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  • K-1 Visa denied - need an I-601 Waiver :(


    Hi everyone,

    With much sadness I must report our experience at Montreal yesterday.
    Steven & I arrived at 9:15am for our 10am appt. We waited about 20
    minutes on line, went thru the security check and up to the window to
    pay the $100. We sat for a few minutes and were called up to window #5
    to hand over the required documents...the list was very short, no
    supporting documents to my affidavit of support were asked for
    (bank/employee letter, etc.) The woman at the counter was very
    personable and patient.

    We sat back down and our number was called to interview room #12. As
    soon as we walked in, the interviewer greeted us and slid Steven's
    passport under the glass to him. Right there, I knew there was trouble.
    He told him that because he had committed a crime of moral turpitude, he
    could not grant his visa that day. I almost fell on the floor! Poor
    Steven just started sobbing...we were so shocked to get this far and
    then to get slammed back to the ground.

    After doing some reading...a little late for that, I know....I found
    some threads on the I-601 Waiver. It was suggested to us by the
    interviewer to fill one out and attach my letter of hardship. Of
    course, it's another $195 for this, with no guarantee of acceptance.
    (what else is new?) I have the paperwork here and will Fed-Ex it to him
    with my letter ASAP so he can forward it to the consulate.

    There IS some good news to all of this, believe it or not. The woman at
    window #5 spoke to Steven after we were denied and told him that she
    feels this should be simple and sees no problems in him getting the
    waiver. She also told him that she is our case manager and to call her
    if we hit any snags. She is going to expedite our application as soon
    as she receives it. She thinks it should take about 2 weeks from the
    time she receives it because he holds an I-94 waiver for visiting and
    extensive security checks on him were already done.

    Of course, once again, there are no guarantees to any of this and I
    still must submit a letter of hardship. Now most of the threads I've
    seen on this were wives or husbands claiming hardship for their spouse,
    not a fiance. I cannot move to Canada with my two children from my
    first marriage because we have joint custody. I cannot quit my job of
    10 years and start over at my age either. What would stop the US from
    saying...oh well, find someone else and get on with your life? I've
    seen these things get denied for married couples, so I have some
    concerns because we're just engaged.

    For the record, the crime of moral turpitude happened a little over 6
    years ago. He was convicted of dangerous driving of a stolen vehicle.
    So there are 2 separate counts that stem from the same incident.
    Fortunately, he has no extensive crimminal history and this is the only
    time he's ever been arrested.

    Sorry to ramble on like this...I'm just so upset that I didn't look any
    further into this before we went on the interview. I should have done
    more research...


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  • #2
    K-1 Visa denied - need an I-601 Waiver


    Oh wow, I'm really sorry to hear that you got denied. That must be so
    devastating! I don't know what I would have done if they had turned me
    down. I hope you can get things sorted out with that I-601 wavver and
    that everything will work out a-ok in the end. Best of luck to you guys!


    --
    Posted via http://britishexpats.com

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    • #3
      K-1 Visa denied - need an I-601 Waiver


      Oh, he served 4 months for this incident. I was reading some legal
      paper that said if the person served less than 6 months..and commited
      ONE crime then they can deny the visa on Moral Turpitude....but there
      were two counts, so I guess this doesn't apply anyway. rats!


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      • #4
        K-1 Visa denied - need an I-601 Waiver


        I'm so sorry guys! Good luck with your appeal.


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        • #5
          K-1 Visa denied - need an I-601 Waiver


          Originally posted by Clare & Steven
          Hi everyone,
          With much sadness I must report our experience at Montreal yesterday. Steven & I arrived at 9:15am for our 10am appt. We waited about 20 minutes on line, went thru the security check and up to the window to pay the $100. We sat for a few minutes and were called up to window #5 to hand over the required documents...the list was very short, no supporting documents to my affidavit of support were asked for (bank/employee letter, etc.) The woman at the counter was very personable and patient.
          We sat back down and our number was called to interview room #12. As soon as we walked in, the interviewer greeted us and slid Steven's passport under the glass to him. Right there, I knew there was trouble. He told him that because he had committed a crime of moral turpitude, he could not grant his visa that day. I almost fell on the floor! Poor Steven just started sobbing...we were so shocked to get this far and then to get slammed back to the ground.
          After doing some reading...a little late for that, I know....I found some threads on the I-601 Waiver. It was suggested to us by the interviewer to fill one out and attach my letter of hardship. Of course, it's another $195 for this, with no guarantee of acceptance. (what else is new?) I have the paperwork here and will Fed-Ex it to him with my letter ASAP so he can forward it to the consulate.
          There IS some good news to all of this, believe it or not. The woman at window #5 spoke to Steven after we were denied and told him that she feels this should be simple and sees no problems in him getting the waiver. She also told him that she is our case manager and to call her if we hit any snags. She is going to expedite our application as soon as she receives it. She thinks it should take about 2 weeks from the time she receives it because he holds an I-94 waiver for visiting and extensive security checks on him were already done.
          Of course, once again, there are no guarantees to any of this and I still must submit a letter of hardship. Now most of the threads I've seen on this were wives or husbands claiming hardship for their spouse, not a fiance. I cannot move to Canada with my two children from my first marriage because we have joint custody. I cannot quit my job of 10 years and start over at my age either. What would stop the US from saying...oh well, find someone else and get on with your life? I've seen these things get denied for married couples, so I have some concerns because we're just engaged.
          For the record, the crime of moral turpitude happened a little over 6 years ago. He was convicted of dangerous driving of a stolen vehicle. So there are 2 separate counts that stem from the same incident. Fortunately, he has no extensive crimminal history and this is the only time he's ever been arrested.
          Sorry to ramble on like this...I'm just so upset that I didn't look any further into this before we went on the interview. I should have done more research...


