ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

I already answered that question on another board a day or two ago.

If the mother's CR- is denied based on the bar she triggered for unlawful presence, then the daughter, who would ride piggyback on her mother's petition, would not be able to come on her own as the CR-2 is hinged on the CR-1.


Then it is good that the question got asked again, as there is NO piggyback here... each has to have there own I-130

Edited by payxibka, 11 September 2011 - 01:16 PM.

payxibkaMaleUkraine2011-09-11 12:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

How likely, payxibka, do you think the daughter will be accepted? The daughter has not been in the country since she was 8 or 9. She has no real support in Mexico. She has several family members here in the U.S. as well as ways to help get her on her feet if she left her mother in Mexico. She graduated from high school here and speaks better English than Spanish. I think it would be extremely hard for her to adapt back to Mexican life. The reason I am worried she will be rejected is because even though her mother and her have filed seperate I-130's, if her mom gets rejected wouldn't NVC think hey now you have someone to help support you in Mexico or reject her maybe because she is still young and is dependent of her mother even though she is now an adult. Would any of that come into play?


she is either eligible for the visa or not.. it won't be decided one way or another based on whether she has a support system in Mexico or not. Her case will be decided independently based on her own eligibilities not based on her mother's or where her mother resides.

Edited by payxibka, 11 September 2011 - 02:56 PM.

payxibkaMaleUkraine2011-09-11 14:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

Sorry for to many questions. But what do you consider as eligible?


I don't have the case file in front of me so I cannot review it for eligibilities... and since I am not a trained decision maker on the case it would not much matter if I did or not.

Bottom line, she must be an immediate relative of a USC with an approved petition and does not have any type of "ban" attached to her would be first and foremost. Other than that the CO will review the case and look at the information provided and make a decision based on the training they have received.
payxibkaMaleUkraine2011-09-11 17:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

Maybe I am missing something, but where did any of you conclude that the daughter is an immediate relative of the USC? The OP does state that the USC married an illegal immigrant and the illegal immigrant has a now 18-18.5 year old daughter who has lived in the US since she was 8, but no where does the OP state that the daughter has an immediate relative that is a USC. i.e. I read it as the petitioner is petitioning for his new wife and the wife has an 18 yr old daughter (17 when he petitioned for her). If the wife is denied, certainly the daughter would be as well, correct? Unless the daughter is the USC's daughter, which is not stated anywhere. Am I wrong?


if the step parent/step child relationship was created before the age of 18... then the stepchild is petitionable as an immediate relative.

The OP said the child was petitioned for when she was 17... the only way for this to occur was if the USC petitioner was already the stepparent (already married to the child's mother).

If the daughter was the "biological" of the USC then there probably would be no issue as to her immigration status (she would likely also be a USC.)

Edited by payxibka, 11 September 2011 - 08:44 PM.

payxibkaMaleUkraine2011-09-11 20:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

Ok, I do understand most of this now. I'm really just asking these questions to learn. The 2 things I still don't understand are...

1) The Petitioner is assuming the wife is going to get a ban. Why? Isn't her illegal status forgiven once they married?
2) The Petitioner states that he only gets SS income and he sent in the I-864. Won't he have to meet the income requirements to sponsor the daughter? He states that the only income that supports this is the income of the immigrant (not sure whether he means the wife or the daughter when he says "immigrant") Regardless, neither of their incomes can be counted for the I-864, correct? I assume this means the petitioner needs a co-sponsor to sponsor either or both of them (assuming the SS income he referred to is below the 125% threshhold).


Illegal status is forgiven but that requires a legal entry. The OP's situation is that the mother & daughter have no status in the USA as they entered without inspection, most commonly some sort of "border jumping" (but we do not know the facts in this situation)

I read the original post again, assuming I overlooked that the girl is the U.S. citizen's daughter. She is 18, in the U,S. for "over 10 years" so I cannot find anything that would allow such an assumption. Thus, the O.P. cannot file an I-130 for her.
Did I overlook something somewhere?


