Californiansunset

Something like a hardship would be for example:

- your boyfriend is a doctor and would suffer extreme hardship if he would have to move to your country because in order to pursue his career in Turkey he would have to study medicine again in order to have a doctor license for turkey. This would be a big hardship because you could additionally prove that he would have to learn Turkish first, most likely have to pay a huge amount of money to study again and therefore be in debt, would lose his good reputation as a doctor in the States. He would have to pretty much start his entire career and studying from scratch.This would be a big plus for why HE can not move to your country.

- His mother is very sick and relies on the help from your boyfriend as he has been the one taking care of her in the past years. There is no other immediate relative that could take his place in taking care for his mother if he would have to move to Turkey to be with you.

These are just examples of hardships. I don't know your situation. Maybe you have a lot of harships and could try to get a waiver. They don't have to be as big as the ones I named. You can have also lots of small ones and with good evidence of these you could also win a waiver case. Every single person has hardships you just have to sit down and think of them.

Yes you are right I have no idea how to do that .also we are talking about getting married at another country and wait for 5 years.we never had something like this so it's so complicated for us.let say if we got married and wait for 5 years till my banned over do I still need to apply for waivers ?

Also cbp officer took my social card and didn't give it back to me.

Have you looked into waivers and extreme hardship? I don't know much about your boyfriend so I'm just assuming when I say that I think it is difficult for you to prove hardship. Maybe it is not difficult for you. Have you looked into examples of how to prove hardship?

No after the 5 year ban is over you won't need a waiver anymore.

He took your SSN card. As far as I know you can apply for it again once you are allowed to be back in the States. You still will have the same number as that belongs to you for life.

I have a question : if I apply for K1 visa do I have to apply for 212(I) and 601 waivers ? What is the process I should follow ?

You first file for K1. At the interview the officer will determine whether you are eligible to file a waiver and hand you a paper which shows your inadmissabilities. Afterwards you file that waiver at the USCIS office in Nebraska. The waiver is not a DIY, you should at least consult a lawyer that helps you with it especially given the fact that I feel like you don't know anything about how to do something like that. Also, Boiler recommended you a good waiver page "immigrate2us". They have examples for waiver letters.

Yes you will have to file a 601 waiver as well. As I said before. Sit down and look whether you can even prove extreme hardship to your fiancé as that is pretty difficult for a young couple with the beneficiary coming from an industrialized country.

Yes you have a SSN for life just like your Alien registration number if you ever got one (you won't have any yet, just an example). You will always keep the same one and it can not be taken away from you as it is there to prove your identity.

J1 is work authorised for that particular sponsor, so gets a SSN, SSN is for life.

I didn't get a SSN as a J1 holder, I assume because I didn't get any money for it. I got my SSN a month before I left the US.

I was in college that year and there was a program called work and travel in USA .that's how I applied because I didn't know English .program was only 3 months and I left without problem but nobody took the card back .

No one would take that card back but I still don't get why you got a SSN. As a visa holder you wouldn't need it. I needed it because my roommate who was US citizen moved out of the apartment so I became the main tenant and to register for the electricity company I needed a SSN. It doesn't really matter now anyways.

Why is so funny ? Is it not true?

He thinks you will have to face a lot of scrutiny.

You are right.but I thought since I have that card I have a work permit (I know it's stupid to believe ) but it's the truth .I wasn't working all that time at all.I have my social card since 2011 and I start to work 2014 .you are right it will be really hard to explain myself to officers about this.in the papers (my case ) officer wrote them all.every question about my work I answered them with honesty .of course that doesn't mean anything at this point.

Let say I waited 5 years until my ban over.after that if I apply for visa it would still be problem right ? There is so many information on internet and I really don't know what to think about it .

No, after your ban is over you can enter the US without needing any sort of waiver. You might face a little more scrutiny but in general it shouldn't cause big problems.

Just out of curiousity: why did you get a SSN as a J1 visa holder?

I always appreciate your response for me but I want to tell you something i really didn't know about working !! I asked multiple people if I can work nobody said no also every time I applied for visa I had a copy of it and showed consulate officer ,they didn't say anything either but that doesn't mean that I m right about my actions !! I suppose to search it and make sure about it now I m suffering With consequences.

I've been USA almost 5 years I never had criminal record or any bad actions. I always respect to law and I've been honest .no matter what I do it won't change that I made a big mistake .

Now my BF and I searching about K1 and other possibilities .

You have to admit that it is really hard to believe that you didn't know that you weren't allowed to work, especially considering that you've been living there for 5 years. Apart from the fact that I feel like it's common knowledge that having a visa for a foreign country doesn't immediately authorize you to work without a permit, it is widely known in the U.S. among immigrants (or visa holders) that it takes a work permit to work because everyone of us would've loved to make some extra cash while studying/interning/volunteering/making a long vacation there to visit your partner. Even if your friends ask you to babysit for their children in return of some money or how it happened to me that a friend offered me to help with his administrative work at home for some extra cash, you have to turn that offer down because it violates your visa rules. Especially among foreign students it is a known thing (because all of them want to make some money) that you are not allowed to work without a permit or it is only allowed to work on campus. I am reaaaaally sorry to say that but you must've been super oblivious to not know that you can't work. I only spent 1,5 years in the US and never had much contact to other foreign people and even with my friends all being US citizen being surprised that I can not just go and work, I knew that I wasn't allowed to make some extra cash in any way. It is going to be very difficult to convince any officer in the near future that you didn't know that especially considering that you've been living there for so long.

