I-601 or a I-212???

[leahfwindsor]

A few weeks ago my application was "withdrawn" to re-enter the states. I am a canadian citizen so a visa to enter was not necessary. I was given a 212(a)(6)(c)(i) for misrepresentation. My Fiance who is a american citizen and I plan on doing a k-1 visa. Does anyone know how I do this? Do I apply for a I-601 or a I-212? And do I apply for these after I apply for a k-1 or before?

[jolantarenee]

Fot misrepresentation you will need a waiver I-601. You will be denied K1 but will be eligible to file a waiver I-601. Can you tell the whole story what happened? I am Canadian, tried to obtain TN visa, they denied, allowed me to "withdraw" my application as well, I also have misrep on my record.I got married in Canada rather than going K1 route, I wonder if that's the right thing I did.

[leahfwindsor]

I was traveling back and forth from the united states for about a year and working babysitting jobs to make some money. I then flew back to canada to see family and I went to fly back into the states and I had lied about where I worked. They then allowed me to withdraw my application and was sent home for misrepresention. Thats basically what happened....
So we have to file for a k-1 knowing that it will be denied and then have to do a I-301? You cant file a I-301 then a k-1?

[kenaly]

The I-601 will be filed at the time of the visa interview. You must wait until the interview to do the I-601. Processing time for the I-601 waiver from Canada (it will be sent to Vermont for adjucating) is taking close to one year.

[leahfwindsor]

So I would file for a K-1 Visa, then once I go for the visa interview I will have to apply for a I-601? Is it easier to go though a K-1 or a K-3?

[kenaly]

A spousal visa is always a better option IMO, but the K1 has gotten waiver approvals through Montreal pretty equally with spousal visas. The thing with Montreal is that they can be hard to deal with, and it will be crucial that you take a proactive stance with your case and become familiar with the laws. If possible, it can be beneficial to have the USC get their senator aware of the case. My senator was onboard with us from day 1, and it made a tremendous difference to our case.

[leahfwindsor]

Is montreal our only option? I'm located in BC?

[jolantarenee]

I know that Montreal is the consulate that process Immigrant visas, K1 is non immigrant so I am not sure about BC. Hope someone will have an answer. If you go down on K1 you will have to get married within 90 days in US. So, either you do K1, which is faster than K3.So, yes you apply for K1 fiiling out
I-129F
http://www.uscis.gov click on Immigration Forms and find I-129F.

If you get married in Canada, then you would go K3 (spouse visa), which allows you to go to US to join your spouse and you adjust your status there, or
IV (immigrant visa), takes the longest time.

Once you apply for K1, you will be denied due to misrepresentation charges, and that's when you file waiver I-601. You first must get denied for K1.

[leahfwindsor]

Thanks, that advise helped me understand this process allot better.

[emt103c]

If you do the fiance route you don't have to go through only Montreal. The other consulates can process a K-1 and the consular part is a lot faster because of it. The 130 and 129 F process at about the same speed, but a 130 spends around 2 months at NVC and then around 4 months waiting for an interview at Montreal, because they are so packed being the only consulate handling immigrant visa petitions. The 129F is much faster in this respect.

The 601 can be submitted for either application through the consulate. What they did sounds like an expedited removal though too, because of the Misrep charge. I wouldn't be surprised if you also have to file a 212.

[leahfwindsor]

When the men at immigration were telling me that they were sending me back to canada, they didnt even tell me that they had given me any kind of bar. They just told me that I should probably apply for a k-1 now and sent me off. They said I got off easy and that I was lucky I didnt get bared!!! I'm really confused about this whole situation and I have no clue about any of this stuff.