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Thread: Dilemma (I-601, K1, F2B, ESTA)

  1. #1
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    Dilemma (I-601, K1, F2B, ESTA)

    Here is the situation:

    -Mary has a pending F2B visa sponsored by her parent for 2 years. She has to wait 5 more years. Her parents and siblings are USC and LPR.
    -Mary has visited the US 4 times with the visa waiver program (VWP). She has never overstayed. Her main purpose is to visit the family and then leave.
    -Mary met and fell in love with a USC on her 4th visit. They got engaged in the U.S., but Mary did not want to get marry or to adjust the status while she was in the U.S because it violates the terms of VWP. She left before the expiration date.
    - Mary was arrested for a CIMT a few years ago and is considered inadmissible to the US. She has good reasons to explain why she committed the crime. She was abused emotionally by her ex but it is hard to prove emotional abuse since it was in the past and they divorced already. She never got convicted and did not go to jail. Her past was very sad. She is now happier and is very close to her family in the US and wants to be with them badly. She is babysitting her sister's baby for free out of love while visiting the US. She loves this kid like her own.

    Option 1:
    -Wait 5 years for the F2B visa becomes current=> it will be denied, and then her parent can file for I-601 waiver. Her USC fiance is against this option. He does not want to be engaged for 5 years. He wants to marry her. If he marry her, her F2B petition is voided. Her parent is stressed out if the F2B petition becomes invalid by the marriage.

    Option 2:
    -Do K1 visa, but it will be denied due to her CIMT. She will have to wait a long time for the I601 waiver outcome. Her USC cannot leave his current job. He has too many responsibilities in the US and cannot move oversea with her. Once she got denied for the K1 visa, she is no longer eligible to travel under the VWP. She cannot visit her family every year like she always does.

    Option 3:
    -Wait till her parent becomes USC so her F2B category becomes F1 category. If she got married, it will become F3 category instead of being invalid. It may take a long time too. Again, if she got denied, she cannot visit with the VWP.

    Mary is a good person but she ended up in a bad place and made bad choices. She has regretted it every single day. She loves her USC fiance. She wants to be with him. He only lives 2 hours away from her family, she can visit her family more often too.

    What are her chances with the I601 waiver if she has parents, siblings, and USC fiance wrote hardship letters for her?
    Her mother is depressed with this whole situation. She is scared that Mary would not be able to visit her if USCIS denied her. Her mother is too old to travel oversea to see Mary.
    Her sister went to a funeral of a baby who died from being abused at a daycare so Mary is her trusted person with the kid. If Mary cannot come to the US, the kid will not have the same quality of care that he always has since both mom and dad are working full time.

    Traveling back and forth between 2 countries just to be with your loved ones is not a permanent solution. Which option should Mary consider? Thank you.

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    Based on the summary description above, Mary doesn't appear to have a valid case of hardship, let alone extreme hardship to any of her qualifying relatives.

    And more importantly, she may already have violated the terms of her VWP by traveling to US after being charged with CIMT.

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    She answered all the questions in the ESTA application honestly with the best of her knowledge and got the approval. There are only 8 questions in the ESTA application and none of the question apply to her. Since her intention was to only visit the family within the allowed time frame, she did not violate the terms of VWP.
    I have been thinking about Mary and think her chance is very slim. She should not risk her only chance to visit her family and will just wait. As long as she only wants to visit her parents and never violate any laws or terms of the VWP, she should be OK. This whole situation is very depressing to Mary and her family.

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    Also surprised Mary was to get an approved ESTA with CIMT record.

    You need to talk to Mary more about this.I would suggest she has a consultation with an Immigration Lawyer, there is probably a lot more to her case than you know.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    @conventrated: I looked it up and found an article on USCIS that her crime was not really CIMT so I am very confused, maybe a lawyer can answer the question. Anyway, Mary decided not to do anything and just wait till the F2b. Mary cannot risk apply for K1 or spousal visa and have her denied from coming to the US to visit her old parents. Her fiance said he will wait for her but only time will tell.

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    It is of course Mary's choice but if I were here I would be seeking proper legal advice on her situation.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    @coventrated: Her situation is hopeless. Mary's mother cried with me today. She is very heart broken and depressed. They have come to an agreement to wait for the F2b petition and start saving money for an immigration attorney.

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    If she is inadmissible (and it is not clear if she is or she is not) then she will need a waiver to immigrate, regardless if it is through her mother's petition or her fiancee's (future spouse) petition.

    In general, the sooner she tackles the waiver process, the sooner she will leave all of these troubles behind her. That said, I can see why she would want to put the immigration process on hold during her mother's old age, because - for now - she gets unimpeded entry to the US on ESTA. Perhaps at some point CBP officers will wise up and refuse her entry, maybe not, but I can see why she would rather keep on risking ESTA transit rather than laying all her cards out on the table with an immigrant visa application

    Many people who are eligible for a waiver don't go through with the process because it is overwhelmingly complex and the outcome isn't assured. I can respect her choice if that is the case, even though I imagine I would choose differently if I were in her shoes

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    So my question is: Can you apply for the waiver even before her immigration visa becomes available? I thought you can only apply for the waiver after you are being denied.
    Mary NEVER intended to violate the US immigration law. She cried for hours when I told her what Dude and Concentrated think. She decided she is not going to go back to the US via ESTA from now on so the CBP office wont have to worry. Her family are all legal and only want to go legal route. She left the US already and refused to marry the love of her life. Her love is stressed out because he is afraid she would give up. Mary and her loved ones are depressed .

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    Quote Originally Posted by family741 View Post
    Can you apply for the waiver even before her immigration visa becomes available? I thought you can only apply for the waiver after you are being denied.
    She intends to marry a US citizen, so a fiancee visa would be immediately available to her

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