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

[Lonely in USA]

Wait, I wouldn't have to file a waiver if I filed a K-3? If he needs a waiver for a K-1, I think he'd still need the waiver for a K-3. Doesn't it take months and months to get the I-130 and then the K-3 completed and approved?
I still like your way of thinking though!!

[moondin]

I don't understand something.

Your fiancee doesn't have a bar on coming to the US right? He can still visit I assume?

Well, like thousands of other "visitors" to the US (ahem). They visit and for some "spur of the moment" decision (which is legally allowd, albiet you gotta prove it) -- they get married and apply for AOS.

Can't he *visit* the US, and if you guys decide to marry, marry and then apply? I think once he's in the US -- he won't need that waiver for his canadian convictions, does he?

Might want to ask a lawyer about it. You'd be surprised how many illegals and tourists wind up getting married on their stays.

Or tell him to get a job or study down in the US. That way he's in the US legally. And then if he wants to get married, it's more legit.

There are other legal options available if you look more closely.

-= nav =-

[mohan]

following this thread he still needs a waiver.he is already got flag in security checkups. its in his file, even in US he needs a waiver. only differenc it makes to have him here in US, he can marry and one more point of unemployment in canada will be added to hardship, which can be used as no source of income in canada.

[Lonely in USA]

That all sounds wonderful but he can't get his I94 renewed because of the pending K-1, so visiting me right now is out. Any other way of getting him here?

[moondin]

>of the pending K-1

If he was lawfully admitted in the us, and got married. You should ask a lawyer if he still needs a waiver, etc.

A friend of mine ages ago was engaged and applied for a visa. His favorite band played in Buffalo and didn't have a Canadian stop. He sooo wanted to go see him. So he took a chance. He walked down to the POE and asked to go inside and "speak" to an INS officer.

He was truthful and said "Hey. I got a petition pending, and i don't want to break any laws. But i got tickets here, with 2 of my friends and i would like to know if i could get permission to go see them. If not, that's fine too and i can sell the tickets".

The officer was encouraged by his honesty and let him through. He enjoyed the concert, and went back home.

So i'm just saying you *can* still visit if you can prove yourself as a tourist with a valid reason.

Now if you ant to marry him while he's a tourist as a spur of the moment -- i won't comment on that. Breaking the law is not encouraged. But i'm just saying it has been done. Some people think you're barred from the country, but it's not 100% accurate.

Always be honest. POE officers love honest people. They HATE it when you have a petition pending, and you don't announce it, and you just tyr to "sneak" in. That's when you get BARRED and get in trouble.

-= nav =-

[Lost!]

Hi lonely,
Just be careful if you think that you can take your husband to the US, because that could open another horrible can of worms. I have read a lot and I am a little confused. AS I understand it, once you have either a K1 or K3 pending, you cannot go to the US. If you lie at the POE and get cought, it could have really bad consequences. Just hang in there and try looking for a good attorney. There are a few that help on the board and they seem to have very reasonable prices and payment options. You can try aholow and mmorales. They both gave me good advice and are very reasonable.
Take care and be positive.

[Lonely in USA]

I appreciate all of your responses...really I do
My fiance was here for almost 3 months this summer...before the K-1 was approved on July 14th. His visitors waiver was valid and he stayed less than the 90 allowed days. It's a ***mer that they won't renew it to at least visit, while we're working on this new waiver. He hasn't broken the visiting rules, so why stop him now? Oh, he was also here at Christmas last year for almost 4 weeks and returned as promised.
Moondin, I know what you're saying, but we've gone by the book thus far, I don't want to take any chances and screw this up. I love him too much to lose him forever

[Still Learning]

So the driving offenses were in Canada? As far as k-3 goes, you send I-130 to service center, get notice of receipt and send that and required documents with I-129f to Missouri center. He doesn't have to wait on I-130 to be approved to enter US, just the 129. As far as the 601 waiver goes, I have no doubt Mohan, etc. know more than I do about that. Have you ever gone in the lawyer chats on mon, wed, fri nights?

[moondin]

It's not ILLEGAL to visit the US with a k1/k3 pending. No where does it say that. It's illegal to attempt a FRADULENT entry. Meaning, immigrant intent when you are applying for a non-immigrant visa (ie: tourist).

How would the POE officer know? When you claim to vacation in new york, then he finds out you have a k1 visa for a petitioner in new york. Instant ban.

That's where most of your horror stories come up. Like Lonely's fiancee showed. If you merely want to visit, are honest right at the bat with the POE, visit and then go home. You did nothing illegal and it's perfectly legit.

Canadians have a bit easier time to convince POE officers on just casually "visiting" and go back. That's cuz Canadians cross the border so often and have a high rate of going back. POE officers at airport almost always bouunce "tourists" from other countries who fly here to "visit" when they got immigrant visas pending. That's cuz there's a HIGH chance that they really aren't here to just visit, but visit and then get married and get a gc. Which 95% of them wind up doing. Which is in essence, fraud and is illegal since they claimed to just be tourists.

POE officers don't believe some guy just paid $2500 for a ticket to see the statue of liberty in new york, where his fiancee lives. And then is going to happily go back and wait. There'd be too much abuse if POE officers allowed it.

-= nav =-

[Lonely in USA]

It's illegal for my fiance to visit the US without his I94 waiver because of his past record. If you don't have a record, you can pretty much just pop on over to see the sites. Normally a Canadian doesn't even need a passport. Two years ago (and 2 months after 9/11), when he wanted to come here for Thanksgiving, they stopped him at the border, said he had a record and to apply for the I94 waiver. They also said if he attempts to cross without it, he would be arrested.
Now I know some POE officers can be dramatic, but this sounds pretty serious...which is why we went by the book.