It is simple. No stamp and never told that is canceled..

Well did you specifically ask them? Of course they wouldn't bother telling you it's cancelled if you don't ask and they assume that you will be immigrating with a K1. They couldn't foresee that you were gonna chicken out of the marriage part and then immediately change your mind again and try to go back with your B visa.

Thanks, at this point I am going to ask the Embassy then or read it somewhere else

The embassy won't be able to tell you unfortunately. There's been other people calling their embassy to ask and they always couldn't answer them this question.

Thanks for your comment, My visa is still valid and did not revoked or canceled. If we wanted to get married we could have gotten married but we decided to postpone it. Why should be a problem ?

How do you know that it didn't get cancelled?! I have a B visa as well, even in a different passport than my K1 and was told that it can't be used anymore as it is cancelled. They seem to probably cancel it in their system.

Wow .that's really take time huh? What about K-1 visa is it take that long too? I feel like I should apply for K-1 because the reason I overstayed is because of my relationship and I can definitely prove that .am I making mistake to think of K-1 visa instead work ? Let's be honest there is no company wait that long ..

The K1 process is really fast right now. It can be done within 6 months. The waiver wait times are really long right now though. The last posts about the processing times stated anything between 7-15months for a waiver right now, although I read that it's usually somewhere around 9 months.

If you feel like K1 is the better option for you then also start looking into whether you think you and your boyfriend could prove some sort of hardship, because there's no point in you going the K1 route if you in the end notice that you won't be able to get a waiver approved because of missing hardships.

Thank you ! Yes that's what we are talking about rightnow.we are together 4 years and talking about marriage since last year.I won't apply for f1 or work visa.thank you so much for help .

Given that you already don't have the greatest immigration record, I would definitely not advise on going to the US and just get married there to file for AOS to stay.

Look into waivers and research a little bit so you know what people are talking about on here. A waiver for an immigration visa is really difficult to get because you need to prove hardship to your fiancé or spouse (now boyfriend). Hardship means that you guys need to prove why he can not move to Turkey to be with you and why he cannot live in the US without you. Again, keep in mind that this waiver would be filed after you have your visa interview for your immigration visa (K1 or CR1). I hope you are aware of how difficult this will be to prove.

From what I know and experienced with other people is that it's a lot easier to go the work visa route because for that tou won't need to prove hardship, "only" a demonstration that the consulate should exercise its discretion in your favor (never committed a crime etc.).

Again I feel like you need to sit down and research your options and determine what is the easiest way with the highest chance of approval for you to be able to go back.

Does not matter.

The current wording is:

2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

In this case, they can truthfully answer no.

Even if you had been arrested for a crime involving serious damage to property, serious harm to another person, or a Govt. authority (aka, a Crime involving Moral Turpitude), the relevant law - in this case INA 212 (A) - states that no conviction (or caution, which is a formal admission of guilt) = no problem.

It is not arrests, but convictions that matter. Contrary to what many people think, an arrest, multiple arrests, being charged/tried and then subsequently acquitted/charges dropped, does not make you ineligible. Hell, even the webpage of the London embassy very incorrectly stated for several years that all people who had been arrested at any time needed a visa, so god knows how many people applied for a visa when they really didn't have to, or worse still, just didn't bother. They have now changed that wording to a recommendation instead of an absolute...not perfect, but an improvement.

So, in this case, the theft thing isn't an issue.

Traffic and speeding tickets are largely irrelevant and even if they weren't, that would still be a single conviction and would more than likely fall under the petty offence exception. A single conviction, with a maximum possible sentence of 1 year, and sentenced to less than 6 months in prison = no issue. Something more serious like death by dangerous driving, yes, would be an issue, but that isn't what we are talking about here.

As with most US immigration law, the devil is in the detail. INA 212 is here: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

Just researched it. Even though you might not haben been convicted in your country (in this case Japan), you still need to consider yourself convicted under US immigration laws. You might've been subject to a pardon and not have been convicted because you were a first time offender but you would still have to answer yes to an ESTA question.

Okay, danke! War für ne Minute beunruhigt. Mir wurde im Konsulat meiner Meinung wenn überhaupt nur ein Umschlag mit Ecke gezeigt oder ich hatte nicht aufgepasst. Find ich aber merkwürdig, dass sie es bei uns so handhaben. Diese Ecke macht null Sinn... die Dokumente sind voll gefährdet. Sollte mir auch noch ne andere Mappe zulegen wo ich die reinmachen kann.

