meauxna

I'm going to do the unusual and ask you to condense this thread into one post with all the facts, and post it in the other Immigration forum.
People more familiar with the codes & waivers will answer there.

I don't even want to guess with the state my head's been in this week (dying of bubonic plague last time I checked).
x

sailormoon

well atleast there's a way out! So do they need to apply for this before starting their fiance visa process?

Rete

No it is applied for after denial. He would bring the completed form with him to the K-1 interview and submit it then and there after denial. However, getting the waiver is not so easy. They have to prove it is a hardship to the US Citizen to live in the UK/immigrate from the US.

sailormoon

Thanks for your help. Do you have any idea of what evidence they would need to show? Lets say if she says, there's an educational hardship involved (I read about that as being one of the hardships). Like for example if she can not pursue education because of this whole ordeal. Does that count?

Rete

I honestly do not know what the reasons might be outside of the obvious, i.e. a parent who has custody of a child that is not allowed to live outside of the US.

Education might not be a good reason simply because higher education in the UK is as good as, if not superior in many ways, to higher education in the US.

There is a site that deals with waivers of inadmissibility. I know if you search here you will find the link.

Folinskyinla

Hi:

You have a very serious problem here. He admitted to commission of a crime. And you say that you got this from a friend who describes what fiance says happened to him. IOW, no details other than the big fact that she was 17 at the time and he was 20.

Well, as you say, they interviewed him for hours. In order to have a valid admission, the border people had to tell him what was the precise law he validated -- i.e. the actual statute and each and every element. This information is absolutely essential. A FOIA/PA request may have to be done on the "A-file" that was created. [He may have been provided a copy of his airport statement.] But the paperwork will have to be examined.

Then the maximum possible sentence will have to determine. By the way, if we were dealing with grounds of deportability, rather than admissability, and he had been convicted -- it would have been classified as an "aggravated felony."

The waiver will have to be applied for after the K-1 process has been taken to the end and the visa is denied. However, the waiver application should be ready then.

Your friend helped her fiance commit an extremely serious crime. They appear to have admitted that they did so. However, I surmise that they are thinking "WTF, all we did was ..."

They will need legal counsel on this one. This is not a DIY project or fill out the forms.

They do not need "empathy" -- they need effective help.

discoviking

The link is: http://immigrate2us.net/

They have a list of recommended attorneys experienced with the waiver process posted in their FAQ section.

sailormoon

ok thanks for your help guys. Out of curiousity, if they got married and tried to go the K3 route or something, would that make a difference? Does being married have a higher standing than intending to get married?

Geez from the sounds of it, it just seems hopeless. I honestly can't think of any "extreme" hardships that they have proof for other than the obvious seperation thing which doesn't count.

Noorah101

No, being married in this case carries no extra weight in their favor. They will still need a waiver.

This is why it's crucial to get a lawyer's input. The lawyer can think of more reasons and ways to word the waiver so that it becomes more in their favor.

Rene

sailormoon

Yes I have told her that a lawyer is the best thing to do at this time.

drjulius

Please post the outcome whenever it becomes known. thanks.