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Posted

He asked me yesterday if they are likely to encounter any problems given their history:

She had been living here and working illegally on a tourist visa for approx 3 years. They met in July, he proposed in August, they married in December (Her English is very poor and he doesn't speak Spanish). They did not complete any visa petition paperwork before or after marriage and she continued to use her tourist visa to go back and forth to Mexico every weekend. They went on vacation together and she was caught coming back across the border on her tourist visa and was given voluntary departure. Apparently the border guard said "we'll make this as easy as we can for you as we admire how you've handled this, so although it's in the computer we won't make any record of it. We'll make it easy for her to get her visa and get back to the US as soon as possible". I did tell him that the border people to my knowledge have no influence whatsoever with the people who acually interview and issue visas.

My friend is concerned at interview that they will be asked probing questions about how they met, and how she came to have to return to Mexico and/or whether they will mention the fact that she misrepresented the use of her tourist visa when she was married.

I just said be completely honest. He is worried that she may face a ban of some kind or that they may have to file a waiver or something. They've already been apart for almost two years and are hoping that she will simply get her visa at the interview and come back to the US the same day.

Any advise or insight about probably outcome of interview.

Thanks in advance.

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

Filed: K-1 Visa Country: Mexico
Timeline
Posted
If they lie and are caught, there's going to be no waiver on earth that will let her into the country. Though it may cause delays, honesty is always the best policy.

The following information is from the web page here on VJ about the Mexican Embassy:

"If you need to submit a waiver for a prior overstay or illegal presence, be prepared to be told to return in two weeks for a second appointment to submit the waiver, pay the fees and give fingerprints. Waiver must be presented with hardship letter from USC and evidence/documentation to prove extreme hardship. As of November 2006, waiver processing takes approximately 9 months with a visa pick up appointment scheduled 7 weeks after waiver approval."

I'd call ahead and try to verify this information....see what you can find out BEFORE you show up for your interview....

K-1

6-16-07 Mailed in I-129F

6-26--07 NOA1

7-03-07 touched?

10-29-07 TOUCHED!! And Later in the day-APPROVED!!! (found out on line on the 30th)

11-06-07 received NOA2 in the mail

12-10-07 NVC received

12-12-07 Left NVC

01-14-08 USC received packet 3 in the mail

01-21-08 Fiancee received packet 3 in the mail

02-13-08 VISA ISSUED

02-27-08 Fiancee entered the country

03-20-08 Married! (First Day of Spring)

AOS, AP & EAD

03-29-08 Mailed in AOS, AP & EAD Application

04-04-08 NOAs for AOS, AP & EAD (arrived in mail APR 7)

4-11-08 letter for biometrics arrived in the mail

4-22-08 Biometrics

5-30-08 EAD and AP approved

06-06-2008 AP arrived in the mail

06-07-2008 EAD arrived in the mail

06-12-2008 AOS Approved

06-19-2008 Greencard in hand

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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