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Waiver for denied fiance visa?

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  • Waiver for denied fiance visa?

    I've filed a petition for the K-1 visa (or fiance visa) and am 99% sure that my fiance will be denied, because he's been to the US illegally before.
    Is there ever the option of contesting or filing for a waiver in such cases? I was told by a lawyer that no waiver exists for denial of a fiance visa, but have heard other things elsewhere. Anyone know about this?
    Thanks for any info you can give.

  • #2
    I've filed a petition for the K-1 visa (or fiance visa) and am 99% sure that my fiance will be denied, because he's been to the US illegally before.
    Is there ever the option of contesting or filing for a waiver in such cases? I was told by a lawyer that no waiver exists for denial of a fiance visa, but have heard other things elsewhere. Anyone know about this?
    Thanks for any info you can give.

    Comment


    • #3
      whether or not a waiver is available depends on what caused his ineligibility - for example, an over stay of more than 6 months (or one year) means he is ineligible for 3 or 10 yrs - but you can file a waiver with his interview - but in order to have any chance of approval you have to demonstrate extreme hardship - which is more than separation....
      if he falsely claimed US citizenship, well, game over. There is no waiver for this inelibility.
      Perhaps if you provide some more details....

      Comment


      • #4
        Mirianella: You have to provide us with more information. A waiver will definitely be necessary to cure his problem. For overstaying his visa he will need to file a 601 waiver but I heard it's very difficult as extreme hardship must be proved....and that's very difficult to do. Please see Mohan's November 2002 post on this matter. But please give us some more info. Maybe the above waiver is not applicable in you case. Good luck.

        Comment

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