doctor scrumpy

I have just been advised that you cannot file an I-601 unless the couple are married ? Mere my fiancée cannot move out of the USA is not reason enough ? Can someone confirm or deny this please.

lairdside

I don't believe that this is true - unless something has changed?

As far as I am aware an I-601 can be filed for it's approval to allow a K-1 to be approved.

doctor scrumpy

That's a relief. Was worried we would have to get married, then like so many live apart. It is bad enough now....

BeachBunny

I would double check just in case... Looking at the brief my lawyer file with my petition she does make mention of

"In addition to the new three- and ten-year bars to admissibility, Congress also created a corresponding waiver. The INS may grant a waiver of the applicable INA (ss symbol here)212(a)(9)(B) bar to admissibility if the intending immigrant is the spouse or son or daughter of a U.S. citizen or lawful permanent resident..."

I thought of you Dr S when I read that. I was going to start looking through old posts..oh... I just remembered. PeteF not married when he filed his successful waiver last fall!!

vze33hss

Hi All,

I participated in a chat at ilw.com last night. The lawyer was a Mr. Dixler
out the Illinois area. I asked about filing an I-601 for my fiancee as we
now anticipate problems with the K-1. He informed me that the only way to
file a waiver is to be married to the person.

Toria


in article [email protected], lairdside at
[email protected] wrote on 7/18/03 7:23 PM:

    >
    > Originally posted by doctor scrumpy
    >
    >> I have just been advised that you cannot file an I-601 unless the
    >> couple are married ? Mere my fiancée cannot move out of the USA is not
    >> reason enough ? Can someone confirm or deny this please.
    >
    >
    >
    > I don't believe that this is true - unless something has changed?
    >
    >
    >
    > As far as I am aware an I-601 can be filed for it's approval to allow a
    > K-1 to be approved.
    >
    >
    > --
    > Posted via http://britishexpats.com

doctor scrumpy

Yes, that is where I got the info from, although I crashed out 1/2 way through his reply so never got much more than u need to be married etc. Damn that is going ot be a real problem, after all, if turned down for a k-1, will they let me into the USA & then smile benignly when I file a k-3 ?

Folinskyinla

Hi:

I think there is a divergence in law and practice on this one -- this arises from the hybrid nature of the K-1 visa -- it is a "non-immigrant" visa used for the purpose actually immigrating.

The I-601 is needed for immigrating. In order to immigrate and to qualify for the visa, you need to be married.

On the non-immigrant end of things, there is a general waiver [212(d)(3)] for pretty much anything.

This is an educated guess, but I think that the 212(d)(3) and I-601 waivers have been roled into one on this -- and thereby avoiding two waivers and avoiding a "Catch-22" situation.

The administrative processing in the immigration laws often contain such accomodations to comply with the spirit of the law.

Folinskyinla

Hi:

Kevin is an excellent lawyer -- and I think he was thinking about the strict statutory provisions. One of the things I learned from this list is that the consuls DO take I-601's for K -- as I mentioned in another posting, I can see how this is done -- administrative convenience since the act does provide for a general non-immigrant waiver.

BeachBunny

Dr Scrumpy, read these two posts... it will clearly show that London has allowed an I-601 to be filed for a K-1 applicant.

For general background on his case

http://britishexpats.com/forum/showt...hreadid=118348


To read that he's approved.. and its still shows them not being married.

http://britishexpats.com/forum/showt...hreadid=124598

doctor scrumpy

As ever thanks everyone for the tips and advice.

Have a safe flight Laura, and a great & successful time in the UK this week

Doc

vze33hss

I know what you mean. I think I'm going to go all the way with it. I'll take
my chances and file a waiver, we are so close now. There was also a post
from a respected lawyer on this NG that he has seen similar situations where
waivers were filed. I'm going for it!!