          I recommend you get a lawyer experienced in waiver work. It is not just
          the hardship to you. You have to balance EVERYTHING. For example, what
          was the crime? Was there more than one crime? Or was it a crime that
          had a maxium sentence of a year or more? Or was he sentenced to
          confinement for more than six months? WHEN was the crime? That is has
          to be factored in. The lesser the offense, then the greater the
          hardship to you. This is a subtle point often missed by applicants and
          sadly, by BCIS officers unless it is explained to them.



          I wonder why you didn't know about this going in?


          --
          Certified Specialist
          Immigration & Nat. Law
          Cal. Bar Board of Legal Specialization


          Posted via http://britishexpats.com

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          • #6
            K-1 Visa denied - need an I-601 Waiver


            Interesting...is the hardship greater because if the crime is smaller a
            correct statement. I don't understand myself. Is it an inverse
            porportional relationship...I.e. her hardship is infact the same but
            divided by the lesser offence, therefore greater?


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            Posted via http://britishexpats.com

            Comment


            • #7
              K-1 Visa denied - need an I-601 Waiver


              Hi, thanks for your response. I did know about his crime, but I never
              knew or even read about "moral turpitude". I didn't know there was a
              chance of him needing further waivers because he already had the I94. I
              thought that since he was allowed to come here after all of the security
              checks, then it would apply to the K-1 as well. It was explained to me
              at the interview that the I94 waiver is for a non-immigrant and the I-
              601 waiver is for an immigrant.

              I also don't understand what you mean about the "lesser the
              offense, then the greater the hardship" to me. Can you explain
              that a bit further?





              Originally posted by Folinskyinla
              I recommend you get a lawyer experienced in waiver work. It is not just the hardship to you. You have to balance EVERYTHING. For example, what was the crime? Was there more than one crime? Or was it a crime that had a maxium sentence of a year or more? Or was he sentenced to confinement for more than six months? WHEN was the crime? That is has to be factored in. The lesser the offense, then the greater the hardship to you. This is a subtle point often missed by applicants and sadly, by BCIS officers unless it is explained to them.
              I wonder why you didn't know about this going in?


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              • #8
                K-1 Visa denied - need an I-601 Waiver


                Clare and Steven



                My condolences on the outcome of today's interview in Montreal. I had
                no idea that Steven had a criminal history that might prove detrimental
                to your quest for a K-1.



                I know it is often a financial hardship for single parents to find the
                financial means to obtain legal services and particularly those of a
                specialized attorney. However, it behooves you to follow Mr.
                Folinskyinla's advice and retain the services of an experienced
                immigration attorney who deals with these waivers on a regular basis.
                Many people have done this on their own as I've seen here on the NG.
                However, Steven has not one but two convictions. What helps is short
                sentence he received and the fact that it was 6 years ago. You do need,
                however, specialized advice that no one other than an attorney is
                qualified to give you.



                I'm pulling for you.



                Rete


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                • #9
                  K-1 Visa denied - need an I-601 Waiver


                  Originally posted by Clare & Steven
                  Hi, thanks for your response. I did know about his crime, but I never knew or even read about "moral turpitude". I didn't know there was a chance of him needing further waivers because he already had the I94. I thought that since he was allowed to come here after all of the security checks, then it would apply to the K-1 as well. It was explained to me at the interview that the I94 waiver is for a non- immigrant and the I-601 waiver is for an immigrant.
                  I also don't understand what you mean about the "lesser the offense, then the greater the hardship" to me. Can you explain that a bit further?


                  Hi:



                  "Extreme hardship" is not a term floating out there in space which be
                  readily defined.



                  The degree of hardship to be "extreme" would be higher if he was guilty
                  of three rapes five years ago as opposed to two petty theft shoplifting
                  offenses of chewing gum 20 years ago.



                  There are two venerable cases in the 212(h) area and BCIS tends to note
                  the first one of the kid who had commited multiple burglaries in the
                  recent past and had shown little or no remorse -- on the hardship to the
                  parents, no where near enough. A following case, citing the first, was
                  an example where a waiver was granted. [Quite often the precedent
                  decisions are "no" with no countervailing "yes" cases to define the
                  parameters]. The second case involved a former prostitute who had
                  reformed herself and her US husband had lived with her on the US border
                  in Mexico for some years. Hubby wanted to return to his home town in
                  the North East. INS -- DD opined that life on Mexico US border was
                  mighty fine and besides cost of living was lower. Commissioner found
                  that given age of the offenses, the time spent in exile, the complete
                  reform, it could not be disputed that hardship was shown.


