I-601 Waivers: Where to File for K-1 and K-3 Visa Denials

An applicant for an immigrant visa or K-1 or K-3 nonimmigrant visa who is inadmissible should file an application for a waiver. The waiver application is filed  with the U.S. Consulate’s Immigrant Visa Section (IV) that is considering the visa application.

When a consular officer determines that the alien is admissible except for the grounds for which a waiver may be sought, the consular officer informs the applicant of the requirement to file a Form I-601. The alien must file the application at the consular post, which receipts the fee and then forwards the  application to USCIS for a decision. Consular posts should send to overseas USCIS offices only those waiver applications where there are no other grounds of inadmissibility that cannot be overcome. The FAM makes clear that the determination of whether or not to grant a request for an immigrant waiver lies solely within the jurisdiction of DHS. Even if the consular officer does not believe an applicant is eligible for a waiver, DOS must submit the waiver request to the DHS at the applicant’s insistence to allow DHS to determine waiver eligibility.

If you’ve applied for a K-1 fiancee visa or K-3 spousal visa and have been denied, contact an attorney at www.myfianceevisa.com or 626-771-1078 for assistance.