I-601 for fiance in Philippines

[andrea m.]

Good day.I just consulted an immigration lawyer from a very famous law office here in the Philippines regarding my status but I'm not quite satisfied nor convinced to the advise given to me. My US citizen fiancee will file a fiancee petition (K1) this coming month. The thing is, I overstayed my previous visa and I believed that I triggered the 10 year ban. Can I file for a I601 waiver before he petitions me or he could file the petition and just wait for the US consul in Manila to advise me during an interview to get an I601 waiver. Am I even qulified to apply for a waiver since K1 is a non-immigrant visa ( correct me if I'm wrong, that would be greatly appreciated). The lawyer consulted with told me that K1 is a non-immigrant visa which therefore does not qualify me to file I601. I have been asking around, some says it is immigrant visa and few says its immigrant. Please advise. Thank you and have a great day.

[Laura]

How long was your overstay?

If it was more than 6 months and less than 12 months you will have a 3-year bar and require a waiver (unless 3 years has already passed since you left the U.S.).

If you overstayed more than one year you will have a 10-year bar and require the waiver, as you stated.

Your USC fiance can definitely file the I-601 waiver for you. It is a non-immigrant visa but because it leads to immigrant status it's okay. You know, I don't know the legal reasoning exactly (sorry!) but there are tons of fiances who have filed and been approved for I-601s. It is definitely, definitely possible.

However, Manila is one of the most notorious consulates in the world. The amazing thing is that very recently a member here was approved (gracey). But before that, I don't know that we saw anyone else approved there. And Laurel Scott, one of the attorneys who posts on this site, has stated that she finds it the strictest in the world.

Are there any other issues. Any criminal record or deportation? Does your USC fiance have a lot of hardships to use for the waiver?

[Ana Maria Schwartz]

Good day.I just consulted an immigration lawyer from a very famous law office here in the Philippines regarding my status but I'm not quite satisfied nor convinced to the advise given to me. My US citizen fiancee will file a fiancee petition (K1) this coming month. The thing is, I overstayed my previous visa and I believed that I triggered the 10 year ban. Can I file for a I601 waiver before he petitions me or he could file the petition and just wait for the US consul in Manila to advise me during an interview to get an I601 waiver. Am I even qulified to apply for a waiver since K1 is a non-immigrant visa ( correct me if I'm wrong, that would be greatly appreciated). The lawyer consulted with told me that K1 is a non-immigrant visa which therefore does not qualify me to file I601. I have been asking around, some says it is immigrant visa and few says its immigrant. Please advise. Thank you and have a great day.

Hello AndreaM-

Could you start a new thread with this information?

Annie

[Laura]

I made this a new thread. Should have done that before. :)

[Ana Maria Schwartz]

I made this a new thread. Should have done that before. :)

Cool! Thanks, Laura!

AndreaM-

by how much did you overstay? And how long have you been out of the U.S. now? And if you do an I-601 waiver it will have to be by him and after you are already denied for the fiance visa, you can't do it before the denial.

Annie

[JMRJ]

The lawyer consulted with told me that K1 is a non-immigrant visa which therefore does not qualify me to file I601.


Run away fast from that lawyer. If (s)he is saying that, his/her expertise in preparing I-601 is questionable. Red flag indicator.

[gracey025]

Hi andrea m. I'm from the Philippines and recently had an I-601 approval. Yes, you are qualified for filing a waiver even if you're going through K-1 petition. But the thing is, as they say, the Manila consulate is the most notorious and the strictest consulate in the world and they only approve about 10% of the waivers filed here. I know you know how they treat visa applicants here. I have had consulatation with the most popular lawyers here (the ones you see on TV and their competitors) and they all advised the same thing to me that I get married with my boyfriend then (hubbie now) to make the case stronger because we are legally bound to each other. I guess the Manila consulate doesn't consider hardships of a fiance well compared to that of a spouse. In my case, my husband flew here for us to get married then he filed for K-3. Filed the waiver after my interview with the help of a lawyer. It's been almost 2 years of agony. It's hard, almost impossible but it can be done. God bless you.

