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Filed: AOS (apr) Country: Canada
Timeline
Posted

Unfortunately the process does not work that way. He will be denied the B2 because it requires he disclose past criminal history therefore he is not eligible without the waiver. It makes no sense to file the B2 request without the waiver its a waste of time and energy to file without the waiver paperwork.

Oh okay. I've never had to apply for any visa to visit the US, so I guess I was mistaken. Maybe OP's dad can apply for the B2 and waiver simultaneously.

Good luck to you :)

May 25th, 2010 : Filed I-129F at CSC

June 1st, 2010 : NoA1

June 7th, 2010 : Touch

October 19th, 2010: Touch

October 20th, 2010: NoA2! (141 days)

November 8th, 2010: Received Packet 3 from Montreal

November 10th, 2010: Sent Packet 3 back to Montreal

November 25th: Received Packet 4 & Scheduled interview!

March 8th, 2011: Interview in Montreal - Approved!

April 30th, 2011: Move to CA

May 6th, 2011: Married <3

May 31st, 2011: Filed AOS

June 6th, 2011: NoA1

June 13th, 2011: Received Notice for Biometrics

July 7th, 2011: Biometrics

August 22, 2011: AOS Interview - Approved!

August 29th, 2011: Greencard in hand!

Filed: K-1 Visa Country: Wales
Timeline
Posted

The waiver comes into play when he has interview and is refused the visa, so he can start the process now, making sure he has all the info on his past misdeeds for the interview.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I personally had only my sister and her husband at my wedding. The rest of my family couldn't afford to come to the US for my wedding (also my father is unwell and mum looks after him). Mum was sad of course (not sure if dad really cared too much honestly) but she knew it was visa requirements that I get married in the US.

I don't know many people that think about something that happened so many years ago as affecting them in the here and now. it's quite a common issue actually. They think it happened so long ago so why does it even still count.. but unfortunately it does.

Whether your father attends depends on how you feel about it. For me, there was no choice because of the cost BUT I have to admit if they could afford it but visa issues were getting in the way I WOULD wait as long as I possibly could.. not to mention saving a little bit of extra money is always good.

In all honesty you didn't look into his visa options either. I'm not saying it's your fault but I certainly looked into the options for my family once the K1 process was started to make sure everyone could come. I didn't check into crimes (because I didn't know about any) but I did look into the VWP stuff. I thought about the fact my parents didn't have passport and how long it would take to get them. I looked into ticket costs. I looked into different dates to make the cost less substantial. I like to think I did everything I could to try and get them to come. I looked into doing the wedding over webcam, and what times I would need to get married at to make it an okay time in Australia.

In the end the webcam I read wasn't a good option because what happens if the webcam stream fails (and apparently that's common).. do you pause the wedding while its being repaired? I had the wedding video recorded and of course a copy sent home. My sister and her husband (BIL) read out a speech that mum had written (and it's on the video) and my BIL gave me away and when asked "who gives this woman" he said "Her sister and I do on behalf of her mother and father". They were listed on the invitations and they were listed in the "program".

As I knew my parents couldn't be there I did what I could to involve them. Your father MIGHT be able to come and I think that waiting is a small price to pay.. IF you have a good relationship with him. How would you feel if you find out he could have been approved if only you'd have waited a couple of months and he could have been there if only you'd've been a little patient? I'm sure he didn't do it on purpose and probably thought (like most) that old crimes didn't matter because he's a different person now.

I would start the B2 process now and see how you go. It's a little bit of effort, maybe a little waiting, but talk to him about your deadline and ask him if he'd be okay with not being there. Maybe he could help with paying for a videographer so that he can have a video. Maybe you want to try the webcam thing. I would hope you wouldn't be resentful of a couple of extra months waiting when you have the rest of your lives together and the possibility of your father there on the most important day of your life,.. but only YOU can know if you really would feel that way.

For me, I never planned on another "wedding" (for the same reason you don't want one) but I did plan for an Australian reception.

Good luck with your decision.

Filed: Citizen (apr) Country: Egypt
Timeline
Posted (edited)

All I know that my dad was here in the US for my wedding and it made my wedding all that much more special. Some day your kids will ask you "Why wasn't grandpa there?"

I agree your future wife should come first, but also, parents should be able to attend their children's wedding, you know?

Just do what you feel in your heart that is right :)

Best of luck.

I'd like to add one last thing, I was considering travelling alone without my parents and sisters because of the wait, and I AM VERY happy I did not do that, having my family there made me very very happy and I'm not even that close to them!

Edited by Nermeen&Joe

K1 Timeline
03/08/10 - I-129F packet sent to VSC
07/07/10 - Interview Date - APPROVED!
10/28/10 - POE @ Chicago
11/21/10 - Marriage

AOS, AP, EAD.
01/18/11 - AOS, AP, EAD packet sent
03/07/2011 - Biometrics appointment
03/29/2011 - AOS, AP and EAD approved (After 2.5 months)
04/04/2011 - Green card in hand[/size]

ROC
02/12/2013 - ROC packet sent
02/21/2013 - NOA1 Received
03/09/2013 - Biometrics appointment
06/19/2013 - ROC APPROVED!