No assumptions, you need to read more than the original post as the OP clarified

Edited by payxibka, 12 September 2011 - 06:52 AM.

payxibkaMaleUkraine2011-09-12 06:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

Does anybody know what is acceptable as proof that the daughter left before the 180 days?


an entry stamp in a passport showing entry into a different country
payxibkaMaleUkraine2011-09-12 07:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

An entry in the passport from a border enforcement officer is the best evidence. If she doesn't have that then proof of transit by a commercial carrier can be used (airline boarding pass, bus ticket, etc.). If she doesn't have that (e.g., she walked through a border crossing) then credible evidence that she was in Mexico before the 180 day period had expired. The prudent thing to do would be to get an exit stamp in her passport when she leaves the US. If she doesn't have a passport then she should explain to the CBP that she's going to need proof that she exited the US for a visa interview.

I don't know what the average waiting time is for a visa appointment at the consulate in CDJ. Ask in the Mexico regional forum.


Since the US does not have exit passport control, getting an exit stamp from the US will be a bit of a challenge. You can visit the CBP office on your way out, but what assurance would the CBP have that you would actually cross the border?
payxibkaMaleUkraine2011-09-12 14:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Help for filing I-290B
I am not sure why you posted this in the K-1 forum as this is not a K-1 topic... moving thread
payxibkaMaleUkraine2010-10-29 22:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Case transfred to FPU(fraud prevention unit)
here is a link to an FPU page at a different consulate... I am sure they are all very similar

Link
payxibkaMaleUkraine2009-04-07 06:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Case transfred to FPU(fraud prevention unit)
QUOTE (ken86 @ Apr 7 2009, 12:38 PM) <{POST_SNAPBACK}>
QUOTE (morocco4ever @ Apr 7 2009, 10:41 PM) <{POST_SNAPBACK}>
Did you get another 221(g) stating it was being sent back to the USCIS? They do that if they suspect fraud, but have no evidence. The USCIS will conduct it's own investigation and either:

1-Agree with the consulate and send you a NOIR (Notice of Intent to Revoke). They give you an opportunity to prove your case
2-Disagree with the consulate and send it back to the consulate with instructions to issue the visa

This happened to us, and we got the NOIR. I sent in my rebuttal and our petition was reaffirmed. They sent it back to the consulate and my husband got the visa. It took an additional 15 months from the first interview, and that was considered speedy.


I am under DCF and it cannot go back to USCIS.......rest i dont know


Yes it can go back to the USCIS... most likely a USCIS foreign field office that has jurisdiction over your locale but that is another story
payxibkaMaleUkraine2009-04-07 13:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K1 which will need a I-601, Attorney Fees?
moving to waiver forum as that is the bigger questions that you need to have answered
payxibkaMaleUkraine2010-07-24 07:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-290b Denied
returned or denied? if denied then it would appear they made a $585 mistake

Edited by payxibka, 27 May 2010 - 10:17 PM.

payxibkaMaleUkraine2010-05-27 22:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Why are there no procedures for extending I-129F's and Medical Exams with Waivers?
1) Why should special rules apply because an alien violated previous rules and now needs added processing?

2) The consulate can extend themselves it just sounds like they are not willing unless you tell them. See #1 above.

3) The 6 mos. medical rule is the rule and it is what it is. See #1 above.
payxibkaMaleUkraine2010-05-07 07:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Why are there no procedures for extending I-129F's and Medical Exams with Waivers?

Yes, I am trying to keep things in perspective, but I think anyone in the midst of this process knows how frustrating it can be to feel that things are finally moving forward and then find that small things have slowed it all down again. My main point was if Tokyo was incorrect or missed something in their statements about the I-129F and medical. Thanks for the information regarding that. We are sending the letter tomorrow and will work again on Monday to get things resolved. The waiver was approved and we are very thankful, but, of course, I miss her so so much.

I know the system is what it is, but I still see so many things that could improve it and make life better for a lot of people. I'm not saying that I specifically deserve better, but I think we all do.


Tokyo is not incorrect...
payxibkaMaleUkraine2010-05-07 10:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Comments on How Often is Too Often to Call USCIS?

I am just wondering if anyone has called USCIS frequently and either found that they were consistently helpful or if they eventually were like 'stop calling us'?

Our 212+K1 is processing in Seoul and I've called twice so far (after two weeks each time). So far they have been helpful. The first time I called they said they should have a decision in a week, so I waited and then called two weeks later and now they say they are waiting for paperwork from the US. I have no idea what paperwork or how long it takes for an office in the US to mail it. Things seem to process quickly in Seoul, but I am disappointed to hear that they are waiting on anything from the US. I hope I am wrong in assuming anything from the US is slower than it should be....

