Is there any kind of waiver we could file for so we could apply for a fiance visa? 8 Answers as of October 20, 2011
My boyfriend was recently deported by U.S. Immigration. They said he has to stay out of the country for 10 years. Is there any kind of waiver we could file for so we could apply for a fiance visa?Free Case Evaluation by a Local Lawyer!
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Law Offices of Grinberg and Segal | Alexander Segal
There is no waiver available for fianc visas. However, there is a waiver of the 10 year bar, if you were married. You could marry outside the United States and petition for him to receive an immigrant visa. This will require you to demonstrate extreme hardship if he is not allowed to re-enter the United States prior to the 10 years running. The process takes about 1.5 to 2 years.
Answer Applies to: New York
Replied: 10/20/2011
Reza Athari & Associates, PLLC | Reza Athari
I usually do not recommend fiance visa with a waiver. If you go to his country and marry him, he may qualify for a waiver.
Answer Applies to: Nevada
Replied: 10/20/2011
Joseph Law Firm | Jeff Joseph
You can file a petition for your fiancé, but his prior deportation makes him ineligible to immigrate on the K-1 without a waiver. He can overcome the prior deportation by submitting the waiver on form I-212. Depending on his immigration history, he may also need other waivers. You should definitely consult with an immigration attorney to obtain advice regarding the proper course of action.
Answer Applies to: Colorado
Replied: 10/20/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The waiver will not work for a fianc visa as there is no qualifying relative because the two of you are not married. See an immigration lawyer to see about marrying and consular processing with a waiver.
Answer Applies to: Texas
Replied: 10/20/2011
Law Office of Immigration & International Trade Law | Linda Liang
Theoretically yes. but whether given is at discretion of chief counsel of USCIS. You need an attorney to go through his deportation paper to find out strategy to obtain the waiver.
Answer Applies to: Florida
Replied: 10/19/2011
World Esquire Law Firm | Aime Katambwe
I suppose you could file for an I-601 waiver of condition of inadmissibility but in my experience those work better if you are married and in that way, you will be able to show some extreme hardship on the USC family depending on your circumstances. Remember that a waiver is not a right but a discretionary privilege that USCIS can give an applicant as it sees fit. You will want a stronger relationship than a fianc-fiancee relationship. Good luck!
Answer Applies to: California
Replied: 10/19/2011
Fong & Associates | William D. Fong
Not for the K-1, as that is a nonimmigrant visa and it won't be approved for a section 212(d)(3) waiver for the 10 year bar. If you were to marry and could show an extreme hardship to you, then he would qualify for a waiver of the 10 year bar.
Answer Applies to: Texas
Replied: 10/19/2011
Law Office of Christine Troy | Christine Troy
If you are a USC and are engaged or married, you can file for an extreme hardship waiver.
Answer Applies to: California
Replied: 10/19/2011