N-400 Naturalization

06/20/2014 - N-400 Packet sent

07/15/2014 - Check Cashedarrow-10x10.png

08/04/2014 - Biometrics

02/19/2015 - Interview

03/26/2015 - Oath Ceremony
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Filed: K-1 Visa Country: Cambodia
Timeline
Posted

My personal opinion is you do what makes her happy after all you have to live with her for the rest of your life right, But ask her what she thinks and if she is willing to wait it out and if not just simply express to your father what it seems so many people have forgotten these days it is self responsibility, he did not do what he need to in order to be there. Daniel

Daniel

K-1 Visa

Service Center : California Service Center

I-129F Sent : Feb 9,2011

I-129F Received :In Texas then sent to CSC Feb 11,2011

Check cashed and in Initial Review : Feb 16,2011

I-129F NOA1 Hard Copy : Feb 15 2011

TOUCHED 04/04/2011 Is it wrong to be happy to be touched by a stranger?

I-129F RFE(s) : None

I-129F NOA2 :05/27/2011

NVC Received :06/09/2011

NVC Left : 06/27/2011

Consulate Received : 07/01/2011

Packet 3 Received : 07/18/2011

Packet 3 Sent : 07/19/2011

Medical Exam : 07/19/2011

Packet 4 Received :07/25/2011

Interview Date :09/13/2011

Interview Result : Approved

Visa Received : 09\16\2011

US Entry : 09\20\2011

Marriage :09/22/2011

Filed: K-1 Visa Country: Chile
Timeline
Posted

Have you considered having two wedding celebrations? They would most likely have to be months or years apart, but you would be able to celebrate with your Dad and all of your friends/family that wouldn't be able to come to the States for the "official" wedding. My fiance's dad is also unable to get a visa, and that is what we are planning to do.

It was a tough decision for him, but he told me that now he thinks of me as his family as much as his, if not more than, his dad, and I appreciated it. Good luck in choosing what is best for you!

May 2008- L is pushed into jagged rocks by a 12 ft wave while surfing in Chile. K saves her from certain watery death. Performs CPR and secretly enjoys it.

Sept 2008- L returns to the U.S. to finish school.

Dec 2008- K wins a surfing competition, uses prize money to buy L ticket to Chile.

Jan 2009- L visits K in Chile, 5 months pregnant!

April 2009- future world champion of surfing is born

Nov 2010- engaged!

Nov 28, 2010- petition sent

Dec 3, 2010- NOA 1

Dec 10, 2010- touched

May 6, 2011- NOA 2

May 17, 2011- sent to Embassy from NVC

Filed: K-1 Visa Country: Canada
Timeline
Posted

I'm a dad. I would tell my son to go be with his girl and be happy. You can have another renewal of vows whaen his situation gets sorted out. Your dad would likely tell you the same. Dads make sacrifices for our kids. It's what we do becuase we love you so much :)

October 28, 2010 Mailed I-129F

November 1, 2010 NOA1

February 11, 2011 Touched!

February 18, 2011 Touched again!

March 14, 2011 Touched yet again!

March 28, 2011 NOA2 :) 147 days email & text

April 01, 2011 NOA2 harcopy received

April 04, 2011 package received @ NVC (got NVC case number)

April 06, 2011 Package sent to US Consulate in Vancouver, BC

April 08, 2011 Package received at US Consulate in Vancouver, BC

April 15, 2011 received Package 3 via email

April 15, 2011 Returned Package 3 checklist, DS230, and 156K

April 18, 2011 Interview scheduled for May 5th, 2011

May 04, 2011 Medical @ Woking Clinic: passed

May 05, 2011 Interview @ US Consulate Vancouver: Approved!!

May 12, 2011 Visa received!

May 14, 2011 POE Calgary, then HOME to St. Louis!

May 19, 2011 Now Mr. and Mrs! :)

May 24, 2011 Mailed AOS to Chicago Lockbox

May 25, 2011 AOS rec'd per FEDEX

June 3, 2011 AOS rec'd per USCIS text, I-797 to follow

June 8, 2011 AOS & EAD NOA1 Rec'd hardcopy

June 9, 2011 Biometrics appointment ltr for 6/22 rec'd

June 22, 2011 Biometrics completed

July 22, 2011 AOS Transferred to CSC

July 28, 2011 EAD Approved

Sept. 20, 2011 RFE for medical

Oct. 4, 2011 Mailed RFE back USPS Priority Mail

Oct. 6, 2011 RFE received by USCIS

Oct. 24, 2011 Received "approved" update on USCIS Website :)

Oct. 28, 2011 Received "welcome letter" and "Green Card" on the same day!

One year exactly from filing I-129F to Green Card!

