Help on I-601 Waiver

[KASH2011 382]

Hi all,

Urgent help needed,me and my fiancee are waiting for our NOA2 which am sure should be out in less than 2 weeks (as the 5 months in much waiting are about to elapse).

we have just discovered that because i have a criminal record (it might fall under CIMT),there's a great chance that i'll be denied a k1 visa under the inadmissibility line.

My conviction was only a 4 weeks sentence(in 2010) and that makes it sound like i qualify for the Petty Offense Exception and being that its the first crime i've ever committed on spaceship earth but after digging into some info on here, the maximum penalty for my offense is 2 years.

Note: i met ma USC fiancee in 2008 the UK where she still is, i left Uk and returned to Uganda in Feb 2010 after my time in the nick,interview will be held in Nairobi Kenya.

My Questions are:

1.Should i just wait till the interview period to be denied then apply for a waiver?

2.should my fiancee lodge in a waiver now?

3.should we get married somewhere else and the refile for a greencard petition (as a waiver might be considered if we are married)?

Apologies for ranting,any help appreciated in advance.

Thanks y'all

KASH2011

"A Positive Mind Beats It All"

[Used to be broken 143]

My Questions are:

1.Should i just wait till the interview period to be denied then apply for a waiver?

A. You have no choice that is how it is done.

2.should my fiancee lodge in a waiver now?

A. Can't file it now but can start to prepare it now.

3.should we get married somewhere else and the refile for a greencard petition (as a waiver might be considered if we are married)?

A. Depending on the nature of the relationship and length, it may be "easier" to get approved on a married vs fiance petition. CIMT is pretty tricky and is perceived and interpreted differently at the various consulates. It might be hard to define what you need to articulate in the I601 packet without the expert advice of an attorney very experienced in criminal waivers.

Talk to someone to evaluate the case overall for "approvability" so you have a realistic idea of what your chances are going in based on the aggravating factors in your case. Presumably in combination with establishing extreme hardship they can predict the outcome or chances in your case. If its not a winnable case, you and your SO might want to consider alternative options.

Good luck

Edited February 19, 2011 by brokenfamily

[WaitinforHubby3yr 0]

If u anticipate that u may be denied and asked to do a waiver, u should fill the suspected waiver out aheaqd of time. U can have it with u at the interview and if the consular requests one u can submit it along with the fee for it.

Hubby and i suspected that we would be asked to fill out a I-601 waiver due to his overstay (see signature) so we had already filled out the waiver and had the fee money in case. As we suspected he did have to do the waiver so we simply submitted it and paid the fee. We got to do the waiver interview the same day with the same consular so it saved us some time.

[Brad and Vika 129]

Duplicate topic removed