k-1 visa questions/ Fiance has 180+ Day overstay history

[tejana67 0]

Hello, I am wondering if anyone is or has been engaged to someone that was here in the United States illegally for more than the 180 days and went back to Mexico and then you filed a I-129F Fiance Visa? If so what are the steps to take? Did you have to file a Application for Waiver of Grounds of Inadmissibility I-601 for them being here in the US illegally? Please help me with this because I am getting ready to file the I-129F for my fiance. He has since went back to Mexico on his own. He was not deported or anything. He has been in Mexico for 2 years and 3 months now. We still have a relationship. I go back and forth to see him, but it is very tiring. So I thought that I would try and get him a visa so he could come and get married. If anyone has been in this situation and has gotten a visa please let me know what the steps were. Thank you so much for your time.

[canadian_wife 1,820]

Was it more the 180 days but less than 365? Then it is a 3 year ban from the US. You will need to diclose the illegal presence (because chances are they already know and lying about it will cause heaps more problems)

Yes, you'll need an I-601 to show how you'll suffer extreme hardship if he does not come to the US with you.

Good luck

[tejana67 0]

Was it more the 180 days but less than 365? Then it is a 3 year ban from the US. You will need to diclose the illegal presence (because chances are they already know and lying about it will cause heaps more problems)

Yes, you'll need an I-601 to show how you'll suffer extreme hardship if he does not come to the US with you.

Good luck

Thanks for your quick reply. Yes it is more than 365 days. I have filled out the I-129F and it asks if your fiance has ever been in the US? I checked yes. I have no intentions of lying. So then should I already have the I-601 ready? When should I send it in or should he take it with him to his interview? When does that form come in to play?

[canadian_wife 1,820]

Then it is a 10 year ban for more the 365 days

Your fiance will be denied the visa at the interview and at that point will be (hopefully if things haven't changed) able to submit the I601. YES, have it prepared. Do not attempt to do this on your own. go over to immigrate2us.net which is a site designed to support those with loved ones with a ban

Also, Laural Scott is an expert in inadmissability and works with immigrate2us.net, she also offers a free chat on wednesdays at scottimmigration.net

Good luck

[tejana67 0]

Then it is a 10 year ban for more the 365 days

Your fiance will be denied the visa at the interview and at that point will be (hopefully if things haven't changed) able to submit the I601. YES, have it prepared. Do not attempt to do this on your own. go over to immigrate2us.net which is a site designed to support those with loved ones with a ban

Also, Laural Scott is an expert in inadmissability and works with immigrate2us.net, she also offers a free chat on wednesdays at scottimmigration.net

Good luck

I don't understand when they say 10 year ban. The people that I know have been here in the US illegally for more than 8 or so years and they get married here and file for their papers and then go to the interview in Ciudad Juarez and are denied and they have to go back to their home and wait for another interview within 2 or 3 months and then they get the visa and come back to the US and then they file for their papers. I am a member of immigrate2us.net. I didn't know about the chat. Thank you so much.