Fiance was Deported...help!

[moniqueinlove 0]

Hi All,

Im brand new here and am not sure what I am doing but I do know I need help and advice.My boyfriend/fiance of two years was deported out of Port Canavral, Fla after we got off a cruise ship. Im a U.S. citizen he is an Italian Citizen...he was here on a B1/B2 visa. He would return home every 6 months and come back here and was living with me and my children. We were a family. He was deported and now is in Italy. I am filling out the paperwork for the K-1 visa and also we have the I-212 filled out for his deportation. The latter is supposed to go to Port Canavral and the other to the Vt processing place. Which one do I send first? Can I send them at the same time? Do I tell the Vt St. Albans, processing place about his deportation and do I tell the deportation people of the pending K-1 visa app???

PULEEEZ someone guide me. I spoke to an immigration attorney and he didn't even know which you file first or even if they should go to the same place instead of the I212 going to Port Canavral. We lived here in Ct. This process is overwhelming and we just finally got the $$ together since Sept 30 to go forward and now I feel stuck and afraid to send something at the wrong time or place. Is there any kind of help line someone can call when filling out this paperwork..where they can speak to someone from USCIS? I went to an office and they didn't know ANYTHING about anything!

Any and All help would be so appreciated.

Monique

[Lona.C. 16]

Hi All,

Im brand new here and am not sure what I am doing but I do know I need help and advice.My boyfriend/fiance of two years was deported out of Port Canavral, Fla after we got off a cruise ship. Im a U.S. citizen he is an Italian Citizen...he was here on a B1/B2 visa. He would return home every 6 months and come back here and was living with me and my children. We were a family. He was deported and now is in Italy. I am filling out the paperwork for the K-1 visa and also we have the I-212 filled out for his deportation. The latter is supposed to go to Port Canavral and the other to the Vt processing place. Which one do I send first? Can I send them at the same time? Do I tell the Vt St. Albans, processing place about his deportation and do I tell the deportation people of the pending K-1 visa app???

PULEEEZ someone guide me. I spoke to an immigration attorney and he didn't even know which you file first or even if they should go to the same place instead of the I212 going to Port Canavral. We lived here in Ct. This process is overwhelming and we just finally got the $$ together since Sept 30 to go forward and now I feel stuck and afraid to send something at the wrong time or place. Is there any kind of help line someone can call when filling out this paperwork..where they can speak to someone from USCIS? I went to an office and they didn't know ANYTHING about anything!

Any and All help would be so appreciated.

Monique

sorry about your situation , i have no experience in wavers but maybe this will help http://www.visajourney.com/forums/index.php?showtopic=319

or maybe this site

http://www.unitedstatesvisas.gov/contact.html wish you good luck

[rebeccajo 14]

What did they stamp in his passport?

It doesn't sound to me like a deportation.

It sounds like he was denied entry.

[emt103c 10]

If he was actually deported, there may be other charges. What does the paperwork they gave him say?

Was it an expedited removal or did he go before a judge?

Was he "out of status" on the B1-B2?

Have you consulted an attorney?

The problem is that if he has an expedited removal against him there could be other charges as well and then it would do no good to send the 212 in before the I-129F. . .If there is an overstay of 6 months or a charge that caused them to remove him he will need another waiver too. Don't get worried, because Rebecca could be right as well and it could be a simple denial of entry for which you would need no waiver at all, this happens sometimes with countries that are members of the VWP like Italy.

IF there were no other charges against him and you were filing both, you would need to file the 212 WITH the I-129F so that they would go to the same place.

Please post more information so that we can help.

[moniqueinlove 0]

If he was actually deported, there may be other charges. What does the paperwork they gave him say?

Was it an expedited removal or did he go before a judge?

Was he "out of status" on the B1-B2?

Have you consulted an attorney?

The problem is that if he has an expedited removal against him there could be other charges as well and then it would do no good to send the 212 in before the I-129F. . .If there is an overstay of 6 months or a charge that caused them to remove him he will need another waiver too. Don't get worried, because Rebecca could be right as well and it could be a simple denial of entry for which you would need no waiver at all, this happens sometimes with countries that are members of the VWP like Italy.