Toria


in article [email protected], doctor scrumpy at
[email protected] wrote on 7/19/03 10:21 AM:

    >
    > Yes, that is where I got the info from, although I crashed out 1/2 way
    > through his reply so never got much more than u need to be married
    > etc. Damn that is going ot be a real problem, after all, if turned
    > down for a k-1, will they let me into the USA & then smile benignly
    > when I file a k-3 ?
    >
    >
    > --
    > Posted via http://britishexpats.com

vze33hss

I was wondering if there were different versions of this form for different
purposes??

Toria


in article [email protected], Folinskyinla at
[email protected] wrote on 7/19/03 10:33 AM:

    >
    > Originally posted by doctor scrumpy
    >
    >> I have just been advised that you cannot file an I-601 unless the
    >> couple are married ? Mere my fiancée cannot move out of the USA is not
    >> reason enough ? Can someone confirm or deny this please.
    >
    >
    >
    > Hi:
    >
    >
    >
    > I think there is a divergence in law and practice on this one -- this
    > arises from the hybrid nature of the K-1 visa -- it is a "non-immigrant"
    > visa used for the purpose actually immigrating.
    >
    >
    >
    > The I-601 is needed for immigrating. In order to immigrate and to
    > qualify for the visa, you need to be married.
    >
    >
    >
    > On the non-immigrant end of things, there is a general waiver
    > [212(d)(3)] for pretty much anything.
    >
    >
    >
    > This is an educated guess, but I think that the 212(d)(3) and I-601
    > waivers have been roled into one on this -- and thereby avoiding two
    > waivers and avoiding a "Catch-22" situation.
    >
    >
    >
    > The administrative processing in the immigration laws often contain such
    > accomodations to comply with the spirit of the law.
    >
    >
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    >
    >
    > Posted via http://britishexpats.com

vze33hss

Hi All!!

I feel like I'm in law school now guys, (lol). I'm just trying to understand
the waiver thing.

With respect to the INA, the waiver corresponds with the INA number and
paragraph like for example waivers for K-1, 212 (d)(3)(a). This particular
waiver is based on INA 212 paragraphs d or 3 or a?? These have nothing to do
with hardship, right??

On the other hand, K-3 for example could also use I-601 to show hardship to
spouse, in addition to INA 212 which attempts to over turn denials based on
the particular INA number and paragraph.

K-1's never need to show hardship thus, don't need to use I-601. K-3's use
both if trying to show hardship and over turn denial, right??

Okay, now for the finale, for k-3's if they are successful in showing
hardship the spouse is automatically admissible?? K-1's stand solely on the
law either you are or are not??

Help!!!! my brain hurts!!

Toria

lairdside

*hugs* DS - Just goes to show that even correct interpretation of staututorial provisions may not always a failsafe method for prediction of what may actually happen. It could even concievably vary from Consulate to Consulate.

This is why I believe that Meauxna constantly stresses that people should speak to the Consulate themselves, even experiences based upon recent policies can become out-of-date overnight. The only real way to find out what is happening now is to ask them.

I was sure that I had heard of London allowing the I-601 waiver to be filed for K-1 cases though

Kelly & John Schutte

doctor scrumpy wrote in message news:...
    > I have just been advised that you cannot file an I-601 unless the couple
    > are married ? Mere my fiancée cannot move out of the USA is not reason
    > enough ? Can someone confirm or deny this please.

I was told by our attny that a waiver could have been filed for the
K1, but for the waiver to be approved, you'd need to show
hardship...and as he explained, what is hardship on someone your not
related to? So, I married my fiance, made him an immediate relative
to strengthen our hardship case.

If you remember me....I was not denied exactly, but the waiver was not
granted as it didnt show EXTREME Hardship ( I am sure that will be the
next reality TV show...lol)

We are still fighting...and have until end of Sept to somehow prove
extreme hardship.

Good luck...and feel free to write me or John directly for support or
ameture advice....Kelly & John [email protected]
[email protected]