Well, my main question is about calling USCIS. I want to call in a week to see what's up, but I am worried they will get annoyed. I am really trying to be patient, but it is getting so hard. Any comments?


Why are you calling the USCIS? If the case is in Seoul it is not there issue but belongs to the DOS
payxibkaMaleUkraine2010-03-03 08:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Comments on How Often is Too Often to Call USCIS?

Field offices are in the US and under the auspices of USCIS.

Consulates are abroad and under the auspices of the Department of State.


Unless it is a USCIS foreign field office which was not clearly indicated in the OP's first post
payxibkaMaleUkraine2010-03-03 08:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)filing US taxes while waiting for 10 year ban
ban has nothing to do with it... if your foreign spouse is not eligible for a SSN then the IRS will issue an ITIN... Look up form W-7
payxibkaMaleUkraine2010-02-04 12:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)8CFR 217.4 (a) (1) I-192 Waiver?
All sorts of "bells" are ringing in my head...

You have a British passport with a newly issued visa?

Was your "discretion" on an entry while using VWP AND your British passport?

Are you also Canadian or is the Canadia flag on your profile in error?
payxibkaMaleUkraine2009-12-28 15:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
Her I-94 from her K-1 entry should have expired on or about June 1, 2007 (based on a March 3rd entry)... At that time she began to accrue "out of status" time until the day she left... If her out of status time was more than 180 days and less than 365 she will incur a 3 yr ban. If more than 365 days then it is a 10 yr ban. From the facts you present it would appear the 10 yr ban has been triggered.....

If the ban is in place, when applying for a visa, she will be denied at interview... You will then have the opportunity to apply for a waiver on the ban. You cannot apply for the waiver before a visa is denied, so it is not possible to jump start the waiver process.


moving thread to the waiver forum... you need to learn as much about the waiver process as possible... it is a long and difficult road

Edited by payxibka, 28 October 2009 - 09:37 AM.

payxibkaMaleUkraine2009-10-28 09:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (klicristina @ Oct 28 2009, 09:53 AM) <{POST_SNAPBACK}>
Thank you for your comment. My wife's I-94 expired on May 1, 2008. I am not a lawyer so I can speak with 100% certainty that the I-94 should or should not expired in 90 days. I am simply stating the facts about my case. We went by the date on the I-94. I have a couple of questions. Should my wife be penalized for a mistake on the date stamped by someone else? How can any goverment agency hold my wife accountable for not noticing that mistake, if indeed, the I-94 should only last for 90 days? I would also like to point out that the judge during the removal hearing did not ruled that the I-94 had to expired 90 days after my wife entered the USA. The judge knew that my wife I-94 was 1 year and 3 months long. Any further comments will be appreciated.


regardless if it is May 1, 2008 or June, 2007... in either situation with a January, 2009 departure the facts would support one of the re-entry bans... because the minimum threshold of 180 days was exceeded.
payxibkaMaleUkraine2009-10-28 10:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (klicristina @ Oct 29 2009, 07:31 AM) <{POST_SNAPBACK}>
Hi everyone. The K-1 visa is just a very ridiculous visa because it gives you no option to adjust outside the 90 days. It doesn't matter if you are married with the USC. Unless you have a really strong excuse such as a medical reason to not make it to your wedding, you may be able to get a waiver. Outside of that, you are SOL!


You are mistaken... there is a path to legal status for a K-1 if you marry outside the 90 days.... it requires both the I-130 and the I-485... unfortunately in your situation you missed the I-130, had you done this you would not be in your current situation... it was an unfortunate misstep ...
payxibkaMaleUkraine2009-10-29 09:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (klicristina @ Oct 29 2009, 09:34 AM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Oct 29 2009, 11:02 AM) <{POST_SNAPBACK}>
QUOTE (klicristina @ Oct 29 2009, 07:31 AM) <{POST_SNAPBACK}>
Hi everyone. The K-1 visa is just a very ridiculous visa because it gives you no option to adjust outside the 90 days. It doesn't matter if you are married with the USC. Unless you have a really strong excuse such as a medical reason to not make it to your wedding, you may be able to get a waiver. Outside of that, you are SOL!


