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Thread: I601 waiver, K3- Visa interview and approved I130

  1. #1
    I need help and advice with the waiver process. Backgroud is that overseas wife misrepresented age / birthday and attempted to cover up during K1 visa interview. Now I am working with an attorney and interview date is set but I need more clarification on waiver. Can she get visa while waiver is pending or everything has to clear before she is allowed to enter the US.

    Any help, especially from Mohan since he appears to be a guru, will be greatly appreciated.

  2. #2
    Did she file a waiver? What's the second interview for?

    If one was found inadmissable/ineligible for a visa, that person can get the visa only after the approval of the waiver.

  3. #3
    I'm guessing that they found her inadmissible for fraud/misrepresentation? Normally overseas offices will not approve a visa until a waiver has been approved in such a circumstance.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  4. #4
    The second interview is the K3 interviw since she was found to have misrepresented her age durning the k1 interviw 2 years ago.

    The waiver will be filed when she interviews. I need to know if there is any means to request an expedited hearing/ review.

    The waiver will be filed in Lagos, Nigeria.

  5. #5
    I don't know of any legal means to get a expedited interview/adjucation of the waiver. Sometimes writing letters to the officer gets the ball moving quicker, sometimes it just pisses off the officer. Ask your fiance to try to gauge the officer's attitude during the interview.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  6. #6
    to what extent does the consular officer have influence over the waiver process.

  7. #7
    The consular officer does not adjudicate the I-601, but it is his job to forward the waiver to the appropriate DHS office. How quickly this is done can very greatly depending on the officer. Once the form is filed, however, the consul has no other control over the process as far as I know.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  8. #8
    Am I missing something here? What about "materiality"? Why did the wife lie about the age?

    Aside from all that, there's no excuse to lie to an immigration officer, none. The OP and the spouse need to be honest, truthful and forthcoming with the immigration official. I've said this over and over again, DO NOT LIE!

    -THIS IS NOT LEGAL ADVICE-

  9. #9
    waiver is to get her admissible.. means waiver has to be approved to get any kind of visa..
    Its a discussion, not a legal advise..

  10. #10
    Was the 601 for a misrepresentation? That's why I asked about materiality... and I don't see materiality in the age issue, unless she wasn't allowed to marry or something like that... This sounds like the "lie to cover up a lie" in Kungys, however, I don't come here to offer advice, that's between the OP and his attorney.

    Anyways, people do this to themselves when they lie to immigration officers, I can't stress this enough, DO NOT LIE!

    -THIS IS NOT LEGAL ADVICE-

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