                  --
                  Certified Specialist
                  Immigration & Nat. Law
                  Cal. Bar Board of Legal Specialization


                  Posted via http://britishexpats.com

                  Comment


                  • #10
                    K-1 Visa denied - need an I-601 Waiver

                    Commissioner found that given age of the offenses, the time spent in exile, the complete reform, it could not be disputed that hardship was shown.








                    Interesting point. It never occured to me that you could actually use
                    the offence to work in your favor if its old enough and reform has
                    been shown.

                    I'm making notes for my own I601 waiver so thanks for this subtle
                    pointer Mr. F


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                    • #11
                      K-1 Visa denied - need an I-601 Waiver


                      Originally posted by CharlieS
                      Commissioner found that given age of the offenses, the time spent in exile, the complete reform, it could not be disputed that hardship was shown.








                      Interesting point. It never occured to me that you could actually use
                      the offence to work in your favor if its old enough and reform has
                      been shown.
                      I'm making notes for my own I601 waiver so thanks for this subtle pointer Mr. F


                      Hi:



                      Make all the notes you want -- however, almost ALL of the case law is on
                      situations where the ultimate result was NO. And the people who
                      adjudicate these cases are NOT lawyers. So they unthinkingly cite all
                      the "Nay" cases not realizing for example that courts in reviewing cases
                      have limited powers and must give deference -- even though the judge may
                      disagree with an administrative deciscion, she will be required to
                      uphold unless it is totally off the wall. The trick is to marshall
                      their OWN cases to show why your case can and should be approved.



                      The language is there in the cases if you know how to look for it and
                      then use it -- and that is PRECISELY what lawyers are trained to do.
                      This is NOT filling out forms or going "golly gee, I'm in love and it
                      ain't fair to keep us apart."


                      --
                      Certified Specialist
                      Immigration & Nat. Law
                      Cal. Bar Board of Legal Specialization


                      Posted via http://britishexpats.com

                      Comment


                      • #12
                        K-1 Visa denied - need an I-601 Waiver


                        Hi there,



                        For what it is worth, Iwe filed EVERY single reason we could think
                        of why Mary Ann could not be reasonably expected to trael to the UK.
                        Everything from her Mom who is 82 & relies upon MA to get her to the
                        shops, docs & take care of other matters through work, house
                        shipping etc to the fact that her pooch would be in quarantine for 6
                        months in the UK.



                        The main trouble that I can see with your case is the fact that the
                        CIMTs were committed only 6 years ago. The longer they are in your past
                        the better. I had CIMTs & the view was that they were all in the ' when
                        I was 20 ' category. They judged me as a man of 40 not a youth of 20
                        (fortunately)



                        All the best with your application



                        Doc


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                        • #13
                          K-1 Visa denied - need an I-601 Waiver

                          "doctor scrumpy" <[email protected]_expats.com> wrote:
                          shipping etc to the fact that her pooch would be in quarantine for 6 months in the UK.
                          Kind of O/T but I believe that there's now a program that will allow that to
                          be skipped if you have the documentation to show they have had rabies (and
                          probably other) shots.

                          Andy.

                          --
                          I'm not really here - it's just your warped imagination.


                          Comment


                          • #14
                            K-1 Visa denied - need an I-601 Waiver


                            Is it just me or am I the only person who is a little concerned with the
                            fact that you are trying to get this man into the US. He is a convicted
                            criminal, why should he be allowed in to the US, we have enough
                            criminals here as it is without shipping more in. I'm sorry to be harsh
                            but I don't think he should be allowed to come here.



                            Sorry.



                            Rich


                            --
                            Living it large in Middle America!


                            Posted via http://britishexpats.com

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                            • #15
                              K-1 Visa denied - need an I-601 Waiver


                              Originally posted by BritishInOhio
                              Is it just me or am I the only person who is a little concerned with the fact that you are trying to get this man into the US. He is a convicted criminal, why should he be allowed in to the US, we have enough criminals here as it is without shipping more in. I'm sorry to be harsh but I don't think he should be allowed to come here.

                              Sorry.

                              Rich




                              You are, of course, entitled to your opinion.



                              However, I would suggest you read the NG archives. There are many a
                              citizen from Britian and other countries as well who have criminal
                              histories that have been able to navigate the I-601 waiver and enter the
                              US to be with their fiancees and spouses.



                              Are you one of those that does not believe that criminals can be
                              rehabilitated or perhaps that one strike means you are out for life.



                              What about youth offenders? Does it mean that being a dimwitted
                              teenager who has a brush with the law can no longer hope to become a
                              sterling citizen in their adulthood?



                              Rete


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