Where do i start?

[reene2g]

Hello,
My fiance was arrested for DUI Oct 2007, currently taking a voluntary departure. he is detained right now. He is from Kenya and I am a US citizen. I cannot be without him. Can I bring him back on a finace visa pettion and 1-601?
Where can I find the 1-601 form?
do i file it here in the US along with the finace petition.
He came to school in 1999, did not complete school due to finacial reasons and had been living in US on a expired student visa since 2004 therefore faces a ten year ban.

What can I do to bring him back and what is the length of time for 1-601 out of East Africa does anyone know?

Thanks for all your help, i miss him terrbly.

[Laura]

Hi Renee -

I don't know if there have been any people who have filed I-601s here from Kenya. If you find a post by member Pinkpig there will be a link in her signature with a spreadsheet that lists everyone who has filed the I-601 at consulates worldwide.

You will want to file the I-129F and wait for the processing. Eventually he will have his fiance visa interview and file the I-601 at the consulate. You can't file the I-601 until he is denied the visa at the interview, so you have to wait. I have no idea how long it will take for it to be decided.

I would suggest you do a consultation with attorney Laurel Scott at visacentral.net to discuss the situation. The recent DUI could make this much more difficult to be approved.

[Adriane]

Laura is right- although the I-129f (Petition for Alien Fiancee) followed by an I-601 (which would have to filed in his home country, FYI) would be the right way to go, getting an I-601 approved this soon after a DUI conviction is probably going to be very difficult. It is generally recommended that an applicant wait at least 3 years after a DUI/ DWI conviction before attempting an I-601 in Cd. Juarez, Mexico which is known as being among the most lenient consulates int he world- I'm not sure how lenient Kenya is for this sort of thing....

You should definitely consult with Laurel Scott at www.visacentral.com. She will probably advise you that you will need to wait at least a few years and that he take alcohol rehab classes to demonstrate "rehabilitation"- yes, I know it sounds extreme, but a lot of things about this process are.

Until he has a valid visa (which at this point will require an I-601 waiver) he can not re-enter the US or even attempt to. But that doesn't mean he must stay in Kenya. If you two want to try and wait together in a neighboring country, Canada or Mexico, or even Kenya, UK, whatever, that is fine. He just can't come back to the US after he leaves.

Good luck and welcome. It's a long process but we'll help you through it.

[Pinkpig]

Member Name Adjudicating USCIS Embassy Status I- 212 Date Filed Date Decided Reason Visa help with letter? Notes

Nas Accra, Ghana Nigeria Approved 5-Sep-03 17-May-04 Over S Own

Lancaster Accra, Ghana Nigeria Approved Y 14-May-04 19-Aug-04 Over S Own I-212 previously approved

Tunde Accra, Ghana Nigeria Pending 21-Mar-05 Over, F/M S I2U

Rushnovski Accra, Ghana Nigeria Approved Y 18-Apr-05 16-Jan-06 Over S Law

TUell Accra, Ghana Nigeria Approved 3-Aug-05 3-Aug-06 Over S

Olami Accra, Ghana Nigeria Approved Y 5-Oct-05 11-Mar-06 F/M S-I I2U

Ijeme Accra, Ghana Nigeria Approved 10-Feb-06 5-May-06 Over S-I I2U

Heofg2006 Accra, Ghana Nigeria Pending 6-Dec-06
loslagos Accra, Ghana Nigeria Pending Y 8-Jul-07 Over S-I assylum denied previously

Jwilson Accra, Ghana Nigeria Pending 1-Oct-07
4nellag Accra, Ghana Nigeria Approved 21-Sep-08 19-Feb-08 S-I Medical based

Dizzy Accra, Ghana Nigeria Y Over S I2U overstayed VD

Wa2me Accra, Ghana Nigeria
Jfat Accra, Ghana Nigeria Denied 1-Jul-07 1-Mar-08 CIMT not resided in US for 7 continuous years

charm Accra, Ghana Nigeria Y Over, F/M S-I

sunnysol Accra, Ghana Nigeria Y S-I Law

UMELO2B Accra, Ghana Nigeria

This is all the information that I have from Africa. Some of them may still be active. I am thinking that WVnurse's husband was from Kenya. But, I don't think they have filed their waiver yet. Good luck!

[reene2g]

Thank you all for the great posts, it's helaping a great deal.

[puissance]

Hello

First of all ,take courage and everything will go fine. One thing i know for sure is that Nairobi is a USCIS sub office .In other words , when your fiancee get ready to apply for his waiver everything will be hande right there in Nairobi , Kenya , which i think is a lot better.
Concerning his DUI and wait for a while , i'll advice you that you seek a lawyer counsel , because Kenya is not safe right now especially for foreigners and that reason will weight a lot in your I 601 waiver .
Please don't loose hope , because you'll make it through .