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

Hi everyone, I would appreciate if you can help me keep my faith in this long process. We are not married but have a child together ,met here in the U.S. He got into some trouble last year Nov 2011, and decided to take VD(voluntary departure) back home. My situation is some what hard since I am a single mom, I have not visited him because of economic difficulties, DO YOU think the consulate would accept a (I-601 )hardship letter for the fiance visa even though we are not married???:help:

Edited by chica33
Filed: Citizen (pnd) Country: Ghana
Timeline
Posted

Hi everyone, I would appreciate if you can help me keep my faith in this long process. We are not married but have a child together ,met here in the U.S. He got into some trouble last year Nov 2011, and decided to take VD(voluntary departure) back home. My situation is some what hard since I am a single mom, I have not visited him because of economic difficulties, DO YOU think they would accept a hardship letter for the fiance visa even though we are not married???:help:

If you have seen each other in the last two years, which it seems you have. You do need the waiver. You may need a co-sponsor for I-134 if you don't make enough. But you should be good to go to file your K-1. How was he here before? Is he banned for any amount of time?

Filed: K-1 Visa Country: El Salvador
Timeline
Posted

If you have seen each other in the last two years, which it seems you have. You do need the waiver. You may need a co-sponsor for I-134 if you don't make enough. But you should be good to go to file your K-1. How was he here before? Is he banned for any amount of time?

YOU make me happy, thank you for responding. He was here illegally so he has the 10 year ban.

Filed: Country: Poland
Timeline
Posted

Hi everyone, I would appreciate if you can help me keep my faith in this long process. We are not married but have a child together ,met here in the U.S. He got into some trouble last year Nov 2011, and decided to take VD(voluntary departure) back home. My situation is some what hard since I am a single mom, I have not visited him because of economic difficulties, DO YOU think the consulate would accept a (I-601 )hardship letter for the fiance visa even though we are not married???:help:

If you were married, he wouldn't be eligible for K1.

FIle for K1, but he definitely will need I-601 waiver.

Filed: K-1 Visa Country: El Salvador
Timeline
Posted

If you were married, he wouldn't be eligible for K1.

FIle for K1, but he definitely will need I-601 waiver.

I got a little anxious bacause I spoke to an attorney and he said he had no chance, that the only way would be me traveling and marrying him, after that he said you would file an CR1. thank very much for writing.

Posted

Your I-129F was approved. Have you paid the NVC fees, sent in the packets (DS230 & I-864), and received a visa interview?

08/08/08 Married

11/22/11 Interview in San Salvador

11/29/11 Submitted I-601 waiver

04/16/12 Submitted expedite request

04/18/12 Expedite request approved

05/17/12 I-601 waiver approved

05/27/12 DH enters US as LPR

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Posted

Getting a wavier for hardship based on a financee petition is very hard. The attorney is correc, most consulars would only take the wavier if the petition was for a spouse visa. Not only will you need a wavier for the over-stay, but what was the final outcome of his legal trouble. Was there a charged entered in the court system?

Filed: Timeline
Posted (edited)

Life's journey is correct, will be harder since it's K-1. Also, if he got a criminal charge you may have to get that waived. If it's a crime involving moral turpitude (CIMT) it wI'll not be easy. If it's only the 10 year bar that needs a waiver, you may still find it easier to work out some way to marry him.

Edited by jaejayC
Filed: K-1 Visa Country: El Salvador
Timeline
Posted

Thank you everyone for your thoughts, the charge was dropped and closed. I have paid all my application fees. He went to his first interview, seems like things there in the consular are rushed and thrown, just rude, he wasn't told anything they just took pictures,fingerprints, his forms requested on pack 4. It has been almost three months now, I have not heard anything. I know that when they call for the final interview they'll denied based on grounds of inadmissibility.

Posted

Thank you everyone for your thoughts, the charge was dropped and closed. I have paid all my application fees. He went to his first interview, seems like things there in the consular are rushed and thrown, just rude, he wasn't told anything they just took pictures,fingerprints, his forms requested on pack 4. It has been almost three months now, I have not heard anything. I know that when they call for the final interview they'll denied based on grounds of inadmissibility.

If all documentation was presented there will not be a second interview in ES. They stopped doing two interviews in Sept 2011. If he went to his interview they should of given him a yellow paper saying he is not eligible for a visa but can file a waiver. Otherwise if he was missing documents they give out a piece of paper denoting 221g and you mail that in. After that they'll usually call to tell him to file the waiver and e-mail the instructions.

08/08/08 Married

11/22/11 Interview in San Salvador

11/29/11 Submitted I-601 waiver

04/16/12 Submitted expedite request

04/18/12 Expedite request approved

05/17/12 I-601 waiver approved

05/27/12 DH enters US as LPR

.png

 
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