I601 waiver

Old Nov 17th 2001, 1:28 am
  #1  
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Our interview for a fiance visa was in Montreal on Nov 9. We were denied because of a criminal history. We have filed the waiver to try and prove extreme hardship - since it's only been 5 years since the convicitons. We were advised it would take between 6 weeks and 6 months to get a decision. We're looking for anyone with experience with this type of waiver. I know that each one is case specific - but just knowing SOMEONE out there has gotten one of these waivers would help lift our morale. My fiance is from Canada. With their socialized health care system there is a possability that I could be denied permenent residency because of my medical history (cancer/diabetes) possibly costing too much in the future. We are hoping that even the possability of my being denied residency would prove extreme hardship. We have to live somewhere. At this point we're tring to keep our hopes alive. Thanks for any information.
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Old Nov 17th 2001, 3:31 pm
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Hi there. I don't have any advice or input but wanted to say that I understand. We're
applying for the K3 visa in the new year and there is a conviction we're going to
have to deal with. We'll also be going through MOntreal. Would it be possible to keep
us posted on how long it does indeed

take for the decision regarding the waiver? It's been over 10 years since the
conviction for us but I don't think that will even matter. They just see the
conviction and that's it. Can you explain what you mean when you said you had to
prove extreme hardship? I'm unsure what that is all about. Also, how much did it cost
for the waiver application? Sorry to ask so many

questions but nobody else has posted about applying for the waiver in Montreal so I'm
very interested in how it all works. One more thing...can you tell me how long it
took from the beginning application for the fiance visa until you got your interview
in Montreal? thanks so much and lots of luck to you!

Melinda

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Old Nov 17th 2001, 10:30 pm
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The way I understand it - if you have a criminal history involving moral turpitude then you're inadmissible to the US. Depending on what the crime is - there's a waiver available. If the crime happened more than 15 yrs ago the waiver should be approved based on that. If it hasn't been 15 years then you have to prove that it would be an extreme hardship for the US citizen to move/live in the foreign country. We sent in our K1 on May 31 to the Nebraska service center. We got our approval on August 9 but had to wait for the criminal history check to get back from Ottawa to set up our interview date. Our interview was November 9th. If you are denied the waiver you can ask for the case to be reopened or file for an appeal - but they can make you show you have "new" evidence since the waiver was filed to do this. The waiver fee is $170 US. As far as proving extremem hardship....it appears that this is discretionary on the part of the INS officer making the decision on the waiver. Of course there are several judgements that have set the standard. Financial strain doesn't seem to carry very much weight. If you're familiar with Doc Steen's site there are links there that give you an idea of what to say. The US citizen has to write a letter and attatch it to the waiver - this is where they would prove the extreme hardship. I hope this makes sense and I'm not going in a circle. Let me know if there is anything else that I can advise you. Thanks for your response - so far you're the only one to even do that.
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Old Nov 17th 2001, 11:51 pm
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Thanks for the information. It seems that we won't get the waiver based on how long
ago the crime was...it'll only have been 11 years. I don't know how to prove
hardship. My husband is moving back to the US and wants his family there (he's the US
citizen) with him. He's moving because his father is dying and he wants to be able to
help with his care and to be with him. Would medical documents showing his condition
perhaps help the waiver along? The criminal charge was possession of stolen
merchandise over $1000 (don't ask....I was set up by a friend who asked me to hold
onto something then got dinged even though I didn't know it was stolen) and there was
no jail time, just a one year suspended sentence. Will they let me in after being
charged with such a crime? Can you tell me what you had to do to get the criminal
history that you had to show and how long it took? I had just assumed I'd go to the
police station but it sounds like it was a bigger deal than that. We are filing for
the K3 in the next month or so but don't want our interview before June or July so
should I be getting the criminal history now or closer to the time? Sorry to ask so
many questions!!!LOL Thanks for all you're helping us with.

Melinda

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Old Nov 18th 2001, 12:32 am
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You'll be required to get fingerprints taken and have them sent to Ottawa for your police certificate. If you contact your local police department they should be able to set up an appt for you to go in and do that. There is a wait of about 10 weeks to get that back. Back to the extreme hardship - ANYTHING you can use to try and prove this should be used. You are advised to use an attorney as this may assist you in getting an approval. We consulted an attorney before we did the K1 petition - but we did the waiver/letter on our own. (We're hoping this wasn't a mistake now.) Good luck - we'll keep you posted on our case. Thanks again for your reply.
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Old Nov 18th 2001, 1:16 am
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Melinda

Do a google search for Distressed Canadian. He had the very same problem. Possession of stolen goods (give to him to hold by a friend). He needed a waiver when his I-130 was denied by Montreal. It was about 18 months

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Old Nov 18th 2001, 1:31 am
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Was his outcome favorable? Trying to find anyone who's even applied for a waiver is frustrating.

Thanks
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Old Nov 18th 2001, 2:18 am
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Yes his quest was successful. Once he received the waiver approval he moved to MI and stopped participating in the NG though.

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Old Nov 18th 2001, 2:19 am
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There have been many people on the NG who have had to apply for the I-601 and have been successful. Just search google for waivers and/or I-601. Robyn <?> did so just this year from UK and is now here in the US.


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Old Nov 18th 2001, 3:42 am
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Thanks for the information. What is a google search? *feeling stupid* Did it take him
18 months for the whole process or just the waiver? Thanks again.

Melinda

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Old Nov 18th 2001, 10:17 am
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A site that spells out the waiver in plain english(almost) is;
http://www.visalaw.com/01aug4/12aug401.html
http://www.visalaw.com/01sep2/12sep201.html

we are in the same boat, just waiting for the 1st noa from TSC. I am about to see a
lawyer here in london as I have 11 convictions, yes
11.........sigh, dating from 7-10 years ago and am starting to get despondant about
my chances> I know there is a waiver available for multiple convictions if they
dont involve more than 1 years imprisonment, which none of mine do thankfully.
Also on the INS website here
http://www.ins.usdoj.gov/graphics/la...ndec/index.htm you will find
decisions made last year including waivers........
http://www.criminalandimmigrationlaw.com/cmt/cmt.html this site is useful for
finding your crime and seeing whether it falls under the somewhat vague guidelines
of moral turpitude. It really looks like it is down to the case officer at the
embassy which really sucks, but there you go.......hope this helps. Andy (who is
thinking he's going to be in london longer than he wanted)
 
Old Nov 18th 2001, 12:34 pm
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Go to:

http://groups.google.com/advanced_group_search

Search for 601 or waiver

Author: distressedcanadian

Group: alt.visa.us.marriage-based

Dates: Jan 01, 00 to present

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Old Nov 18th 2001, 9:18 pm
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Again I want to thank everyone for their responses. Thanks Rete for the info on DistressedCanadian. I'm exchanging emails with him now.
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