You are mistaken... there is a path to legal status for a K-1 if you marry outside the 90 days.... it requires both the I-130 and the I-485... unfortunately in your situation you missed the I-130, had you done this you would not be in your current situation... it was an unfortunate misstep ...



Could you please direct us to a website where this immigration law specifically states that a K-1 entry the got married after the 90 days to USC and is allowed to adjust status by filing an I-485 and I-130 together?

If that is the case, then why the judge didnt allow me to do that? We consulted with 6 immigrantion lawyers and the D.C. area and non of them told us about this option. Our lawyer is one of the top immigration law firm in the area and she is the partner of the firm with 30 years experience.


I will look for the reference...

FWIW, the judge could not allow you to re-file because once you filed the I-485 (without the benefit of the I-130) you placed yourself in a path that was unrecoverable, because in order to recover, a decision was needed on the original I-485. The only decision available was a denial, and once a denial decision is rendered on an I-485, the law requires the alien to immediately be put in removal proceedings. Once you are in removal proceedings you are barred from re-filing.


ETA:
While not an official INA reference... look at the bottom of the page. I know similar language exists (or has existed) on the USCIS website.

Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.

http://usimmigration...t-of-Status.asp

Edited by payxibka, 29 October 2009 - 10:45 AM.

payxibkaMaleUkraine2009-10-29 10:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (emt103c @ Oct 29 2009, 12:40 PM) <{POST_SNAPBACK}>
Wow. 8 pages of argument.

Please note that visapro DID NOT SAY that you were eligible to file the I-130 AND adjust status from within the United States. It said

QUOTE
Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.


meaning consular processing. . .

That point is moot though. Now, the OP has to deal with having left the US after an overstay. No matter what the I-94 says, the overstay started at 90 days after admission since the couple was not married in that time period. 180 days after that a ban was incurred.

At that point, on or about December 01, 2007, there was a 3 yr ban waiveable by an I-601. This was before they even got married. No statement by an immigration judge can change that unless he had allowed an in-country filing, which he also conceded was beyond his power.

The OP needs to consult with A GOOD ATTORNEY asap, try Heather Poole or Laurel Scott or one of their associates. They both have experience with Brazil and will be able to give you a quick answer about the necessity of a waiver. Also start doing research about the I-601. www.immigrate2us.net is a good place to start.


does not automatically mean consular processing... there are a handful ofl members on VJ in the past, who accidentally married outside the 90 days, and have adjusted status as has been explained, SUCCESSFULLY

Edited by payxibka, 29 October 2009 - 01:13 PM.

payxibkaMaleUkraine2009-10-29 13:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (emt103c @ Oct 29 2009, 01:49 PM) <{POST_SNAPBACK}>
"Accidentally" does not usually imply nine months later. . . .


outside the 90 day period is outside the 90 day period whether 1 day or 100 days or 1000 days...

An alien may be eligible to apply for status adjustment if they are an immediate relative of a USC and as long as they enterd the country LEGALLY... A legal entry is evidenced by an I-94. A spouse is an immediate relative of a USC.... As long as the K-1 entrant married the original petitioner then they have a path and can adjust. The process is accomplished by an I-130 petition & I-485. Other than the required marriage to the original petition, this process is no different than an alien who entered on a B-2, J-1, VWP, etc...
payxibkaMaleUkraine2009-10-29 14:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (klicristina @ Oct 30 2009, 10:13 AM) <{POST_SNAPBACK}>
Maybe, I was barred from filing because my wife was in removal procedure.



Not maybe... a newly filed or pending I-130 while an alien is in removal procedings cannot cure the removal situation. This is FACT....


FWIW, laws and procedures are written typically to define what you CANNOT do.... You will not find a law/rule allowing a K-1 after 90 days to adjust via an I-130, what you would find a law/rule that would prohibit it.... no such one exists that I can find. Anecdotal evidence from a handful of VJ members over the past years would also indicate it can be done.

ETA:

website of a visa lawyer who says it can be done

http://www.igetyouin...en/?mid=K1_Visa

Another one:

http://immigration.l...psedU-6978.html

again:

http://www.immigrati...of_status.shtml



The Immigration and Nationality Act is a law that governs the admission of immigrants to the United States. For the part of the law concerning adjustment of status and the 245(i) provision, please see INA § 245. The specific eligibility requirements and procedures for applying to adjust status and the penalty provision are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.1, 245.2 and 245.10.

