I-212 and K1

[Curiouscanadian 0]

I’m a Canadian and got deported in the Dallas port of entry a year ago. I got a 5 year bar due to a phone search that showed I had worked in the US under a tourist visa. My lawyer submitted an I-212 waiver request to USCIS and also a K1 visa to the consulate with my long-term boyfriend who is American. What are my chances of approval? 

[appleblossom 3,890]

4 minutes ago, Curiouscanadian said:

I’m a Canadian and got deported in the Dallas port of entry a year ago. I got a 5 year bar due to a phone search that showed I had worked in the US under a tourist visa. My lawyer submitted an I-212 waiver request to USCIS and also a K1 visa to the consulate with my long-term boyfriend who is American. What are my chances of approval? 

 

So have you already got an approved I-129f, and you were refused at the visa interview at the consulate?

 

If the bar started was a year ago then you won't be far off it ending anyway if current processing times remain as long.

 

 

[Curiouscanadian 0]

9 minutes ago, appleblossom said:

 

So have you already got an approved I-129f, and you were refused at the visa interview at the consulate?

 

If the bar started was a year ago then you won't be far off it ending anyway if current processing times remain as long.

 

 

I didn’t get anything approved yet. Those are the only things my lawyer applied for, the I-212 and the K1. He applied for them this past week. Can I get approved for a K1 before the 212 or vice versa? Do you think it’ll get approved ? 

[appleblossom 3,890]

9 minutes ago, Curiouscanadian said:

I didn’t get anything approved yet. Those are the only things my lawyer applied for, the I-212 and the K1. He applied for them this past week. Can I get approved for a K1 before the 212 or vice versa? Do you think it’ll get approved ? 

 

Ah, ok. I hope your lawyer didn't send the I-129f to the consulate then as that would be the wrong place! It goes to USCIS too.

 

You can't get approved for any visa if you have a bar, and the I-212 won't be done by the time you have your K1 interview (approx 3 years processing time last time I checked - even if that speeds up it won't be as quick as the K-1 application). So it'll be a case of going to the K-1 interview and being refused, then waiting for the waiver.

 

No idea on your approval chances as it will depend on the case your lawyer has put together and the grounds you have. But best of luck to you both. 

[Curiouscanadian 0]

6 minutes ago, appleblossom said:

 

Ah, ok. I hope your lawyer didn't send the I-129f to the consulate then as that would be the wrong place! It goes to USCIS too.

 

You can't get approved for any visa if you have a bar, and the I-212 won't be done by the time you have your K1 interview (approx 3 years processing time last time I checked - even if that speeds up it won't be as quick as the K-1 application). So it'll be a case of going to the K-1 interview and being refused, then waiting for the waiver.

 

No idea on your approval chances as it will depend on the case your lawyer has put together and the grounds you have. But best of luck to you both. 

Thank you so much for the reply. Does the officer who does the K1 interview have any power to approve or speed up my waiver? My lawyer said that this might be the case. Is that possible? 

[appleblossom 3,890]

1 hour ago, Curiouscanadian said:

Thank you so much for the reply. Does the officer who does the K1 interview have any power to approve or speed up my waiver? My lawyer said that this might be the case. Is that possible? 

 

I doubt it. You're just in a big line unfortunately, I don't see how a consular officer could help you jump to the front of it. 

Edited Monday at 11:24 PM by appleblossom