Filed: K-1 Visa Country: Russia
Timeline
Posted (edited)

No question about it, you need to consider your fiancee first! If it were my son I would do everything I could to attend but I would NOT let my son postpone the wedding because I had visa issues! I would suggest you set up a skype connection so that your father can attend electronically if he cannot be there in person. Let him say something, if not during the wedding, at least a toast at the reception. This keeps him involved. Best of luck to you and I hope he gets the visa as well.

Edited by james&olya
Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

So you are seriously contemplating telling your fiancee you are going to delay marrying her OR make her come to you and get married and file for a CR-1, taking another year, because your father did something wrong years ago? :wacko:

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (pnd) Country: England
Timeline
Posted

So you are seriously contemplating telling your fiancee you are going to delay marrying her OR make her come to you and get married and file for a CR-1, taking another year, because your father did something wrong years ago? :wacko:

There is no way in hell i'm filing for a CR-1!! this K1 has taken long enough.

K1 Visa - 2011

AP & EAD - 2012

Adjustment of Status - 2012

Removal of Conditions - 2014

Naturalization - Pending
Filed: Citizen (pnd) Country: England
Timeline
Posted

I'm a dad. I would tell my son to go be with his girl and be happy. You can have another renewal of vows whaen his situation gets sorted out. Your dad would likely tell you the same. Dads make sacrifices for our kids. It's what we do becuase we love you so much :)

But if it was only going to be add a couple months for something which happens just once, would you not want me to make the wait.

K1 Visa - 2011

AP & EAD - 2012

Adjustment of Status - 2012

Removal of Conditions - 2014

Naturalization - Pending
Filed: AOS (pnd) Country: Morocco
Timeline
Posted

Family is important, man. Your Dad is your Dad, he's just as important as a fiancee, and deserves to be able to see this singular moment in his son's life. Think of it this way- you've been waiting about a year to be able to get married. Your father has waited YOUR WHOLE LIFE to see you get married. Don't let him miss out on that.

Filed: Citizen (pnd) Country: England
Timeline
Posted

Family is important, man. Your Dad is your Dad, he's just as important as a fiancee, and deserves to be able to see this singular moment in his son's life. Think of it this way- you've been waiting about a year to be able to get married. Your father has waited YOUR WHOLE LIFE to see you get married. Don't let him miss out on that.

That's a top shout!

K1 Visa - 2011

AP & EAD - 2012

Adjustment of Status - 2012

Removal of Conditions - 2014

Naturalization - Pending
Filed: AOS (apr) Country: Australia
Timeline
Posted

Hey all,

I love this site, and appreciate all of the opinions shared by our VJ Family.

Sometimes people feel passionate about what they are saying, and can upset other users, but believe me when i say, i will not be offended by what you guys say.

Ok so the situation.

Two days ago i was fully expecting to be flying out to be with my fiancee in a few weeks (my interview is in 1 week), but then yesterday i found out about the Immigration and Nationality Act. This act states that if you have been sentenced to any more than 5 years aggregated years then you cannot be given a visa.

26 years ago my Dad was given an aggregate of 6 years 9 months (for theft, burglary, and robbery, and would never have done more than 4 years because it was an aggregate sentence). He was released for good behaviour way before he got close the the 4 years. Since then has not had so much as a parking ticket, and for the last 20 years he has been a Christian Minister.

Now i have to decide whether or not i should wait to see if he is possibly granted a waiver so he can attend his son's wedding, meaning i have to obviously add an unknown amount of months onto how long i have to wait to see my fiancee again. Or if i should just go ahead with the wedding, knowing my dad will not be able to be there with me.

I have been apart from my fiancee for a long time now (and you guys here are the only people who know how agonising it feels), and im feeling really angry that he didnt look into this back 8 months ago when i started my K1 application, so it would be sorted.

i really have no idea what i should do. I guess i'm just asking flat out, what would you do if it was you? (and why if you want extra credit :P )

( to the moderator people, please don't move this topic, i will post another one in the correct place regarding the process of the I-601, Application for Waiver of Grounds of Inadmissibility, but this one is purely to get info from K1 filers. thankyou, josh.)

All I want to add to this is it is your choice of course but your Dad knew about this long ago and this could have all been sorted earlier and you would not be having this issue now. Your fiancee is waiting for you and it's not fair on either of you to have to wait longer. To the person who suggested you go CR1 route bloody stupid comment, you have just been aproved 129f and K1. If your Dad can't get this sorted now within a month sorry I would tell you go be with your fiancee and marry her. This is your life he has had his and now its' your turn. he can come over later if he gets a visa and spend time with you then. Just my opinion.

Divorced !st November 2012.

Married only 2 years 1 month

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I think this info is incorrect if I understand the original OP question correctly. they want the non-citizen father to attend a wedding in the US? If that is the case the I601 might not be the right vehicle. That would be attached to an immigrant VISA. for a non-immigrant VISA a 212(d)3 is the appropriate path. This usually does not take as long as the I601 thankfully. If he can prove ties to his own country and rehabilitation there is a chance of approval. I have seen these being approved in as little as 3 weeks from submission .. see I601 forum for a poster who had one approved.

(snip for brevity)

Good point, thank you. Do you have a link for the application process?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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