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Faith77h

K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?

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Hello, 

I need your opinion or sharing of your insights.

 

I just got denied k-1 Visa as expected. I was given a 2-page letter indicating the section 212 (a)(9)(a)(i). Thr Second page said that  I'm " INA 212 (a)(9)(a)(i) ineligible with a ban or reentry to hr USA until ... No waiver is available. But applicant may apply for entry per 212 (a)(9)(a)(iii). Approved 212-permission to reapply removes this ground, but not tjr circumstances which led up to it." 

 

I did get deported, and tourist visa cancelled. 5-year band.

 

I dont understand why the consul said ' no waiver is available'? 

After reading and research, I think 212 needs to applied with 601?

Thanks in advance for insight.

 

Mom and toddler.

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I have no experience with the 212 but maybe this will help clarify some of the confusion because the 212 and 601, though both waivers, clearly have different purposes:

 

"The I-212 waiver only gives you permission to apply for admission with an immigrant visa or nonimmigrant visa, through the Visa Waiver Program, or by adjustment of status if you are physically in the US.

 

The waiver alone is not enough to gain lawful admission to the U.S.

 

If your I-212 waiver is granted, your prior visa status is not restored. Instead, you merely have permission to apply for a new visa. For example, if you previously had lawful permanent residence based on marriage to a U.S. citizen, but were removed from the U.S., you must seek a new immigrant visa after the I-212 waiver is granted"

 

So if this makes sense to anyone else please chime in, what I gather is there is no waiver available for your previous deportation issue or to remove the 5 year bar but you can apply for a 212 waiver and if granted it would allow you to reapply for a new k1 visa.

 

Good luck - I hope you're successful in this endeavor!

 

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Thanks a lot HoosierEh. 

Still confused and waiting for more advice.

More info : 

- I'm currently not in the US.

- filed K1. Went to interview and got denied. 

- when I was deported. That was then my tourist visa was cancelled.

- after deportation, a boyfriend agreed to make the right path through K1. So we filed it in June. Just went to interview today. Got denied. 

So I am seeking advice and would like to proceed soonest so my 16 months old baby gets to reunite with her dad.

 

Thanks much again.. 

 

J. 

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Thanks a lot HoosierEh. 

Still confused and waiting for more advice.

More info : 

- I'm currently not in the US.

- filed K1. Went to interview and got denied. 

- when I was deported. That was then my tourist visa was cancelled.

- after deportation, a boyfriend agreed to make the right path through K1. So we filed it in June. Just went to interview today. Got denied. 

So I am seeking advice and would like to proceed soonest so my 16 months old baby gets to reunite with her dad.

 

Thanks much again.. 

 

J. 

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6 hours ago, Faith77h said:

Hello, 

I need your opinion or sharing of your insights.

 

I just got denied k-1 Visa as expected. I was given a 2-page letter indicating the section 212 (a)(9)(a)(i). Thr Second page said that  I'm " INA 212 (a)(9)(a)(i) ineligible with a ban or reentry to hr USA until ... No waiver is available. But applicant may apply for entry per 212 (a)(9)(a)(iii). Approved 212-permission to reapply removes this ground, but not tjr circumstances which led up to it." 

 

I did get deported, and tourist visa cancelled. 5-year band.

 

I dont understand why the consul said ' no waiver is available'? 

After reading and research, I think 212 needs to applied with 601?

Thanks in advance for insight.

 

Mom and toddler.

The obvious answer is having your fiancé come to you.

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8 hours ago, Faith77h said:

Hello, 

I need your opinion or sharing of your insights.

 

I just got denied k-1 Visa as expected. I was given a 2-page letter indicating the section 212 (a)(9)(a)(i). Thr Second page said that  I'm " INA 212 (a)(9)(a)(i) ineligible with a ban or reentry to hr USA until ... No waiver is available. But applicant may apply for entry per 212 (a)(9)(a)(iii). Approved 212-permission to reapply removes this ground, but not tjr circumstances which led up to it." 

 

I did get deported, and tourist visa cancelled. 5-year band.

 

I dont understand why the consul said ' no waiver is available'? 

After reading and research, I think 212 needs to applied with 601?

Thanks in advance for insight.

 

Mom and toddler.

I would imagine the reason they state "no waiver is available" is because there is no waiver you can apply for that would allow for this application to be successful.

 

You can, however, apply for the I-212 which, if approved, will allow your fiancé to file another K1 petition. I'm not sure why you didn't think of doing this before -- you (presumably) knew you were deported and thus had a 5 year ban. It's probably a good time to enlist the services of an immigration attorney to help you succeed.

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1 minute ago, Brit1 said:

I would imagine the reason they state "no waiver is available" is because there is no waiver you can apply for that would allow for this application to be successful.

 

You can, however, apply for the I-212 which, if approved, will allow your fiancé to file another K1 petition. I'm not sure why you didn't think of doing this before -- you (presumably) knew you were deported and thus had a 5 year ban. It's probably a good time to enlist the services of an immigration attorney to help you succeed.

I think that we need a bit more information as to why OP was deported in the first place.  If any overstay, a k1 cannot overcome that.

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why did u expect to get denied? what embassy? how strong was ur petition? more info needed


 

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With only the detail you provided it looks like you will have to wait out the ban. As mentioned, a waiver only allows you to APPLY for a visa again. It doesn't mean you will get approved.

 

An immediate options is to have your fiance come to you to live.


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You can over come this but like said you need to apply again after the waiver is granted... if it is granted.

 

Easiest solution probably yes is have your fiance move to you.

 

 


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I am sorry you were denied.  Why were you deported?  I think that will have a greater impact on your case.

 

Good luck 


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Sounds like just a solo i212 is needed based on the limited information provided


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I think if you tried the CR-1 route you are going to get the same result. So, I have to agree best course might be boyfriend move to where you are or a third country. 


 
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We deny people 91A every day. They come back in 6 months with their approved waiver and get their visas. Even K1 applicants. 

 

Your fiancé can apply for the I-212 waiver for you, or you can wait out the 5 year ineligibility. K1 beneficiaries are technically not eligible for waivers of unlawful presence or prior removal under the letter of the law, but USCIS has interpreted their regulations to permit waivers for K1s. Whether you choose to pursue the waiver or wait the 5 years, your fiance does not need petition for you again (unless you marry and decide to pursue CR1) - you would just need to schedule a new appointment and pay the appointment/visa fee again. Definitely a good idea to consult a lawyer.

Edited by ConOfficer

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