Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

K1 VISA- IS 1-601 WAIVER POSSIBLE

K1 VISA- IS 1-601 WAIVER POSSIBLE

Old Oct 30th 2020, 5:44 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Feb 2020
Posts: 30
PINELLA is an unknown quantity at this point
Default K1 VISA- IS 1-601 WAIVER POSSIBLE

Hello,
Very new to this forum. Hope you guys can help. Here goes. I am a US Citizen (currently residing in the US) and my finance is a UK Citizen. (resides in the UK). We are in the process of applying for the K1 Visa, however, he has one CIMIT (shop lifting offence dated back to 2005). He has visited US on numerous occasions on a non immigrant B2 visa/waiver ( was issued for 5 years and expires Dec 2020).
The questions that I have are:
1. If we apply for the K1 Visa, we know it will be rejected
2. If rejected, can he file i-601 waiver ( again my understanding is that you can only file i-601 waiver if you are married to a US Citizen)- Is my assumption correct !!!!!
3. Not clear what type of waiver WhymeWhyme was approved for his K1 VISA

Any response would be appreciated
PINELLA is online now Add to PINELLA's Reputation Report Post

Last edited by PINELLA; Oct 30th 2020 at 5:53 pm.
PINELLA is offline  
Old Oct 30th 2020, 6:33 pm
  #2  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 44,226
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

From the mouth/website of an immigration attorney:

After all, your fiancé very likely intends to remain in the U.S. permanently, by filing for adjustment of status (a green card) after the marriage. Therefore, the fiancé would need to request an immigrant waiver by filing USCIS Form I-601, Application for Waiver of Grounds of Inadmissibility.
Rete is online now  
Old Oct 30th 2020, 8:15 pm
  #3  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,400
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Yes, a K-1 applicant can file for an immigrant waiver. Rete summarized it accurately.

However, I would not be so sure that your fiancé is inadmissible. He may be entitled to the petty offense exception. BTW, Mr. Tooby is the immigration bar’s maven on the effect of convictions.

This may be a time where a legal consultation is in order.
S Folinsky is offline  
Old Oct 30th 2020, 8:45 pm
  #4  
Forum Regular
Thread Starter
 
Joined: Feb 2020
Posts: 30
PINELLA is an unknown quantity at this point
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by S Folinsky View Post
Yes, a K-1 applicant can file for an immigrant waiver. Rete summarized it accurately.

However, I would not be so sure that your fiancé is inadmissible. He may be entitled to the petty offense exception. BTW, Mr. Tooby is the immigration bar’s maven on the effect of convictions.

This may be a time where a legal consultation is in order.
Many thanks for your replies. Unfortunately, he is not entitled to the petty offence exception, as the matter was dealt in a Crown Court. Shortly after conviction, he sought advice from a well known American Attorney, very close to then the old Embassy location, on whether he should plead guilty at the Magistrates Court or argue his conviction in a Crown Court. Believe it or not, the attorney had advised him that it would not make any difference as he would fall under the petty offence. Turns out she was wrong after the event and simply apologized for her error and simply waived her fees.......
PINELLA is offline  
Old Oct 31st 2020, 2:53 pm
  #5  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 33,708
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Presumably you are aware of the issues of a K1? LFor most a CR1 is preferable.
Boiler is online now  
Old Oct 31st 2020, 5:38 pm
  #6  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 44,226
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by Boiler View Post
Presumably you are aware of the issues of a K1? LFor most a CR1 is preferable.

The problem with the CR-1 is that with the pandemic there are so many restrictions on visiting other countries that finding a place to travel to for a wedding is difficult.
Rete is online now  
Old Nov 1st 2020, 10:40 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Feb 2020
Posts: 30
PINELLA is an unknown quantity at this point
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by Boiler View Post
Presumably you are aware of the issues of a K1? LFor most a CR1 is preferable.
Would you please expand on the issues of K1.... I am new to this application process and hence am not aware of any issues.
In anticipation of your response, thank you.......
PINELLA is offline  
Old Nov 1st 2020, 11:49 pm
  #8  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,287
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by PINELLA View Post
Would you please expand on the issues of K1.... I am new to this application process and hence am not aware of any issues.
In anticipation of your response, thank you.......
He's referring to the fact that after arriving in the USA, getting married and filing AOS, it can then take several months to get your work authorization, so you'll be unable to work for many months after arrival. That is the biggest K-1 hurdle for many people.

