vze33hss

Hi All,

Has anyone successfully or unsuccessfully submitted a waiver for a
fiance/fiancee to a consulate?? We anticipate having to do so for my
fiancee.

I'd like to know your experiences. We don't think we want to submit it
ourselves, we just want to be sure we are well versed on the subject.

Again, we are interested in all experiences however, CIMT are of special
interest to us.

Thank you,

Toria

Ben Johnson

If you do not fall under the exceptions in the statutes, then you will
probably not get the visa.

The guidelines the consulate will use are the INS rules on the matter asking
the basic question.....at AOS whould the immigrant be granted permanent
resident status given the cirmcumstances...... since some CIMT offenses even
after permanent residence status is granted can result in deportation...you
may be fighting an up hill battle.

Review this matrox for some info that may be helpful
http://foia.state.gov/famdir/masterd.../0940006X1.pdf

Ben

wrote in message
news:BB3F26B8.E3CA%[email protected]...
    > Hi All,
    > Has anyone successfully or unsuccessfully submitted a waiver for a
    > fiance/fiancee to a consulate?? We anticipate having to do so for my
    > fiancee.
    > I'd like to know your experiences. We don't think we want to submit it
    > ourselves, we just want to be sure we are well versed on the subject.
    > Again, we are interested in all experiences however, CIMT are of special
    > interest to us.
    > Thank you,
    > Toria

vze33hss

Ben,

Thank you so much for this valuable info. I have an idea. Let's say our
waiver is granted, my fiancee comes to USA and we marry within 90 days. Can
he file for political asylum since he is Cuban born?? Would this stop any
possible deportation motions??

Toria


in article [email protected] .net, Ben
Johnson at [email protected] wrote on 7/19/03 9:41 PM:

    > If you do not fall under the exceptions in the statutes, then you will
    > probably not get the visa.
    >
    > The guidelines the consulate will use are the INS rules on the matter asking
    > the basic question.....at AOS whould the immigrant be granted permanent
    > resident status given the cirmcumstances...... since some CIMT offenses even
    > after permanent residence status is granted can result in deportation...you
    > may be fighting an up hill battle.
    >
    > Review this matrox for some info that may be helpful
    > http://foia.state.gov/famdir/masterd.../0940006X1.pdf
    >
    > Ben
    >
    > wrote in message
    > news:BB3F26B8.E3CA%[email protected]...
    >> Hi All,
    >>
    >> Has anyone successfully or unsuccessfully submitted a waiver for a
    >> fiance/fiancee to a consulate?? We anticipate having to do so for my
    >> fiancee.
    >>
    >> I'd like to know your experiences. We don't think we want to submit it
    >> ourselves, we just want to be sure we are well versed on the subject.
    >>
    >> Again, we are interested in all experiences however, CIMT are of special
    >> interest to us.
    >>
    >> Thank you,
    >>
    >> Toria
    >>
    >>
    >
    >

Ben Johnson

That is a twist I am not familiar with......

Logic however suggests, that if he is granted the visa, there is an
expectation that he should be able to adjust status, based on the marriage
to you, negating any need to file for political asylum.

Likewise if the consulate did not feel he could adjust status after the
marriage they would not issue the visa and he would not be here, to be
subject to deportation.

Ben


wrote in message
news:BB3F8104.E5EA%[email protected]...
    > Ben,
    > Thank you so much for this valuable info. I have an idea. Let's say our
    > waiver is granted, my fiancee comes to USA and we marry within 90 days.
Can
    > he file for political asylum since he is Cuban born?? Would this stop any
    > possible deportation motions??
    > Toria
    > in article [email protected] .net, Ben
    > Johnson at [email protected] wrote on 7/19/03 9:41 PM:
    > > If you do not fall under the exceptions in the statutes, then you will
    > > probably not get the visa.
    > >
    > > The guidelines the consulate will use are the INS rules on the matter
asking
    > > the basic question.....at AOS whould the immigrant be granted permanent
    > > resident status given the cirmcumstances...... since some CIMT offenses
even
    > > after permanent residence status is granted can result in
deportation...you
    > > may be fighting an up hill battle.
    > >
    > > Review this matrox for some info that may be helpful
    > > http://foia.state.gov/famdir/masterd.../0940006X1.pdf
    > >
    > > Ben
    > >
    > > wrote in message
    > > news:BB3F26B8.E3CA%[email protected]...
    > >> Hi All,
    > >>
    > >> Has anyone successfully or unsuccessfully submitted a waiver for a
    > >> fiance/fiancee to a consulate?? We anticipate having to do so for my
    > >> fiancee.
    > >>
    > >> I'd like to know your experiences. We don't think we want to submit it
    > >> ourselves, we just want to be sure we are well versed on the subject.
    > >>
    > >> Again, we are interested in all experiences however, CIMT are of
special
    > >> interest to us.
    > >>
    > >> Thank you,
    > >>
    > >> Toria
    > >>
    > >>
    > >
    > >

Tori

Hi Toria, what a coincidence, my name if Victoria and muy fianc is
Cuban.

We had the interview almost 6 weeks ago, and still no visa... I can
maybe give you some help or information as I know many others going
through this process now.

I have tried to send you an email, but I think the one on the link is
not active... anyway, I hope to hear from you...
--Tori

Folinskyinla

Hi:

This has been a topic of debate on the discussion boards for Immigration ATTORNEYS.

Notionally speaking, an I-601 for a 212(h) waiver can be granted only for an "immigrant visa" and the K-1 is notionally defined as a "non-immigrant" visa even though the intent is to come here to live permanently.

However, there is a separate waiver [with no application "form"] under 212(d)(3) which is a general one for "non-immigrants."

The attorney discussion has been heated. One attorney, Kevin Dixler, has reported that his experience with one consulate [Santo Domingo] was that they would NOT allow the filing of the I-601. [BTW, Mr. Dixler has given me permission to disclose this].

However, another attorney here in So. California reports that many consulate WILL take the I-601. [He is also a Certified Specialist like yours truly].

I personally have not done one of these, but in a related context, I have done I-601's for "following to join" applicants when the family was interviewed although the qualifying relative was the principal alien who had actually yet to immigrate.

So, the I-601 would seem to be a method of administrative efficiency.

However, ALL of us agreed that even if the waiver could be filed, they were often extremely hard to obtain.

doctor scrumpy

I was under the impression from the London embassy that in certain circumstances they have a 90 % success rate. From reading above it appears that I have been advised wrong.

Folinskyinla

Hi:

These cases are quite fact specific. Even if London has 90% approval, that means that 10% get denied.

In a different context, the Supremes has stated that if a persecutor shoots 1 out of every 10 members of the targeted group, the group members have a "well founded fear" of extreme persecution even though they have a 90% chance of being just fine.

doctor scrumpy

Was that when they had Diana as lead singer, or one of the myriad of lead singers who followed Ms Ross ?

Jovially yours