601 waiver for a K1

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Old Mar 22nd 2007, 6:31 pm
  #1  
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Default 601 waiver for a K1

Hi,
Hope this doesn't get too long but I have a few questions as I am currently waiting for a yay/nay on a 601 waiver;
1) I was told I needed a waiver when attending the U.S. embassy here in London. I never actually had an interview at that time - they sent me off with the required paperwork. Will I still have to attend the embassy for an interview if the waiver is granted?
2) I'm of the opinion that I shouldn't have had to apply for a waiver anyways - I was stupid once, 1984, and went into an empty house with a friend. He took a phone, I took some junk mail (to post through someones elses letterbox - dumb I know), anyways, we were arrested and charged with two offences; 1 of theft (for the phone) and one of burglary for the junk mail. Theft charge was "case dismissed" for no evidence (guess the policeman liked the phone!) and we got conditional discharges for the burglary. Now the embassy staffer said this counts as two convictions - how can this be? Especially if the crime is tried before a magistrates court the maximum sentence is 6 months. The lawyer we hired in the States said not to mention this in my letter to the embassy.
3) After we got engaged and started the K1 application my fiancee (American) decided she wanted a summer wedding so last year we had a "wedding". We exchanged vows and rings but have not yet signed any paperwork to make it legally binding. Do you think I should not mention this if there is an interview?

thanks in advance for any help
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Old Mar 22nd 2007, 6:36 pm
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Default Re: 601 waiver for a K1

Originally Posted by Stella Artois
Hi,
Hope this doesn't get too long but I have a few questions as I am currently waiting for a yay/nay on a 601 waiver;
1) I was told I needed a waiver when attending the U.S. embassy here in London. I never actually had an interview at that time - they sent me off with the required paperwork. Will I still have to attend the embassy for an interview if the waiver is granted?
2) I'm of the opinion that I shouldn't have had to apply for a waiver anyways - I was stupid once, 1984, and went into an empty house with a friend. He took a phone, I took some junk mail (to post through someones elses letterbox - dumb I know), anyways, we were arrested and charged with two offences; 1 of theft (for the phone) and one of burglary for the junk mail. Theft charge was "case dismissed" for no evidence (guess the policeman liked the phone!) and we got conditional discharges for the burglary. Now the embassy staffer said this counts as two convictions - how can this be? Especially if the crime is tried before a magistrates court the maximum sentence is 6 months. The lawyer we hired in the States said not to mention this in my letter to the embassy.
3) After we got engaged and started the K1 application my fiancee (American) decided she wanted a summer wedding so last year we had a "wedding". We exchanged vows and rings but have not yet signed any paperwork to make it legally binding. Do you think I should not mention this if there is an interview?

thanks in advance for any help
Uusally they approve you subject to the waiver.

You have to disclose your past misdeeds on your application. I am not sure where you are in the process. Why did you go to the Embassy.

Assuming it has no legal validity, no, just confuse matters.
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Old Mar 22nd 2007, 7:05 pm
  #3  
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Default Re: 601 waiver for a K1

Originally Posted by Boiler
Uusally they approve you subject to the waiver.

You have to disclose your past misdeeds on your application. I am not sure where you are in the process. Why did you go to the Embassy.

Assuming it has no legal validity, no, just confuse matters.
Thanks for the rapid reply!
Seems odd that they'd skip the interview because I need a waiver, ut who knows how they work!
I had submitted the application for a K1 - paperwork, medical etc, last year and the embassy requested I attend for an interview last November. Before I actually had the interview the young lady at one of the counters in the embassy processing the application noticed the court report and between her and her supervisor it was decided I needed to apply for a 601 waiver. They gave me the paperwork for the 601 and sent me away.
They said that as there were 2 charges on the court report it counted as "2 convictions" - this is what has me confused, they could plainly see on the record that one charge was dropped and anyways, the police only charged us with one offence.
I had to supply a police record and court report with the initial application so there was no way could not disclose the wrongdoing.
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Old Mar 22nd 2007, 9:11 pm
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Default Re: 601 waiver for a K1

Originally Posted by Stella Artois
Thanks for the rapid reply!
Seems odd that they'd skip the interview because I need a waiver, ut who knows how they work!
I had submitted the application for a K1 - paperwork, medical etc, last year and the embassy requested I attend for an interview last November. Before I actually had the interview the young lady at one of the counters in the embassy processing the application noticed the court report and between her and her supervisor it was decided I needed to apply for a 601 waiver. They gave me the paperwork for the 601 and sent me away.
They said that as there were 2 charges on the court report it counted as "2 convictions" - this is what has me confused, they could plainly see on the record that one charge was dropped and anyways, the police only charged us with one offence.
I had to supply a police record and court report with the initial application so there was no way could not disclose the wrongdoing.
If you want to argue the need for a waiver you will need a lawyer, I am surprised you need one, but I am no a lawyer.

2 good sources for waivers, plus of course the Embassy web site has guidance:

www.immigrate2us.net, mainly Mexico but the principals are the same.

www.visajourney.com, see waiver forum.

London has the reputation of being a relatively easy place to get a waiver, especially if you prepare it correctly.
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Old Mar 23rd 2007, 12:55 am
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Default Re: 601 waiver for a K1

Originally Posted by Stella Artois
Hi,
Hope this doesn't get too long but I have a few questions as I am currently waiting for a yay/nay on a 601 waiver;
1) I was told I needed a waiver when attending the U.S. embassy here in London. I never actually had an interview at that time - they sent me off with the required paperwork. Will I still have to attend the embassy for an interview if the waiver is granted?
2) I'm of the opinion that I shouldn't have had to apply for a waiver anyways - I was stupid once, 1984, and went into an empty house with a friend. He took a phone, I took some junk mail (to post through someones elses letterbox - dumb I know), anyways, we were arrested and charged with two offences; 1 of theft (for the phone) and one of burglary for the junk mail. Theft charge was "case dismissed" for no evidence (guess the policeman liked the phone!) and we got conditional discharges for the burglary. Now the embassy staffer said this counts as two convictions - how can this be? Especially if the crime is tried before a magistrates court the maximum sentence is 6 months. The lawyer we hired in the States said not to mention this in my letter to the embassy.
3) After we got engaged and started the K1 application my fiancee (American) decided she wanted a summer wedding so last year we had a "wedding". We exchanged vows and rings but have not yet signed any paperwork to make it legally binding. Do you think I should not mention this if there is an interview?

thanks in advance for any help
If your lawyer says don't mention something, don't mention it HERE.

If you're thinking you shouldn't mention something, ask your lawyer, and don't mention it HERE.

I am not being unkind, this information is in the public domain, anyone can see it, and that includes the USCIS.
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