601 and 212 waiver needed?

[gilkayo 0]

Hi there,

I have quite and interesting situation. I am a Canadian citizen (currently living in Canada with my son) married for over 3 years to an American. I had been traveling across the border almost weekly to visit my husband before I over stayed a visitors visa and was given a 5 year bar under a 212(a) 7(A)(i)(I) section. I was given an Expedited Removal form and asked to leave the POE by car and go back to Vancouver. I am currently trying to figure out which of the forms 601 or 212 (or both) I should be filling out.

I have read that because of my situation and driving to the border from an adjoining country to the US that I may only need to have a valid visa and I don't need to fill out the waiver? Does anyone have any information on this?

Also, can you tell me if I will need to fill out BOTH the forms or just the 212? Is it also possible to apply for the waiver while I am apply for my K/3 visa?

We have waited 7 months to see if we could get any sort of pro bono help in this matter and were denided for help. We can't afford a lawyer.

[Candexan 2]

Hi there. So sorry this happened to you. I know exactly how you feel as the same thing happened to me. I believe you have to fill out both. And file them when you go for your visa interview in Montreal. I am under the understanding that when I go for my visa interview I will be automatically denied because of the 5 year ban. Then while I am there I file the waivers. I am going through an attorney in Texas and this is how I understand it.

[Nattychic 1]

I'm not Canadian but like u I did over stay my visa and I went to the visa interview and now I am awaiting my results for the I-601 waiver.

[gilkayo 0]

I guess I am most confused as to why I would fill out the 601 when I have not been convicted of anything (previously or when the bar was implemented). They did not charge me with fraud. From what I have read on the USCIS site and a few other lawyers you don't need to be applying for your k/3 visa to apply for the waiver in cases that you are at an adjoining border to the US. Although, having proof that you DO plan to cross legally is a great way of proving you're not just going to cross and over stay again.

I am wondering wouldn't it be faster to start application for my K3 and then once I get receipt of application apply for my waiver with proof that steps are being taken to acquire the proper documentation to cross legally? Would this not save SOOOO much time??? I don't see anything that states I must be denied before I can apply.