Ja... 62 Schuhpaare und ich hatte vorletztes Jahr sogar ausssortiert. Habe halt aber auch total viele High-Heels die ich aufgrund des doofen Straßenpflasters in Berlin eh nie anziehen könnte.

Does not matter.

The current wording is:

2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

In this case, they can truthfully answer no.

Even if you had been arrested for a crime involving serious damage to property, serious harm to another person, or a Govt. authority (aka, a Crime involving Moral Turpitude), the relevant law - in this case INA 212 (A) - states that no conviction (or caution, which is a formal admission of guilt) = no problem.

It is not arrests, but convictions that matter. Contrary to what many people think, an arrest, multiple arrests, being charged/tried and then subsequently acquitted/charges dropped, does not make you ineligible. Hell, even the webpage of the London embassy very incorrectly stated for several years that all people who had been arrested at any time needed a visa, so god knows how many people applied for a visa when they really didn't have to, or worse still, just didn't bother. They have now changed that wording to a recommendation instead of an absolute...not perfect, but an improvement.

So, in this case, the theft thing isn't an issue.

Traffic and speeding tickets are largely irrelevant and even if they weren't, that would still be a single conviction and would more than likely fall under the petty offence exception. A single conviction, with a maximum possible sentence of 1 year, and sentenced to less than 6 months in prison = no issue. Something more serious like death by dangerous driving, yes, would be an issue, but that isn't what we are talking about here. And I know of someone who had a lawyer and he didn't catch that.

As with most US immigration law, the devil is in the detail. INA 212 is here: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

I've heard of so many people that got that charge or whatever you want to call it and were told that they can't use the VWP anymore. In addition they had to get a waiver in order to obtain a visa. I even know of someone who got a lawyer and that lawyer didn't mention that. They had to get a waiver for that.

can you appeal if you got denied CR1 ?

A denied K1 is going to be sent back to USCIS and is left there to expire. A denied CR1 gets returned to USCIS with the chance of a rebuttal that needs to be submitted within 30 days of the letter notifying you. If USCIS is satisfied with your response they re affirm the petition and send it back to the embassy with recommendation to approve the visa. That's what I mean with that you can appeal. A denied K1 is a denied K1 with no second chance.

No charge, and most importantly no conviction.... what makes you think he is ineligible to use the VWP/ESTA?

Because the question in the VWP application asks "Have you ever been arrested or convicted for a crime (...)? The question is whether he was really arrested. I wouldn't risk it though. If he used the VWP but wasn't eligible they might slap him later with a misrepresentation charge at the K1 interview.

An die K1ler: ich habe jetzt bei verschiedenen Posts hier bei VJ Bilder gesehen von deren K1 packet, dass die von dem Konsulat bekommen haben. Das sieht in anderen Ländern komplett anders aus. Ihr habt auch so eine Unschlag der versiegelt ist, bei dem die eine Ecke abgeschnitten ist und man somit die Ecke der Dokumente alle sehen kann oder?!

roger that

very much appreciated , thank you!

You will obviously have to marry her before you file for a CR1. Just making sure you know that.

Hello guys,

i have a situation here , i previously applied for fiance visa in May 2015 ,got approved , entered the U.S. Jan 2016 ,however ,things didnt work out ,and i came back before my visa expires.

last week i got denied a visitor visa to do my Dental board exam.

now im in a relationship with an american girl ,and i want to ask any one who been through similar experience ,

Is it better to apply for k1 again , or better to get married first then go with CR1 this time .

thank you

CR1 because if they deny you a K1 (which is not unlikely given the circumstances you described) you can not appeal and have a second interview.

Be prepared to get scrutinized a lot. This will look very fishy to an officer. You just got out of a serious relationship and had the K1 and immediately have the next American partner available to get you another visa again. Front load your petition.

The vaccination requirements are for AOS, not the K-1 visa.

It is discussed in the pinned topic. You only need one in a series marked off at the time of your medical, and you only need what was required at the time of the medical. So, it was valid at your medical and when the DS-3025 was filled out. Was it marked as 'insufficient time interval'? Is the summary marked off as 'COMPLETE (Requesting a Blanket Waiver)'?

If yes to those things, then I would not see a civil surgeon unless you receive an RFE or are requested to by the IO at an interview, should you have one.

Thanks a lot for your help. It is marked as complete.

Pinned topic > http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/

Thanks, I did read that before asking my question as it didn't really describe my case. Technically my vaccination for tetanus is not good in 2017 anymore when I file for AOS even if it was good enough for my K1. That circumstance wasn't described in the pinned topic.

If the DS3025 is checked complete/requesting waiver then you are fine.

Thanks I will check it!

If you come via you partner i would marry...this way when its denied you can submit waiver.

K1 expire

You can submit a waiver with both K1 and CR1. Some lawyers just say that it's easier to get a waiver for CR1 than K1 that's why a lot of people who need a waiver go the CR1 route. If it's just a simple overstay it doesn't really matter but with more serious inadmissibilities it probably does make a difference and CR1 is the better way.