When a waiver is needed? 6 Answers as of June 06, 2013

My husband is in Mexico and we are currently pursuing a K-3 visa for him to come home. I have just filed the I-130 and awaiting the verification that it has been received so that I can file the I-129f. I have studied the information on the website backwards and forwards trying to make sure that I get everything correct. Last year my husband applied for a tourist visa and was denied because he had been in the U.S. previously without a visa for over a year. When I apply for his I-129f, will I have to fill out a request for waiver of ineligibility based on this denial? Some have told me that the denial for 10 years was only for a tourist visa. After reading all of the instructions, I'm not so sure that it doesn't apply to ALL visas. Should I go ahead and fill out a waiver request or wait until they deny the I-129f. I really don't have the money to spend on this unless I absolutely have to. Please help me. I appreciate your advice.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
The bar to reentry applies to all visas and he is barred for 10 years unless he can prove extreme hardship to a US citizen spouse. I would suggest that you not file the I-129f if you already have the I-130 pending since the processing times for that is the same as the I-130 and if you already know he will need a waiver, he will not get the visa any sooner if you have an approved I-129f; it will only be a waste of a petition and filing fees. I'd strongly suggest that you consult with an immigration attorney who handles waivers to see what your husband's chances are and what documentation to present. It is not something you should tackle on your own if you want any chance of success.
Answer Applies to: California
Replied: 6/6/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your husband needs a I-601 waiver if he was previously unlawfully present in the US for more than 180 days. You should file the waiver already at this point. You can still file for a K visa by submitting I-129F but chances are that the I-130 will be approved by the time he is granted the waiver so that he can apply for an immigrant visa. If the I-130 is not approved at the time the waiver is granted, he can apply for K.
Answer Applies to: California
Replied: 5/30/2013
Hakim, Daman & Toma, P.C. | Eman H. Jajonie-Daman
Any one who overstays in US over 1 year without status incurs a 10 year bar after deportation. You fike the waiver after the denial & you have 30 days to do it.
Answer Applies to: Michigan
Replied: 5/31/2013
Law Office of Bill Travis Klein
Law Office of Bill Travis Klein | Bill T. Klein
If you are married, it sounds like you may be talking about the wrong form (I-129F). You really need to see an Immigration Attorney. If he overstayed it will be difficult to bring him here depending on the details of the situation. A waiver (if that is what you need) involves a fee and it is probably better to make sure that is what you need before you spend any more money submitting immigration forms.
Answer Applies to: California
Replied: 5/31/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The K-3 is usually a waste of time. If you are married just request the immigrant visa. If he was in the U.S. and overstayed for 180 days or more he will need an I-601 showing extreme hardship to you. I would suggest you work with a qualified immigration attorney on this as these are complex cases.
Answer Applies to: California
Replied: 5/31/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You would need to file a non-immigrant waiver of inadmissibility. This is typically filed at the U.S. Embassy/Consulate after he has been interviewed. These waivers are not the easiest to secure and you may end up paying for a waiver that is never adjudicated given the speed at which the immigrant visa petitions are decided. Another issue is that he would still later need an immigrant waiver for unlawful presence. The non-immigrant waiver will not result in a waiver for purposes of his green card. There are two distinct waivers with completely different standards. You should strongly consider retaining an experienced immigration attorney to assist you with this matter.
    Answer Applies to: New York
    Replied: 5/31/2013
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