Faith77h

Thank you Minimelo.

I read and cant see where my category should be.

I am not in the USA. Fiance is in USA.

I am filing K1. Application was filed in June '16, approved in Sept '16, interviewed Jan' 17. 

So i-212 should be filed in Thailand where I am now. Or directly file in USA as fiance and lawyer are there?

On 3/24/2017 at 1:58 PM, Faith77h said:

 

Hi Javaree

What is VD?

So you mean for lawyer to send i-212 to Immigration port in Dallas, even i am in Thailand? And they will coordinate to consulate here later...?

How is expedite being done? I thought expedite request need a to have really strong reasons backup somethig like serious health or treatment issues.

Thanks.

Hi iamdegie, 

I believe that my k1 petition is still valid.

The refusal worksheet stated that it is valid for 1 year after visa being denied.

My question is..

Do I mail the i-212 to my consulate or do I need to make an appointment to send in person? 

There is a payment in check or money order I need to pay for this application as well.

Yes. I-212 is for permission to reapply after deportation.

Hello, 

I had an interview for k1 on Jan 18.

It was denied, with an instruction that I need to file i-212.

We got a Lawyer to help prepared thr application and papers. Now it is ready but we just got an email from lawyer that she doesn't know for sure where to submit?!  She said it is because the the 212 application should have submitted together when I went to an interview. 

She asked me to call embassy. I couldn't get through the ivr to talking to a real person.

Please give some advice what should I do next? 

Is it me, an applicant, to file? Or petitioner(fiance ) to file?

Where do I make the payment for application?

Lawyer said process is she will send package to me, then I get motorized and send/gove to embassy here in Bangkok.

I honestly doubt the lawyer experience and capability, and I don't know if the processe she told me is correct.

Do I make/request an appointment online? I dont think it will allow me to as it's only for visa interview or citizens business. 

I was just surprised and frustrated of why the lawyer doesn't know where to file..

More info is

I am in Thailand now. Fiance is in USA. The lawyer is in USA.

Thank you so much in advance.

Faith 

Thanks Caliliving! 

I wonder if the waiver 212 is the place that requires explaination to defend the case or it is more like an appeal form? 

Because it was already a wrong doing. It was Done. How could it now be solved?

Am I wrong to understand  that filing a 212 waiver needs an extreme hardship too not just 601?

We did the full-self pay at first so we prepaid my doctor and the 3 visits I had.

I did use emergency Medicaid at the very last thing as I was offered by an officer at hospital. I explained to her my situation that I was holding tourist passport and I didn't think I would qualify to have medicaid. She told me that I was qualiqualified. 

So the Medicaid did pay for hospital bill which was the lesser part of the whole bill. The bigger part I already prepaid before check ups and for the delivery if baby. I didn't expect to have medicaid pay for me. We were ready and prepared to pay for it.

I did tell the Immigration officer at investigation too. And he told me that medicaid people didn't know law.

I did not know what to do. I was hoping that they let my baby to meet with her dad waiting at a trivial floor. They said they would let her, and told him they would. Only a few hours later, an officer told me and my boyfriend that they didn't let them see each other. It was very heart breaking.

I asked and begged officer if it was okay to only let my hild see her dad for an hour before we had to fly back. Or even 10 minutes. He said no. Even she is american and had the right to be in USA. 

Officer told me they dont handle babies. 

I said it is ok for me if a female officer could take my baby to see her dad without me. They said no.

I learned from boyfriend later that in the phone he was offered to meet with her for a little while before baby and I had to leave the next day. Then later they didn't let him see her for only a minute unless he would keep her in USA and away from me. He told officer he would not do that to me. And baby so small still needed me. ( main food literally still was breastfeeding)

When is extreme hardship to be sent along with waivers? 

Filing 212 is for sure that directly instructed.

Dont know if I need to file 601 too? I do not want to miss it if I need to file it too. Would hate to make mistake and slow everything down.

Yes. I need a waiver-experienced specialty Immigration Lawyer.

Should it or need to be a lawyer in thr same country or doesn't need to as long as experienced to give advice and work online?

Thanks much eveyone.

Thank you. Hypnos. 

Hi Caliliving. 

Thank you. I think you are right. 

I was at airport. In paper said. Expedited removal. 

I was denied to enter the USA. So that is not a deportation? 

Thanks

Hi Caliliving. 

Thank you. I think you are right. 

I was at airport. In paper said. Expedited removal. 

I was denied to enter the USA. So that is not a deportation? 

Thanks.

16 minutes ago, Boiler said:

From what you said just a 212, obviously you need a lawyer.

Thank you Boiler. 

3 minutes ago, ConOfficer said:

In the context of a K1 visa you need to be refused under 91A before you can file for a waiver. 212(a)(7)(a) and 212(a)(9)(i) are the same thing - expedited removal. Dept. of State adjudicators will only enter the 91A ineligibility. 

 

You just need an I-212. I--601 is for unlawful presence, and you apparently were not refused for unlawful presence. 

Hi ConOfficer. 

Thank you very much.

Sorry for my question. I dont undersrand why is that I am not refused for unlawful presence . Isnt that the 212 (a)(9)(a)(i) ? 

Please help explain

Someone said to file  601 for oversray, and 212 is also needed. 

So I do not need to file 601? 

Are the waivers either 601 and 212 to be filed by applicant(me) or petitioner (fiance)?

Thanks so much.

1 hour ago, ConOfficer said:

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.

Thank you eveyone so very much for chiming in.

And Conofficer.

Same as what you said, months ago we were advised by a lawyer and given opinion that it was the route to go, to file k1 then get denied to fix with waivers.

Here are more details so you all can help and having more  ideas.

- i traveled in usa many times before as trousist. Never overstay. No problem. 

- the August 2015 I overstayed 1 month by returning to my country in March 2016 instead of 2016. 

- in this trip my daughter was born. Currently she is 16 months old.

- I worked as a freelance translator online but that work I had even before trip in USA. small work while i was home mainly taking care of baby. This i think triggered a bigger problem  for me.

- I came to my country for 6 weeks and went to USA in April 2016, there I was deported at airport. Then my tourist visa was cancelled. 

My boyfriend was waiting at airport was contacted by Immigration officer upstairs that I was detained and would be deported. Boyfriend was offered if he could keep the Baby who was then 7 months because she is an American. Boyfriend was great and knew it would break my heart so he let her be with me.

So my daughter and I came back thr next day flight.

- in June 2016, boyfriend came to visit and get engaged. And we filed k1 visa. 

Finally got interviewed yesterday. 

Here are the  confusions.. 

At deportation/expedite removal.

Determination of inadmissibility were stated are

212 7 a

212 a 9 a

And yesterday, in refusal worksheet 

It stated only 212 a 9 a i.

I am confused and not sure if it's a favor from  the consule officer the one who interviewed me...? Why didn't mention another ground..

I travelled several times in 20 years never overstay.

From reading and research I gather.

My understanding is to file waiver 601 and 212. And request to expedite the case 2 months after apply. 

Wondering to file together?

 Will need an experienced Immigration lawyer. I dont think just any visa lawyer can do it if no waivers experience.

Please help. I am desperate.

Please let me know what you think. 

I appreciate so much.

Me and Baby.

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. 

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. 

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.