K1 recipient didn´t overstay but did work unauthorized on B2

[TBoneTX 43,413]

Have you read up on Ecuador´s reputation for interviews? There is NO level of preparing that is sufficient. And suprises, confusion, and unexpected events are the standard for even a simple clear-cut case.

Thanks to all of you for the advice. VJ is a blessing. At this point, yes, we will consult with an attourney.

S.: I continue to feel your pain. Laurel Scott refused to tell me whether she had experience with Guayaquil & was quite dismissive of my questions, so consider avoiding her. Did I send you the contact poop on the big firm that was supportive to me, including the attorney there who used to be a vice-consul in Caracas? If not, send me a PM.

[spookyturtle 9,465]

S.: I continue to feel your pain. Laurel Scott refused to tell me whether she had experience with Guayaquil & was quite dismissive of my questions, so consider avoiding her. Did I send you the contact poop on the big firm that was supportive to me, including the attorney there who used to be a vice-consul in Caracas? If not, send me a PM.

No lawyer is perfect, but you will find that an overwhelming majority will recommend Laurel as one of the top waiver lawyers in the country, including other lawyers.

[emt103c 10]

Have you read up on Ecuador´s reputation for interviews? There is NO level of preparing that is sufficient. And suprises, confusion, and unexpected events are the standard for even a simple clear-cut case.

Thanks to all of you for the advice. VJ is a blessing. At this point, yes, we will consult with an attourney.

There are no guarantees in processing anywhere when it comes to immigration, but what you are saying does not necessarily disagree with what I posted to you. Adjudicators have to follow the law, but there is a lot of discretion in 601/Hardship waivers. If your spouse is not legally obligated to file a 601, they cannot make him and you need to know that.

You need to read up on the Adjudication Process of the I-212. . .if that is all you have to file, it doesn't even go through Ecuador. . .

[Bobby+Umit 161]

Not sure what you are not in agreement with here, I am saying exactly what you just said.

...That this OP should not make a misrepresentation. Since there is a need for a waiver here, no sense in rushing into the process before they talk to an attorney.

*this is not legal advice and I am not "pro-attorney, it is a high stakes game and effects family unity so protect your hindquarters is my only advice

This part of your post:

There is no "rewards" for honesty with DHS period

Honesty is still the best policy. (I thought it was strange, because you said the opposite in the rest of the post. That is why I bolded the part I didn't agree with )

[esperanza Ecuador 0]

There are no guarantees in processing anywhere when it comes to immigration, but what you are saying does not necessarily disagree with what I posted to you. Adjudicators have to follow the law, but there is a lot of discretion in 601/Hardship waivers. If your spouse is not legally obligated to file a 601, they cannot make him and you need to know that.

You need to read up on the Adjudication Process of the I-212. . .if that is all you have to file, it doesn't even go through Ecuador. . .

Obviously, at 3.5 months out from the NOA1, if we get an RFE or refusal from California Service Center, the I-212 will go there. Assuming we get an NOA2 from California, wouldn't we want to submit the I-212 to Guayaquil, Ecuador right away, knowing in all likelyhood they will ask for it at the interview? It says on I-212 instructions that you can submit in this manner:

1. If you are abroad and intend to apply for an immigrantvisa, submit the application to the District Director or Field Office Director of U.S. Immigration andCitizenship Services (USCIS) of the district where your removal or deportation proceedings were held, unless youare concurrently applying for a waiver of inadmissibility under section 212 (g), (h) or (i) of the Immigration andNationality Act (INA), as amended.

2. In the latter event, this application should be filed with the American Consul with whom you are filing yourapplication for a waiver of the grounds of inadmissibility. If you are abroad and intend to apply to an AmericanConsul for a nonimmigrant visa or a border crossing card,this application should be filed with the American Consulwith whom you are also filing your application for anonimmigrant visa or border crossing card, if requested to do so by the Consul.

As I will be in Ecuador such a short time period, would it not be best to have all the information the US Consulate there will likely request IN THEIR HANDS as we go to interview. I need to attend his first interview, per interview Norms in Ecuador, and if not present at a second interview for follow up on the I-212, it could effect us with this Consulate. If asked for in Ecuador, and not completed prior to the K-1 interview, I worry it will require a second interview, and at this Consulate, my lack of attendance at any interview is a concern.