Wait the 5 year bar instead of apply for waiver for k1?

[Samtel 1]

Hello everyone,  i would just like to ask if ever we got refuse for k1 and need a waiver like i-212 bcos of 5yr bar, is it going to expire if we will not file for a waiver, and instead just wait for the 5year bar to be over.  Cos we are aware that waivers can take long to process bcos of backlogs. 20.5mos for the process of 212 waiver from uscis website.

nov 2020 expedited remove for inadequate documentation 5 year bar

Jan2021 my fiance applied k1

2 years since my ban. 

Thank you for your time reading. 

Edited February 6, 2023 by Samtel
Additional info

[Boiler 45,649]

Yes you can wait it out.

[Pinkrlion 2,724]

Your 5 year ban has to be ended before they will approve K-1

[SteveInBostonI130 3,467]

Better use of the waiting time is to get married and file for a spousal visa.  Then, after the bar, you can enter as IR1 and get a 10 yr GC.

[Samtel 1]

6 hours ago, Boiler said:

Yes you can wait it out.

 

Yes thats a consideration now to wait for the ban to expire. Instead of spending a lot on a waiver thru a lawyer. Thank you for the suggestion.

[Samtel 1]

6 hours ago, Pinkrlion said:

Your 5 year ban has to be ended before they will approve K-1

I understand that now. The lawyer we consulted advise us to file k1 instead of marrying in my country and file spousal petition. We are not aware of the backlogs that time.

[Samtel 1]

6 hours ago, SteveInBostonI130 said:

Better use of the waiting time is to get married and file for a spousal visa.  Then, after the bar, you can enter as IR1 and get a 10 yr GC.

That means my fiance has to withdraw our k1 application. He spend a lot for that filed by lawyer. Maybe we’ll just wait for the outcome on my interview. Then if we are ask by the CO to file waiver.  I dont know what will happen to our k1 if we dont comply, maybe it will expire😔

I dont want to consult our lawyer that filed the k1, cos the last time i ask questions he is charging my fiance for consultation fee. 

[SteveInBostonI130 3,467]

1 hour ago, Samtel said:

That means my fiance has to withdraw our k1 application. He spend a lot for that filed by lawyer. Maybe we’ll just wait for the outcome on my interview. Then if we are ask by the CO to file waiver.  I dont know what will happen to our k1 if we dont comply, maybe it will expire😔

I dont want to consult our lawyer that filed the k1, cos the last time i ask questions he is charging my fiance for consultation fee. 

 

Did you or your fiance inform the lawyer of your ban?  If so, did he tell you the steps you had to take, if a waiver is available, and the chances of a waiver being successful?

 

Basically, did he explain the entire process?

[Crazy Cat 41,974]

4 hours ago, Samtel said:

The lawyer we consulted advise us to file k1 instead of marrying in my country and file spousal petition

I would fire that attorney.

[Verrou 1,962]

better get married and later file spouse visa. not good idea to file for K1, because later on have to file AOS. more expensive and time consuming

[Cathi 5,769]

Time and time again we see so called "immigration" attorneys give bad advice on this site, you are no exception. By FAR the CR1 visa is the superior visa and it costs so much less than a K-1. Save yourself some aggravation and time and get married and file a CR1. You came here asking for advice and literally every member here, including senior members, have told you what to do. I've never seen anyone asking for advice on this site given bad advice, and I've been here 12 years. Just sayin'

[Samtel 1]

14 hours ago, SteveInBostonI130 said:

 

Did you or your fiance inform the lawyer of your ban?  If so, did he tell you the steps you had to take, if a waiver is available, and the chances of a waiver being successful?

 

Basically, did he explain the entire process?

Yes sir. That’s why we hire his service bcos of my 5year bar. 

At first Atty. suggest that we can wait for the 5year bar and apply for k1, or file k1 then a waiver. My fiance decided for us to proceed with k1.

[Samtel 1]

4 hours ago, Cathi said:

Time and time again we see so called "immigration" attorneys give bad advice on this site, you are no exception. By FAR the CR1 visa is the superior visa and it costs so much less than a K-1. Save yourself some aggravation and time and get married and file a CR1. You came here asking for advice and literally every member here, including senior members, have told you what to do. I've never seen anyone asking for advice on this site given bad advice, and I've been here 12 years. Just sayin'

Yes mam we have talked about this yesterday with my fiance. We’ll just have to wait for his vacation leave so we can get married in my country. We will still proceed with the k1 since its already in process, see what happens from there after the interview but won’t apply for a waiver application. Just wait for the 5 year bar to be over. 

 But i dont know what will be the impact if ever in future he file for me an spousal visa. If that will give a negative effect, having a k1 refusal. 

[Boiler 45,649]

K1 is for those who are not married

[SteveInBostonI130 3,467]

9 hours ago, Samtel said:

Yes sir. That’s why we hire his service bcos of my 5year bar. 

At first Atty. suggest that we can wait for the 5year bar and apply for k1, or file k1 then a waiver. My fiance decided for us to proceed with k1.

The attorney never suggested IR1 when her/she presented the option of waiting out the 5 year bar?