Jump to content
BA2WA

I-601 waiver for K-1 questions

4 posts in this topic

Recommended Posts

Our K-1 visa was denied because my fiancee overstayed in the U.S and received a 10-year ban.. She left on 12 Oct 05 by her own choice (Immigration was never involved then). The embassy said we can ask for her case to be re-instated AFTER Oct 31st or file a waiver.

We live together in her country, Argentina. The only possible grounds we have for a waiver is that we have had death threats and need to be in hiding until her visa is issued. The embassy is aware of our situation and sympathetic, but says they can do nothing... either wait till the ban expires of file a waiver.

I'm not sure but I think a waiver might not be much quicker than waiting for the ban expiration. And I have no idea how to prove the legitimate threats we've received,or that the person making them has since gotten a gun.

Does anyone have any idea how long a waiver would take, and how we could prove that our lives are potentially in danger? When we filed the initial I-129, we stated that we would need to go into hiding by March 1st, and that is exactly what has happened, so we're not pulling this out of left field suddenly.

Share this post


Link to post
Share on other sites

You're right, a waiver is going to take broadly as long as it will take to wait out her ten year bar.

Certainly there's nothing stopping you from filing the waiver, but if I were in your position I would probably just wait until October and move forward from there.

Waivers seem to be coming in at around 3 - 6 months. I dare say if you filed tomorrow, got it approved by USCIS, who sent it to the NVC, who sent it to the embassy, then you wait on another appointment, you would probably wind up at around September - October.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Share this post


Link to post
Share on other sites

Waiver say 6 months and you are over doing it with the need for death threats. I would say wait it out. By the time you or your lawyer put it together it would be about the same.


“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.”

Share this post


Link to post
Share on other sites

Have you thought about just expediting the waiver process

based on your safety?....can you get a verification of this from

the local police & tried contacting your senator/congress-person

from the last place you lived for help....just a thought

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×