I-601 WAIVER UPDATES

[Bte 3]

19 minutes ago, Boiler said:

Well they are not reevaluated, just left to expire, but it does sound like no misrep finding was made. They did not need to.

I know it’s just left to expire. They didn’t give me any misrep form/ letter. The only letter I was given was to provide more evidence and/or refute the officers findings. We just want to make sure we take care of all the red flags before the interview 

[Boiler 43,438]

You are a bit of a VJ guinea pig , something that has been discussed but to my knowledge we have not had somebody tell us how this went and what is the best method of dealing with this.

[Bte 3]

5 minutes ago, Boiler said:

You are a bit of a VJ guinea pig , something that has been discussed but to my knowledge we have not had somebody tell us how this went and what is the best method of dealing with this.

Please can you post links to it? 

[Boiler 43,438]

Nothing to post a link to.

[odie85 0]

So based on my research and reading on these forms, it seems that waivers are almost impossible now. They take almost a year and then another long wait for another interview. Is it worth it? Even with a good lawyer? Life has already been on hold for most people for years. The anxiety and worry cause major problems for beneficiary and applicant which is what you're trying to prove will happen if you don't get the Visa. Isn't that just insanity? 

[Boiler 43,438]

Pretty much the same as it has always been, most waivers are approved, depends if you want to move to the US if it is worth it. Certainly a factor that could tip the balance in deciding who is the one to move, can see that.

[odie85 0]

37 minutes ago, Boiler said:

Pretty much the same as it has always been, most waivers are approved, depends if you want to move to the US if it is worth it. Certainly a factor that could tip the balance in deciding who is the one to move, can see that.

Most waivers get approved? 

[Boiler 43,438]

Yes

[Oko Vicki 54]

On 2/8/2020 at 11:31 PM, Oko Vicki said:

I am in almost the same situation as @Bte, my ex-wife gave me fake divorce papers (this was submitted in court as exhibit in new divorce case) in January 2018 which silly me did not verify, filed for K1 in November, interviewed in June 2019 and denied in October after AP. It was consulate's response to my USC partner's Senator office's enquiry that made me know my divorce certificate was counterfeit. 

I involved family lawyer, lawyer initiated a divorce process October 2019 (final judgment is slated for February 24, 2020), we plan to wed after that and file I130.

Is it possible to escape a waiver or is a waiver a must after being approved for a visa? We just want to know what to expect. Thank you.

Hi guys, divorce judgment is passed and I am now legally free to marry. 

Looking at the IR1/CR1 processing time, my partner wants us to go again for K1 since it is quicker, is this advisable since we have been denied once?

Have there been people who reapplied for K1 and got approved?

I'm in sixes and sevens over this, please advise.

@Boiler @geowrian

[Boiler 43,438]

CR1 may be slightly longer but much safer.

[Oko Vicki 54]

Please, could you elaborate on 'safer'?

[Boiler 43,438]

Much more likely to be successful in the long run. K1's can easily be returned to die and another year is lost.

[NigeriaorBust 4,087]

K1 has limits on reviewability and you have to file AOS / AP-EAD to be able to work.  Only in rare cases like mine does it make sense.  (  I work for a company that has issues if you have a spouse residing in a foreign country )

[Oko Vicki 54]

14 minutes ago, Boiler said:

Much more likely to be successful in the long run. K1's can easily be returned to die and another year is lost.

Thanks for explaining. I guess it's CR1 then.

10 minutes ago, NigeriaorBust said:

K1 has limits on reviewability and you have to file AOS / AP-EAD to be able to work.  Only in rare cases like mine does it make sense.  (  I work for a company that has issues if you have a spouse residing in a foreign country )

Yeah. But I dread that long processing time. Geez!!! 

Thanks for your responses guys.

[geowrian 22,335]

I'd concur with the CR-1 suggestion. An I-129F will sit to die if returned. A returned I-130 can be reaffirmed.