Lost2003

Hi, my consulate is telling me that I cannot file an I-601 if I am applying for a K-3, they are saying that I have to wait for the I-130 to be approved first and then I can file the I-601. As for my I-130 application, the USCIS is saying that it will take 990 days for approval, that is 3 years form now. Is it true that I can't file the I-601 with a K-3, can somebody give me the the seccion of the INA where it says that I can file the I-601?
Thanks for your help.

GiveMeStrength

Here it is: http://uscis.gov/lpBin/lpext.dll/ins...lb-8cfrsec2127
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Sec. 212.7 Waiver of certain grounds of excludability.


(a) General --


(1) Filing procedure --


(i) Immigrant visa or K nonimmigrant visa applicant. An applicant for an immigrant visa or "K" nonimmigrant visa who is inadmissible and seeks a waiver of inadmissibility shall file an application on Form I-601 at the consular office considering the visa application. Upon determining that the alien is admissible except for the grounds for which a waiver is sought, the consular officer shall transmit the Form I-601 to the Service for decision. (Revised 8/14/01; 66 FR 42587)

Folinskyinla

Hi:

I recommend you or your spouse to speak to your attorney immediately. First of all, your attorney will have told you that the time frame printed on the I-797 receipt notices are pieces of fiction.

Also, notionally speaking, the consulate happens to be right since the I-601 covers only "immigrant" classification and does not cover "non-immigrant" classifications. However, it has been the practice of the Department of State to take I-601 in the what I call the "quasi-immigrant" "K" non-immigrant classfication. [The regulations of the former INS do allow for an I-601].

Based upon what YOU describe, what were you told about the 212(d)(3) waiver procedure then?

Again, let your attorney straighten this out.

Lost2003

Thanks for your help. We already talked to our attorney and she was going to check into it.

Lost2003

Based upon what YOU describe, what were you told about the 212(d)(3) waiver procedure then?

Hi Mr. Folinskyinla,
I have to admit that I am a little lost as to section 212 (d) (3). My old attorney had mentioned it, but isn't it for very particular cases? I think that is should not apply to my K-3. Could you please explain?
Thanks.

Folinskyinla

Hi:

212(d)(3) is a general NON-immigrant waiver for pretty much anything except national security. I have a client married to a US cit who has a heroin conviction from the late 60's. She keeps coming to the US on numerous working NIV's and 212(d)(3) waivers. In fact, the consulate and overseas DHS office in question have her case as a standard one and I'm not needed anymore.

Lost2003

Thanks for your reply. I will consult with my attorney to see if it would work.