[gracey025]

I have been asking around, some says it is immigrant visa and few says its immigrant. Please advise. Thank you and have a great day.

K-1 is non-immigrant per se but it is handled as immigrant visa because when you and your fiance gets married, you will have to file for I-130 too.

[andrea m.]

How long was your overstay?

If it was more than 6 months and less than 12 months you will have a 3-year bar and require a waiver (unless 3 years has already passed since you left the U.S.).

If you overstayed more than one year you will have a 10-year bar and require the waiver, as you stated.

Your USC fiance can definitely file the I-601 waiver for you. It is a non-immigrant visa but because it leads to immigrant status it's okay. You know, I don't know the legal reasoning exactly (sorry!) but there are tons of fiances who have filed and been approved for I-601s. It is definitely, definitely possible.

However, Manila is one of the most notorious consulates in the world. The amazing thing is that very recently a member here was approved (gracey). But before that, I don't know that we saw anyone else approved there. And Laurel Scott, one of the attorneys who posts on this site, has stated that she finds it the strictest in the world.

Are there any other issues. Any criminal record or deportation? Does your USC fiance have a lot of hardships to use for the waiver?

Thank you so much.
I stayed there for 15 years...no criminal record nor deportation process, not even any moving violation and religiously paid my yearly tax. I left USA in 2006 and went back to the Philippines because my mother suddenly passed away while having a vacation.
I've known my fiancee for 13 years now. The hardships that I could think of that will befall on him would be that of the following:
1. His family is closely knit , they all migrated in the US.
2. He has no children and we're in our 40's and would like to have a child or 2 before we turn 50's.He definitely would like to raise a family likein the US.
3. Philippines is not an option for him because of it economy right now. Plus, here in the Philippines, there's an age discrimination in the workforce. 40 plus is not a good age to start a career for him...he's a lab tech and plans on pursuing Nursing Degree under a program. If he moves back in the Philippines for me, there will be no job for him and he will be deprived of career/education advancement.

Thank you for taking time to read this.

[andrea m.]

Hi andrea m. I'm from the Philippines and recently had an I-601 approval. Yes, you are qualified for filing a waiver even if you're going through K-1 petition. But the thing is, as they say, the Manila consulate is the most notorious and the strictest consulate in the world and they only approve about 10% of the waivers filed here. I know you know how they treat visa applicants here. I have had consulatation with the most popular lawyers here (the ones you see on TV and their competitors) and they all advised the same thing to me that I get married with my boyfriend then (hubbie now) to make the case stronger because we are legally bound to each other. I guess the Manila consulate doesn't consider hardships of a fiance well compared to that of a spouse. In my case, my husband flew here for us to get married then he filed for K-3. Filed the waiver after my interview with the help of a lawyer. It's been almost 2 years of agony. It's hard, almost impossible but it can be done. God bless you.

Thank you for taking time to reply. I appreciate your feed back.

[easterlilly]

Hello Andrea,
It sounds like we are in the same situation. I stayed in America for 14 years, and I had no criminal records, religiously paying my taxes. I left US as voluntary departure. I just submitted my DS230 to my lawyer 3 weeks ago. I have not recieve yet. You are right about the option of moving to the Philippines. My husband wrote a letter to support our waiver, and he stated that moving in the Philppines is not an option, first he does not speak the language, he have a close family ties in the US, have 18 years old son would be left behind if my husband move to the Philippines, age descrimination here in the philippines, economy is bad. I am not sure if this is enough to get approved, I am not sure if they consider this since Manila (as they say) is the most notorious and strictest consulate. But I trust in God, there is no impossible for him. Good luck

[easterlilly]

Gracey,
did you include a letter of apology in your waiver?

[andrea m.]

