only complete the I-601 not the I-212, right? I should try to have it completed and in my fiance's hand when he goes to his K1 interview, right? Also, does he need to fill out anything, like the I-212?

If his interview is in March you don't have enough time to prepare a waiver.

You could try to post-pone the interview and hire a lawyer to work on your waiver.

Hardship waiver are not a easy thing to do. It takes time and work.

The consulate in Rio does accept the waiver packet at the interview. Talk to a lawyer and see how long it takes to make one for you, then postpone the interview.

Good luck.

[emt103c 10]

Thank you for the website, but I want to make sure I understand correctly. I need to only complete the I-601 not the I-212, right? I should try to have it completed and in my fiance's hand when he goes to his K1 interview, right? Also, does he need to fill out anything, like the I-212?

If he was deported, you would need the I-212, since he was not, you do not need it.

The I-601 is only the form, the waiver package has to be very detailed and the website that I gave you has tons of information on how to put it together. It is probably going to take too long to do though for it to be ready for the interview. You can postpone the interview, or go and set up a later time to turn in the waiver. Please start reading on the process immediately, it is very complicated.

[canadian_wife 1,791]

Please keep in mind, the I-601 is just a form, the accompanying packet is the daunting part. The entire thing will include the completed I-601, a detailed letter explaining why you cannot move to Brazil and why he MUST come to the USA or you will endure extreme hardship. The latter part is the one that takes a long time and really requires a lawyer

Good luck.