8CFR 245.1 specifically indicates who is INELIGIBLE (Crewman, TWOV, non IR VWP, non IR's who failed to maintain status, EWI)

READ:
http://www.callyourl...w/8_CFR_245.pdf

Edited by payxibka, 30 October 2009 - 10:39 AM.

payxibkaMaleUkraine2009-10-30 10:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (klicristina @ Oct 31 2009, 02:12 PM) <{POST_SNAPBACK}>
Hi All,

Let assume that my wife's CR1 visa will be denied next Friday. I spoke to a waiver lawyer today and he told me that my best waiver is a hardship waiver. He told me that if I wait until after the denial, then I would have to resubmit the I-130 all over again. Is this true? I don't have much time so please quick comment on this issue. Thanks.


No, as long as the consulate is aware a waiver request will be forthcoming, they will (or should) keep the approved I-130 on post... besides you cannot even submit a waiver request until a visa has been denied.... You can however begin to prepare the waiver request package but they won't accept it until a denial has happened

Edited by payxibka, 31 October 2009 - 02:23 PM.

payxibkaMaleUkraine2009-10-31 14:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (Magnolia31 @ Nov 3 2009, 09:09 AM) <{POST_SNAPBACK}>
What i don't understand is this ....

I have been on VJ since around 2006 or so. I have seen plenty of posts from people on here who also did not get married within the 90 days, and still they filed for AOS.

This really confuses me. Have you asked this question in the AOS section? Perhaps others in that section will answer who have faced a similar problem. I know with 100% certainty that others have done this.


Had he filed for AOS properly (with an I-130) this could have been avoided... but he did not, and that was an unfortunate misstep...
payxibkaMaleUkraine2009-11-03 10:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (klicristina @ Nov 10 2009, 12:44 PM) <{POST_SNAPBACK}>
Here's my personal take on it. I don't think there is a law specifically writtened that states an I-94 for a K-1 visa is valid for only 90 days and what happens when a mistake is made on the I-94 date. The State Department might say that my wife should have known that it is for 90 days, just like everyone have expressed here on this forum. I don't see how anyone can logically decide something based on law by saying that you should know something. It is a law or not a law. If this is the case, we should have gotten a denial at the interview because the US Consulate could have use that excuse on us. They search their lawbooks, the Internet, and consulted with the head manager within the Consulate and they still couldn't decide what to do. I see my wife's case comes down to this. Who should bear the responsibility for the mistake on the I-94? Remember the I-94 drives the unlawful presence count and the 3yr/10yr ban. The I-94 is a legal document that authorizes a period of legal stay in the USA and my wife simply followed the law. What is your argument for or against my argument?


Your wife did not follow the law per se, but followed the erroneous I-94. Following the law would mean a 90 day stay as that is the prescribed time in the technical "law"....

Simply claiming ignorance of the law is a horrible defense and should be avoided... that is why a carefully crafted legal arguement needs to be prepared and submitted on your wife's behalf.
payxibkaMaleUkraine2009-11-10 13:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)MUST READ!!!! Married outside 90 days
QUOTE (baron555 @ Nov 10 2009, 03:24 PM) <{POST_SNAPBACK}>
I would just move on with my life and not try to undo the past.


They are not trying to UNDO the past but unfortunately the past is impacting there attempt to move forward
payxibkaMaleUkraine2009-11-10 16:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I485 denial for parrents
QUOTE (sachinky @ Dec 2 2009, 09:38 AM) <{POST_SNAPBACK}>
Does the same rule apply in terms of prior intent? What's the 60-90 day rule?

If this is allowed, then why do people file for IR5 (?) -- why not just adjust from B2?


1) There is no 60-90 day rule... it is a theory...

2) Because what can happen when you try to adjust from a B2 is exactly what happened to the OP's parents, and then it can become a nightmare situation to try and resolve.

Edited by payxibka, 02 December 2009 - 12:25 PM.

payxibkaMaleUkraine2009-12-02 12:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Edited by payxibka, 19 November 2009 - 12:15 PM.

payxibkaMaleUkraine2009-11-19 12:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
QUOTE (4bd @ Nov 19 2009, 11:21 AM) <{POST_SNAPBACK}>
QUOTE (payxibka @ Nov 19 2009, 11:12 AM) <{POST_SNAPBACK}>
no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.



payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver?



there is a "waiver" forum here on VJ as well as a couple other websites that deal more with this issue.... many have succeeded, but some also have failed. It is not a cheap process and you would most likely want competant legal assistance.

