Help! K1 Visa was denied in Manila embassy

[superpink]

My fiance was denied k1 visa. because he had overstayed here in the US for about 1 1/2 yr. However, they had filed for an extension before his visa was expired. He had abandoned the extension and left U.S. before 180 days. The consulate said if it was less than 180 days then there is a chance that we might get our visa. We were placed on Application Review for 2 months. During those two months they sent us letters for more request. Then after that they said that we are denied because of overstaying. But our lawyer had counted the dates from when he filed and when the last letter of abondanment from the USCIS. Can we appeal this? If this appeal doesn't go through then I will have to file for a waiver. Per the consulate he said I can only file for a waiver after we get married. Do I have to start all over again to petition him? File for the I130 then go through the interview again. Then we will get denied. Then start the waiver?

Please help... What's the fastest and easier way to do this..

[superpink]

I saw this on Laurel Scott webiste. "The waiver is available for the fiance(e) of a citizen, the spouse of a citizen or permanent resident, and for the child of a citizen or permanent resident." Is this true? or is it based on the country?

[douginguam]

I saw this on Laurel Scott webiste. "The waiver is available for the fiance(e) of a citizen, the spouse of a citizen or permanent resident, and for the child of a citizen or permanent resident." Is this true? or is it based on the country?
Superpink,
What Laurel said was true (Shannon is processing a fiance waiver through Bangkok at the moment and there are a number of successes through CDJ), but potentially what you suggest is also true too - especially for Manila.
The consulate officer has a huge amount of power in determining whether a waiver is granted, therefore if they say "don't try" it may well indicate the bar is going to be set very high. CO's work under very few rules with respect to waivers meaning a lot of variations fron different embassies. Laurel has a number of documents covering various aspects associated with waiver success - including the nature of hardship, the embassy (country) and general characteristics.
It has been said that to get a waiver in Manila requires hardships well beyond those normally passing for extreme elsewhere. But, on the plus side there have been successes out of Manila recently - gracey025 was one.
Also maltizoj has filed for spouse and andrea m. is looking at fiance like you - perhaps you can find some help in thier posts.

:go: Good luck :go:

[Zia80]

Superpink,
I am sorry for your situation, but more so I am scared because your post suggests that the Consulate were not clear on the dates ... I thought the U-visit system keeps track of overstays....
wow, I am confused, very confused.

[superpink]

Per our lawyer he said he did not go over the 180days. The lawyer said we start counting from the day the denial of the extension letter was sent to us.If this is true then it is less than 180days. Anyone have any knowledge of this. We want to appeal the denial. Please let me know. Thank you