K1 Denied :(

[CBO 15]

The I-601 instructions even state that a fiance is not a qualifying relative and that you can still file the waiver, but it would only be adjudicated when a marriage to a USC was complete.

http://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf

I have learn in certain circumstance a fiance can be a qualifying relative under this statue.

A US citizen fiancé(e) may also be a qualifying relative for purposes of the waiver according to 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

[rade2rising 205]

Will these convictions stop him from coming over on a tourist visa?

Another question, if someone is trying to AOS as a result of marriage to a USA citizen aren't past convictions forgiven?

Just curious

[Harpa Timsah 13,258]

Will these convictions stop him from coming over on a tourist visa?

Another question, if someone is trying to AOS as a result of marriage to a USA citizen aren't past convictions forgiven?

Just curious

1. Yes, at least on the VWP.

2. No, no no no.

[vvvVein 7]

I feel your pain. I am potentially about to run into the same situationas yourself as I have a prior convictions 16 of the same thing in one go which I didnt directly cause myself but didnt stop either from 5 years ago. So im stressing out majorly with my interview coming up. I cant imagine how it feels

[HighlandFling 0]

Thank you all for your positive responses to our predicament. There have been points over the last few days where we thought that that was it, there was no other alternative.

We've had the chance to reflect and look at other options and I really would value your opinions and thoughts on what path we should take next.

Option A

My fiance's employer has offered to submit a work visa petitioning me to come and work for the company (in what capacity and what visa class, we are unsure yet). This seems like a half-decent idea. But my big worry is that it would be automatically denied, seeing as the K1 was recently refused and it would just seem like wasting time when we could really be getting something else done in order to be together.

Option B

My fiance could file for the fiance visa to come to the UK and get married, then file for the spousal visa whilst in the UK. I have checked this option and I do make enough to sponsor her application (no problems there). However, the overall cost of this is around £1500 within the space of less than 6 months. My fiance is also concerned that she doesn't want to be "dead-weight" during this application and being a fiance, she is not entitled to work in the UK until she has been approved as a spouse. The only side-issue with this is that I am not under contract and my wages are not paid into my bank account (but I do pay tax + NI), so the supporting documents could prove an issue. My employer would, if asked, write a bona-fide letter to state that I do make the required income to sponsor and what-not.

Option C

This was an idea that we talked about very briefly earlier and haven't looked into it in great detail. My fiance flies into Southern Ireland and I also fly/drive there and meet up for 2 weeks. During that 2 weeks, we get married and she goes back to the US and petitions for the spouse visa to come to the UK to live and work (on a spouse visa, you can work straight off the plane - if I'm not mistaken?)

We want to do this as legally as possible, so that when we do go to the US, we encounter as few problems as possible, if any. I'd like to hear your opinions and thoughts on what you would do in our situation (without resolving to costly immigration lawyers).

[S-C 21]

1. Yes, at least on the VWP.

2. No, no no no.

No, that's not correct.

For a start, if he applied for a travel visa under VWP, he had to disclose his convictions. Considering they were for Crimes Involving Moral Turpitude, he would have been denied a visa under VWP, and had to apply for a B-2 Visa, which requires an interview at the embassy.

Secondly, he may run into trouble now with his IR-1 application, because not only does he have the convictions for CMIT, but if he has entered the US on a VWP (and they will know this), he has committed visa fraud.

Honestly, OP, you really need to speak to a lawyer. And when you do, be completely up front and honest.

I suggest Steven Heller. He is based in Brighton, however you can Skype with him and he is very quick in responding. An initial consultation will set you back £250, but it is well worth it.

For background, Steven is an USC who previously worked in the London Embassy, and he knows the process inside and out.

[Harpa Timsah 13,258]

No, that's not correct.

For a start, if he applied for a travel visa under VWP, he had to disclose his convictions. Considering they were for Crimes Involving Moral Turpitude, he would have been denied a visa under VWP, and had to apply for a B-2 Visa, which requires an interview at the embassy.

Secondly, he may run into trouble now with his IR-1 application, because not only does he have the convictions for CMIT, but if he has entered the US on a VWP (and they will know this), he has committed visa fraud.

Honestly, OP, you really need to speak to a lawyer. And when you do, be completely up front and honest.

I suggest Steven Heller. He is based in Brighton, however you can Skype with him and he is very quick in responding. An initial consultation will set you back £250, but it is well worth it.

For background, Steven is an USC who previously worked in the London Embassy, and he knows the process inside and out.

Um, everything you said agrees with what I said. So yes, it is correct. Maybe you didn't see what I was replying to?

OP: I think you missed the replies here saying that a waiver for a spousal visa should also apply to a fiance visa. I would chase that waiver down.

Edited February 15, 2014 by Harpa Timsah

[S-C 21]

Um, everything you said agrees with what I said. So yes, it is correct. Maybe you didn't see what I was replying to?

OP: I think you missed the replies here saying that a waiver for a spousal visa should also apply to a fiance visa. I would chase that waiver down.

Right you are! Sorry! Did not read that first sentence properly at all.

[Yuri S 4]

I am sorry to hear about your denial. We have heard of other being denied for that same reason. The top three reasons for denials we have seen are:

1> Not putting previous divorces on i129f

2> Not putting criminal records on i129f

3> Not knowing your fiance

Here is more inforation on it:

The positive news is that there may be another way around this.. the IR-1