K-1 Visa denied - need an I-601 Waiver

[Lonely in USA]

Hello, I feel fortunate to find this group after what I've just went through this week. My fiance was denied his K-1 this past Tuesday because of an incident in 1996 that had two counts: dangerous driving/possession of stolen vehicle. Unfortunately, I didn't read up on this enough to be prepared for the denial. It took him almost a year to get his I94 waiver and I thought that was all he needed when we applied for a K-1. Boy was I mistaken!
So now we're in a rut. I've noticed quite a bit of I-601 people here, at least I'm in the right place.
This Tuesday, my fiance is going to a lawyer to see what he can do. After hearing of the prices they charge for filing a waiver I think we may try to do this ourselves. It looks like quite a feat to write a convincing extreme hardship letter.
Any suggestions...anyone?
My email addy is: cpp2_@hotmail.com if you need more info.
Thankyou so much for your time. Good luck to all who are waiting

[Lonely in USA]

Hello, I feel fortunate to find this group after what I've just went through this week. My fiance was denied his K-1 this past Tuesday because of an incident in 1996 that had two counts: dangerous driving/possession of stolen vehicle. Unfortunately, I didn't read up on this enough to be prepared for the denial. It took him almost a year to get his I94 waiver and I thought that was all he needed when we applied for a K-1. Boy was I mistaken!
So now we're in a rut. I've noticed quite a bit of I-601 people here, at least I'm in the right place.
This Tuesday, my fiance is going to a lawyer to see what he can do. After hearing of the prices they charge for filing a waiver I think we may try to do this ourselves. It looks like quite a feat to write a convincing extreme hardship letter.
Any suggestions...anyone?
My email addy is: cpp2_@hotmail.com if you need more info.
Thankyou so much for your time. Good luck to all who are waiting

[lesley]

Hello Lonely, your situation sounds lot like me and my boyfriend. We got advise by couple of lawyers that we should marry and file k-3, that we might not get k-1 approved. Thank you for posting your experience, maybe they were right. We wanted to do the k-1 but now I guess the k-3 and when he gets here have wedding? Other thing is more $$$ for trips! I don't really understand why they care which one since either way we'd be married. There just seems to be so much more paperwork with k-3. More papers more $$$ and more nervous I get.

[Lonely in USA]

I don't understand that either. We'd have to get married in Canada and then I'd go home and file a K-3. So all of the K-1 paperwork and 9 months of waiting for the interview will be lost. I'd rather file the I601 and take a shot at this point. Yup, more money....what else is new?

[lesley]

Which processing center are you using? One thing with k-3 is using Missouri, can be good. Mine was going to be through Texas which seems to be slow.

[Lonely in USA]

We went through Vermont. As I understand it, the waiver is processed through Buffalo, NY. I hear the K-3's in Vermont are slooooow.
Gawd, I just want this over with!!!

[angeleyes14344]

Lonely,
My spouse and I went through the same ordeal as yours. Initially, we filed for K1 and was denied and consulate were asking to file for I-601. After long and several research, I came to a conclusion that not being married just gives the BCIS one point to deny it, why? If you look at the law, it is only the children and spouse of a U.S citizen and LPR who are entitled to such waiver. In contrary,I've seen I601 cases approved even under the K1 petition. In my opinion, I would not leave the BCIS any denying factors. It took me a year or so to prepare the waiver, the unusual extreme hardship requirement is very tough to prove.

There is a thread here started by "Spouse", read on to that and you will be pleased with all the information that you will get out of it.

Just to give you a tidbits on the procedures that we've taken so far...
As I noted, we decided to get married. As soon as I got back here in the U.S., we filed the I-130, we then filed the K3 as soon as we got the NOA from the I-130. Please note that you cannot file K3 unless you have a pending I-130.

Since My spouse has been through the expedited removal, we need two waiver. I-212 and I-601, both are essentially the same requirement. As I understand, the I-601 can only be filed when asked by the interviewing consulate.

I suggest for you to learn as much as you can on the waiver itself before you start trusting an atty. who are mostly dollar driven.