Hello
I have not started on anything yet. The thing is, I had a civil marriage here back in 91 but got divorced in California in '96. I'm not sure if I need to file an annulment or an authenticated divorce decree should be enough for me qualify on a K1 or K3 visa. I consulted the office of a famous immigration lawyer here but I'm not satisfied with its associate's advise. I'm just hoping that I wouldn't need annulment anymore cuz it costs too much plus it takes too long. Anyways, thank you so much for taking the time to write back. Good luck and God bless>

[easterlilly]

I was married to Filipino for 10 years , got my divorce in Guam, got married in US to american national. I still use my first married name in my passport cuz before they cannot ammend my passport. I want to change my name now to my new married name. They told me to go NSO and get authenticated marriage license from my ex husband, take it to DFA along with your original divorce decree 9 ( i forgot the term for it, but they put red ribbon into your divorce decree or marriage license) then take it city hall in manila to report that your marriage is terminate. One lady at the city hall even told me to go to US embassy for authentication. the hardest part for me, is getting my original divorce paper. if you go to philippine consulate website, and look for change of passport, you will find what you need. hope this help.

[easterlilly]

Oh i forgot to mention why i said all this, they said that they although we do not have divorce here in the philippines, but they will achnowldege the divorce from another country. check our family law online. my ex husband is now married here in the philippines, because our marriage is reported in the philippine consulate they let him get merried, and i am also free from any trouble he may cause me in case.

[andrea m.]

You dont know how grateful I am to you in giving me these pertinent informations. Thank you so very much. So what you are saying is, get an original copy of the divorce decree in California and have it authenticated there then request a copy of my marriage license here and submit both to DFA then to the city hall where we got married? Any more information would be greatly appreciated. God Bless

[easterlilly]

yes... then thats the only time your previous marriage will be officially terminated in the philippines, you can also change your passport but I am not sure if after previous marriage is officially terminated, what would be your status or if you will be able to get married, ask a reputable lawyer, or do some research about our philippine law, or go to Manila consulate website. But i am not sure if this will help your k-1 visa. good luck.

[JMRJ]

I'm not sure if I need to file an annulment or an authenticated divorce decree should be enough for me qualify on a K1 or K3 visa.

andrea m - your divorce decree is a sufficient document to be submitted along with your immigration paperwork evidencing termination of your prior marriage.

If you plan to marry in the Philippines, the City Hall might advise you on obtaining some authentication from the appropriate authority first.

K1 visa is technically a non-immigrant visa but it is considered a hybrid visa because it permits entry into the U.S. for the specific purpose of marrying the fiance within 90 days of arrival into the U.S. and to further pursue permanent residency. Significant advantage is - it is a much faster route to your green card.

Your U.S. citizen fiance is a qualifying relative for the I-601 waiver. Being a fiance in and itself is not a reason for having a weaker hardship packet (I don't think so, at least.) The granting of I-601 waiver is discretionary and subject to specific, limited criteria. A great deal of endeavour should be made to put forth the strongest and the most convincing arguments in favor of granting a waiver, fully submitted with credible documentation.


Your situation shines compared to other K1 filers in the Philippines. You've met your fiance for 13 years. Your fiance should be able to establish some legitimate extreme hardships should you not be allowed to enter back to the U.S.

Some favorable factors you may have:
Unlawful presence is your only inadmissibility, no deportation, lengthy relationship with your fiance, you promptly paid your taxes, no criminal records.

Though the approval of the waiver is in the hands of the adjudicator, even the strictest adjudicator in the world should be able to see that you've got some significant mitigating factors. You have a chance to prepare a good case provided you hire a competent attorney like Laurel Scott. She will help you construct some substantial hardship claims.

Why don't you arrange a consultation with her. She is worth in gold.

[gracey025]

Gracey,
did you include a letter of apology in your waiver?

