waiver I-601

[paul]

Welcome everybody! I need you help and advise! I filled I-129F on behalf of my fiancee! She got denied in U.S. Embassy in Warsaw based on a criminal ground, 212(a)(2)(A)(I). 4 years ago she was unjustly convicted and she had to pay a penalty in cash. U.S. Embassy defined the charge as a fraud. Unfortunately the charge was posted on criminal record which she provided in Embassy. Afterwards we started looking for help and prove that she is innocent. We appealed and succededed. She has been granted a presidential pardon in Poland. She went back to the Embassy and she is still denied. They say to file waiver I-601. Did anybody of you have similar case? What would you recommend? Do we have any chances to waive it when we'are engaged?
We're going to get married. Wouldn't be better to file I-130 and then waiver when we're already married? What chances do we have? Please help!!!! Thank you in advance!!!

[SES]

Fraud is not easy to overcome but you have a good chances to have your girlfriend back. My only recommendation is to consult a good lawyer. The good one is Laurel Scoot. I really have no idea if will be batter to go married but Laurel can advice you about the best steps. Our waiver was going through Warsaw too but it was different matter. I really think you need to hire a lawyer and Laurel is the good one. Your waiver is going to Vienna or Frankfurt. Frankfurt is very fast and it's taking only few weeks, Vienna is taking 6-8 months.
You will need very strong Hardship latter and you can start reading the HSL posted here on this wonderful and helpful forum.

[paul]

I appreciate your help. Is it up to me where the waiver will go? I heard that Frankfurt is better choice than Vienna. Frankfurt is easier to get approval?

[SES]

No, it's not your choice where your waiver will go. It's to up to consulate in Warsaw where they will send your waiver.

[paul]

Thank you very much!!!!!

[shannon]

Hi Paul, good luck to you. My fiance has a similar conviction, we're waiting for the result of the waiver. Fiances are given the same consideration as spouses for a waiver.

[paul]

Thanks Shannon for your message. Let me know what's gonna happen with your waiver. Maybe you would be able to provide me with good tips about a waiver in the future?