Good luck

[Lonely in USA]

Hi angeleyes,
Thanks for your post. I have read all of the 601 posts that are here..my eyes are killing me!! So, you didn't even try for the 601 first, ok I understand. Have you filed it yet? What is your timeline so far. I think that applying for the I130 and then the K-3 could take at least another year...we've been apart about 2 years already. He can't come here because his I94 waiver is expiring next week and they won't renew it because of the pending k-1 (go figure). I have 2 school age children and I'm hoping that relocating them at their age (12 & 14) would be looked upon as extreme. Don't you think so? Their father would NEVER agree to let me move them out of the country either, so that wouldn't even be an option.
Can I ask you something...why a year to put the list together? It seems like an awful long time. Is it because you were getting documentation to back the letter up?
Thanks

[Lost!]

Hi,
I am also in the process of preparing and I 601. After a lot of reading, I have realized that having school age children can really work in your favor. alos, it is very important how that waiver is written. I have not started writing mine and I do have an attorney. Be careful with the attorney, because a lot of them do not really know much about them. Mine seem to think that it will be complicated but that we do not need a lot of supporting docs. I Know that we do. I am still working with him because I hired him way before I knew about the waiver. One thing, although the I601 seems to be denied a lot, I have read a lot of cases that have actually been approved. There are a few very helpful persons in this board. Mohan has helped a lot of people and alos posted a great message on hardship points. It was originally posted in November.
I wish you all the best and be positive. God in on our side. Praying has helped me a lot, it may help you too.

[Lonely in USA]

Thank you Lost!
I saw your posts about the 601 in here too. Appreciate all of your help Also, I sent a message to Mohan today. I hope he has some extra time to help me. That guy must be drowning in work! What a saint.
Oh, and believe me...I'm PRAYING.

[angeleyes14344]

Lonely,
I myself been apart with my wife for awhile now. I know the feeling of being apart with your other half.

Your children are very vital to the case. For one, their father not allowing them to move to another country, secondly, they are at the age where they are already well acclimated to the American lifestyle therefore it would be hard for them to adapt to the new country...however, Did you say your Fiancee is in Canada? If that is the case, then my second point is void, why? Because Canada's economic standpoint and evironment is very well comparable to the United states if not better. Their adjustment is not an issue. Ofcourse, if it was in my case where my spouse is from a Third world country where a child such as the age of your children will have a hard time or adjusting to such environment.

It took me a year because before we even tried our K1, I knew that we needed a waiver, we changed our minds on foregoing with I-601 under K1 petition. We just believed that it would be stronger case if we were married.

[Lonely in USA]

You're right, Canada is lovely and you make good points. I'd rather argue my case with fellow posters than with the BCIS!
But I cannot leave without my children and I cannot take them with me. It would be against the law to abandon them and also to remove them without his consent. There is no way around that.
And...it depends on where in Canada we would move. Where he lives now, salaries are lower than in the US. Actually, if I moved there, I'd never make the money I make now after working for the same company for over 10 years. Actually, just finding a job would be almost impossible.
Also there is a high rate of cancer in his area. I plan on documenting this too. Does this change your opinion?

[rpc]

My 601 waiver is at the consulate, and I am hoping to get a positive answer by xmas. The offical timeline for 601 waiver is around 1 - 1.5 years. But the consulate tells me they are pushing to get a lot done by xmas. Most likely they are telling me what I want to hear.

Anyone else heard of this "push" to get a lot done by xmas?

[Lonely in USA]

Wow, they told you it would take over a year? When did you file for it? I was told at the Canadian US Consulate that it would take about 2 weeks...and I'm SURE that they told me what we want to hear too! I looked on Vermont's website and it said that they were processing Sept 26 or 28th, 2003 waivers the other day. That is a lot less than a year!
Good luck, hope you DO hear by Christmas

[Still Learning]

Lonely, I vote you get married, file k-3, forget the waiver, and be together for Christmas! I love Fall and what a great time to get married :-) Oh yeah, could there be a tax benefit?