I can't say that it's an apology letter, but it's like an affidavit stating my case. I explained that I was a victim of an employment agency and didn't mean to cause the misrep. I stated the hardships my husband is facing without me being there and hardships he will experience if he moves here in the Philippines.

[easterlilly]

thanks. how did you organize your waiver? how did you title your letter explaining that you were a victim. I am a victim of my ex husband revengeful act, and I want to explain why I stayed too long in the US, because I did not want to leave my small children behind ( this was long time ago). But according to Ms. Laura Scott, if I explain it, it means I am admitting my offense. Did the consulate actually asked for this letter, thank you for your response, I really appeciate your help telling me all this.

[gracey025]

thanks. how did you organize your waiver? how did you title your letter explaining that you were a victim. I am a victim of my ex husband revengeful act, and I want to explain why I stayed too long in the US, because I did not want to leave my small children behind ( this was long time ago). But according to Ms. Laura Scott, if I explain it, it means I am admitting my offense. Did the consulate actually asked for this letter, thank you for your response, I really appeciate your help telling me all this.

I hired a lawyer. It was an affidavit. Affidavits from me, my husband, his friends, family and co-workers. I guess it was like admitting my offense but it worked. I am not a lwayer so I can't tell for sure what's best to do. Are you planning on doing the waiver on your own?

[douginguam]

Explaining why you overstayed is probably a waste of time anyway - whether it is an admission or not.
The waiver process is about your USC spouse proving they will suffer extreme hardship unless the waiver is granted. Explaining why the overstay occured and why the inadmissability exists does not support the USC's hardships. It seems to me that the worse the overstay (longer) the stronger the USC's hardships are likely to be (children, family ties etc).
Anyway, when we get our waivers approved we expect to do the same thing again - overstay - only this time legally:cool:.

[gracey025]

Explaining why you overstayed is probably a waste of time anyway - whether it is an admission or not.
The waiver process is about your USC spouse proving they will suffer extreme hardship unless the waiver is granted. Explaining why the overstay occured and why the inadmissability exists does not support the USC's hardships. It seems to me that the worse the overstay (longer) the stronger the USC's hardships are likely to be (children, family ties etc).
Anyway, when we get our waivers approved we expect to do the same thing again - overstay - only this time legally:cool:.

Agree - the waiver is about the extreme hardships of your USC spouse. They don't care about you but the USC. Harsh but true.

[andrea m.]

I am currently thinking of the best way to go about in going back in the US the effective and well..maybe faster way. (I601 waiver needed for overstaying o..15 years ) My fiancee will file a petition for me to get a K1 visa. I am quite aware that K1 visa is the faster route in getting back to US. I love my fiancee and have planned on getting married 2 years ago but unfortunately, I had to come back in the Philippoines because my mom passed away. I left US voluntarily...no deportation proceedings or whatsoever. I could try and get a K1 visa, waiver needed ofcourse and my fiancee as the qualifying USC to suffer extreme hardships. The thing is, from the bottom of my heart, I know that my Dad is the one who has been suffering since I left US. He petitioned me under I130 ( unmarried children over 21) in 2001 and petition approved in 2005..never heard from NVC since the appproval. Anyways, my dad is an USC, 73 years old, diabetic, he limps and he alone cares for my 89 yr old grandmother who has been in and out of the hospital and was diagnosed with a breast cancer. My grandmother is in the nursing home right now and scheduled for another operation, cancer related too.It breaks my Dad's heart to see my grandmother has to go through. He wants to take her home so bad but he can't just care for her by himself on her failing condition. I'm not sure if this would be relevant to my case. I would really appreciate any advise to be given. Thank you all.

[Laura]

Your father's hardships can be a part of your waiver. If you have a USC fiance and a USC father, that's great. Both are qualifying relatives. He can write a separate hardship letter, even if you do the K-1 through your fiance.

[andrea m.]

Laurafern,
Thank you. I appreciate the information.