Also, same goes for your travel authorization, so you'll be landlocked in the USA for many months as well.

Rene

Last edited by Noorah101; Nov 1st 2020 at 11:53 pm.
Noorah101 is offline  
Old Nov 2nd 2020, 12:48 am
  #9  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 33,708
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by PINELLA View Post
Would you please expand on the issues of K1.... I am new to this application process and hence am not aware of any issues.
In anticipation of your response, thank you.......
Just a few points:K-1

More expensive than CR-1

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

Spouse can not leave the US until she receives approved Advance Parole (approx 6 months)

Spouse can not work until he/she receives EAD (approx 6 months)

Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

Less expensive than K-1

No AOS required.

Spouse can immediately travel outside the US

Spouse can start work if desired

Spouse receives Social Security Card and Green Card usually within 2 or 3 weeks after entering the US

Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.


Boiler is online now  
Old Nov 2nd 2020, 5:11 pm
  #10  
Forum Regular
Thread Starter
 
Joined: Feb 2020
Posts: 30
PINELLA is an unknown quantity at this point
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by Boiler View Post
Just a few points:K-1

More expensive than CR-1

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

Spouse can not leave the US until she receives approved Advance Parole (approx 6 months)

Spouse can not work until he/she receives EAD (approx 6 months)

Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

Less expensive than K-1

No AOS required.

Spouse can immediately travel outside the US

Spouse can start work if desired

Spouse receives Social Security Card and Green Card usually within 2 or 3 weeks after entering the US

Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
Thank you !!!!
PINELLA is offline  
Old Nov 4th 2020, 1:52 pm
  #11  
Forum Regular
Thread Starter
 
Joined: Feb 2020
Posts: 30
PINELLA is an unknown quantity at this point
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Ok, few more question:

1. it clears from reading previous posts on this forum that if I applied for a K1 visa for my boyfriend (in UK), it will be denied due to his CIMIT (shoplifting) in 2005.
2. For the avoidance of any doubt, he has been granted a B2 visa/waiver for 5 years, which expires in December 2020. His last visit to the US was between November 2019 to March 2020.
3.The key question is that if the K1 is denied, what waiver application status does he fall under. Let me explain... under the B2, the waiver was approved under the non immigrant status, that is, the waiver was recommended by Consular Officer at the time of the B2 visa interview and he did not have to file any additional paperwork.
4. So, if the K1 is denied, will he be directed to file the i-601 application, which I believe is immigrant visa waiver. I have seen a previous post of this forum by WHYMEWHYME (identical circumstances to mine). It would appear that his waiver for approved, but it it is not clear if he had to FILE the i-601 application , was simply recommended by the Consular officer under the non immigrant status, hence hid not not have to file any paperwork.
5. Moving forward, it is a little bit confusing, when filing adjustment of status (on the assumption after his K1 is granted with a waiver and we are married), he will be required to file another I-601...is this correct

Any advice would be appreciated.

Last edited by PINELLA; Nov 4th 2020 at 1:58 pm.
PINELLA is offline  
Old Nov 4th 2020, 1:54 pm
  #12  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 33,708
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

I 601 is the waiver required for Immigrating, even though K1 is not an immigrant visa it falls in that category.
Boiler is online now  
Old Nov 4th 2020, 2:24 pm
  #13  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,287
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

The I-601 is what the consular offer will recommend. I don't know what that all entails.

Once he gets to the USA and wants to file AOS, there are no more waivers involved.

Rene
Noorah101 is offline  
Old Nov 4th 2020, 2:38 pm
  #14  
Forum Regular
Thread Starter
 
Joined: Feb 2020
Posts: 30
PINELLA is an unknown quantity at this point
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by Noorah101 View Post
The I-601 is what the consular offer will recommend. I don't know what that all entails.

Once he gets to the USA and wants to file AOS, there are no more waivers involved.

Rene
Thank You again.
PINELLA is offline  
Old Nov 4th 2020, 2:57 pm
  #15  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 44,226
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: K1 VISA- IS 1-601 WAIVER POSSIBLE

Originally Posted by PINELLA View Post
Ok, few more question:


5. Moving forward, it is a little bit confusing, when filing adjustment of status (on the assumption after his K1 is granted with a waiver and we are married), he will be required to file another I-601...is this correct

Any advice would be appreciated.
No, that is NOT correct.
Rete is online now  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.