Waiver application prior to petition approval, visa denial?
Mar 26th 2004, 10:47 am
#1
Just Joined
Thread Starter
Joined: Sep 2002
Location: US
Posts: 11
Waiver application prior to petition approval, visa denial?
Hello,
I have noticed some people have submitted waiver applications prior to K3, I130 approvals and visa denials. I was told by my attorney that you could not apply for I212 or 601 waiver until the visa is denied. Is this true or can you apply while the petition is in process as I noticed in some cases here? Also can a waiver be granted on a K3, or is it only for I130s? Thank you for your help.
I have noticed some people have submitted waiver applications prior to K3, I130 approvals and visa denials. I was told by my attorney that you could not apply for I212 or 601 waiver until the visa is denied. Is this true or can you apply while the petition is in process as I noticed in some cases here? Also can a waiver be granted on a K3, or is it only for I130s? Thank you for your help.
Mar 26th 2004, 2:53 pm
#2
Forum Regular
Joined: Oct 2003
Location: Santiago, Chile
Posts: 149
Re: Waiver application prior to petition approval, visa denial?
Hi, I am also filing for a K3 and as far as I know, you should be eligible for an I-601 waiver if your visa is dinied. I am preparing mine bacuase of an oversaty. Also, you cannot file a waiver until it is asked for. You can prepare it in advance and have it with you at the interview and file it if you are asked for it.
Good luck.
Good luck.