[easterlilly]

I have a lawyer, and she is the one who is preparing for my waiver. I am making a folder once a get those waiver ( its still in process). But I am including some information like photos of me and my husband and children who were all US citizen. Also I am including, my husband's email, like complaining about our finances since he is the sole breadwinner now.I am including in my folder his equity loan, property tax payment, our bills. my mother's medical record. and all letters from my US citizen friends, and families. But I am thinking to make an apology letter, but I am hesistant about it since I heard so many negative reactions about it. Could you tell me, what question they asked in your interview? I am so nervous about it. your letter of apology, did you title them as APOLOGY? or just an affidavit. Are they mean to you? did they asked for your waiver right away? sorry for all this question but I appreciate every help you can share. thanks.

[andrea m.]

yes... then thats the only time your previous marriage will be officially terminated in the philippines, you can also change your passport but I am not sure if after previous marriage is officially terminated.

Hi Easterlilly,
I lost my passport ( with my former married name) in Ca so when I came back in the Philippines, it was through travel documents. 2 months after I arrived here, I went to DFA and applied for passport renewal. I applied as single and received my passport 2 weeks later with my maiden name in it. The DFA never asked a divorce decree, annulment or whatsoever.

[easterlilly]

in my case, I told the passoport agency that I am changing my name in the passport because of my divorce, so I think this is the reason why they asked me all this documents. I could probably apply for another one and never mentioned about my divorce. thank you, I think I will do that.

[andrea m.]

Hi. How do I create a new thread? It's about my son who currently resides now in US. He's been there since he was 1 yr. old. He will be 18 next year and I need to know how he can legalize his stay there? He's dad, whom I have been divorced to since '96 married a US citizen. He said he already filed a petition for his son last month. Would the petition protect my son from these "ICE" people? And I doubt that his dad filed the petition cuz each time I call to ask him details about it, his response are kinda shady. Besides his " doubtful claimed petition over him", is there any other way that could protect my son from being deported? thank you

[andrea m.]

someone please give advice...thank you

[andrea m.]

hi...anyone knows where to get an original copy of divorce decree? I got a copy before in the Office of Records in downtown LA, is that the only place I could get a copy of? Do you think it mght be available too to at the Riverside Country office of records ( divorce was finalized in Torrance, California ) I might need one to be authenticated at the Philippine consul in the US for US Consul in the P.I. to show that I am free to marry. Thank you

[andrea m.]

It's about my son who currently resides now in US. He's been there since he was 1 yr. old. He will be 18 next year and I need to know how he can legalize his stay there? He's dad, whom I have been divorced to since '96 married a US citizen. He said he already filed a petition for his son last month. Would the petition protect my son from these "ICE" people? And I doubt that his dad filed the petition cuz each time I call to ask him details about it, his response are kinda iffy. Besides his " doubtful claimed petition over him", is there any other way that my son can be protected from being deported? thank you

[fren]

I made this a new thread. Should have done that before. :)

MY NAME IS MICHELLE, AND I LIVE IN CROATIA WITH MY FIANCEE DRAZEN AND WE HAVE A SON THAT IS TWO YEARS OLD. I MUST GO BACK TO THE US. I HAVE TWO OTHER SONS IN THE US THAT ARE 10 AND 11 THAT MISS ME SO MUCH. I DONT WANT TO GET MARRIED HERE IN CROATIA, BECAUSE OF SOME BUSINESS BACK IN THE US THAT CANNOT WAIT. I MET DRAZEN IN THE US AND HE OVERSTAYED 3 YEARS, WHICH PUTS A 10 YEAR BAN. I WILL FILE THE I129 FORM IN THE US, BUT WILL NEED TO GO THROUGH THE WHOLE 1601 WAIVER FORM. DO WE HAVE A CHANCE. I CANT LIVE IN HIS COUNTRY ANYMORE IT IS WAY TO HARD WITH ME HAVING MY OTHER SONS IN THE US. IM HAPPY THAT YOUR DREAMS HAVE COME TRUE