Bottom line is there is no ability to repair her status from within the USA... by law a K-1 entrant is specifically excluded from adjusting status based on a marriage to anyone else other than the original petitioner.

Edited by payxibka, 19 November 2009 - 12:28 PM.

payxibkaMaleUkraine2009-11-19 12:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
QUOTE (JERIII @ Nov 19 2009, 01:42 PM) <{POST_SNAPBACK}>
There's another question here - China does not, of course, issue Visas to visit other countries. However, China may require its citizens to get permission before they leave China. I know that China did so not that many years ago. I do not know if they still do. While this is not technically a visa, it is a travel restriction.

Anybody know?


One would assume that pushbrk (amongst several) would know (since his spouse if from China)...
payxibkaMaleUkraine2009-11-19 14:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
QUOTE (Old Dominion @ Nov 19 2009, 07:58 PM) <{POST_SNAPBACK}>
Maybe I'm thick skulled here, but so many people from overseas overstay their various visas, marry a USC, and then proceed to adjust their status. USCIS overlooks instances of illegally residing here, if the marriage is bona fide, there has been no criminal behavior, and things are working out in general. Right?


but a K-1 MUST only marry the original petitioner that provided the eligibility for the K-1, otherwise they are specifically excluded from adjusting there status based on a marriage to another BY RULE.... It is a specific condition attached to the K-1 entry..
payxibkaMaleUkraine2009-11-19 21:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Help: Parents Visit
QUOTE (Englander @ Nov 1 2009, 07:30 AM) <{POST_SNAPBACK}>
We'd love to have my husband's parents over for a visit. His mum came over for our wedding last year so she's not the problem.

My father-in-law has a criminal record. A drug crime from over 20+ years ago.

Is there anything I, or my Husband (Green Card Holder) can do to bring him to the US?

He'd like to come over for about 2 weeks, and He'd love to be able to visit when he'd like. It's killing my husband that he can't come visit. Because unlike my husband and I who don't have the money to pick up and go to England whenever, He has the money and time to come over.

My Father-in-law holds a great job and has for 20 years. He's way up in a huge bank in England.
So my next question is
If there is a way to help get him over here, will that way include notifying his work? because his work doesn't know about this crime. And he really can't afford to lose his retirement seeing as he retires in 3 years.

Also we're headed to England in Dec, So I thought maybe there was something we could do while we're over there?


Thanks in advanced for any info or even any experience on this at all.


does he not qualify for VWP?
payxibkaMaleUkraine2009-11-01 08:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Help: Parents Visit
OK then have him apply for a tourist visa... no police report is required for this application
payxibkaMaleUkraine2009-11-01 09:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Medical vacc. Gardasil (Blanket waiver or I-601)
medical needs to be current at time of filing the I-485
payxibkaMaleUkraine2009-05-17 13:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Marrying Brazilian whom I believe has 10 yr ban
Off-Topic2.gif
payxibkaMaleUkraine2009-08-26 07:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)how to make plans for CDJ
If I remember correctly, CDJ has a pilot program... the submission of the waiver (or appointment) can be made immediately upon denial of the visa...

since this is wrong forum to ask this question I will move it... moving to waiver forum


















payxibkaMaleUkraine2009-08-25 22:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Confused about the status of our Appeal
QUOTE (MayaLar @ Jul 7 2009, 09:34 AM) <{POST_SNAPBACK}>
Hello Everyone!


Our I-129F petition application for K1 was denied because we failed to established evidence that the two of us have met within 2years....We were given option to appeal...

After we submitted I-290B, Fiance received notice that our Appeal is under review and process. 3 months gone by and followed up the status of our appeal and was given false hope that decision will come out within 2weeks.....time passed and we are now running for 5th month and still no news.........We were given another 45days for an outcome...... helpsmilie.gif

Any input will be greatly appreciated.... rose.gif


K-1 is a visa. Nobody has yet applied for a visa....

Appeals are rare... good information on timing does not really exist as it is really on a case by case basis

Edited by payxibka, 07 July 2009 - 09:43 AM.

payxibkaMaleUkraine2009-07-07 09:43:00