IF there were no other charges against him and you were filing both, you would need to file the 212 WITH the I-129F so that they would go to the same place.

Please post more information so that we can help.

It was an expedited removal..banned for 5 years....he was not past his 6 month stay. They just didnt like his pattern of travel over the previous two years...and they said he was working and living here illegally. It didnt matter that he had his RETURN ticket the following week. This one moment has changed our lives forever. I've been crying since Sept 30th. The more I read the more hopeless it sounds. I need to send the paperwork ASAP as I finally got the money together and I don't know what to do...

[emt103c 10]

Be calm. . .I know exactly how you feel. I was standing right beside my then fiance--now husband--when they did the same thing to us.

On the expedited removal paperwork, is there one box checked or two? Which box(s) are checked?

As I said before, if only one box is checked you can file the two simultaneously at the service center, but if he was charged with anything else you will have to file the 129F alone and wait to file the "waiver" at the consular interview.

On the "up" side, the service centers are now at 6 months for processing 212's. This may seem like a long time to you, but this time last year they were at a year or longer.

[moniqueinlove 0]

Be calm. . .I know exactly how you feel. I was standing right beside my then fiance--now husband--when they did the same thing to us.

On the expedited removal paperwork, is there one box checked or two? Which box(s) are checked?

As I said before, if only one box is checked you can file the two simultaneously at the service center, but if he was charged with anything else you will have to file the 129F alone and wait to file the "waiver" at the consular interview.

On the "up" side, the service centers are now at 6 months for processing 212's. This may seem like a long time to you, but this time last year they were at a year or longer.

emt103c...

thanks for writing back!! there is one box checked..(7)(A)(i)(I).Under that it says

1)You are an immigrant not in possession of the proper valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act;

and/or

2) You have been in the United States longer than two years working and living illegally.

#

I can't believe I'm not the only one.......this experience is unreal!! How long were you two apart?

Monique

[rebeccajo 14]

If he was actually deported, there may be other charges. What does the paperwork they gave him say?

Was it an expedited removal or did he go before a judge?

Was he "out of status" on the B1-B2?

Have you consulted an attorney?

The problem is that if he has an expedited removal against him there could be other charges as well and then it would do no good to send the 212 in before the I-129F. . .If there is an overstay of 6 months or a charge that caused them to remove him he will need another waiver too. Don't get worried, because Rebecca could be right as well and it could be a simple denial of entry for which you would need no waiver at all, this happens sometimes with countries that are members of the VWP like Italy.

IF there were no other charges against him and you were filing both, you would need to file the 212 WITH the I-129F so that they would go to the same place.

Please post more information so that we can help.

emt -

Since monique's SO is already out of the country, won't she file the I129F first and wait for the approval of it, then file the waiver at the interview?

[moniqueinlove 0]

Any further advice guys?

One box checked on Expedited Removal paper......which happened in Port Canavral FLa...

The "rules" say the 212 gets filed at office where deportation took place?????Do I follow the rules??

129 goes to VT,because of where I live

An attorney said file both in Vt at same time....during the same conversation he changed his tune and said file seperately, 212 to Port Canavral, FLa and the 129 to VT simultaneously......but include information to Each that the other paperwork has been sent to the other place.

Good Grief!! How are you all sounding so upbeat and positive...I feel like driving off a cliff!!

Monique

[Chica Yeyé 41]

But I wonder if she can somehow go around the 5 yer ban. I think I read somewhere in the waiver forum that bans are good for the time of their duration, aren't they? In any case, good luck friend, I hope you can solve this soon!

[emt103c 10]

I worry about the "living and working illegally" for two years.

It sounds like they are accusing him of overstaying his visa which would mean you have to wait to file the waivers at the actual interview and then you would need both the I-601 hardship waiver and the I-212 for the deportation or removal.

Please consider contacting the attorney I mentioned. You will be able to give her much more information that you can give us online and she will be able to explain everything.

Rebecca, there are a couple of different ways of doing it, right now I'm thinking she really needs to talk to an attorney because there is probably something we don't know. If she doesn't go to an attorney, then waiting until the interview would be the safest thing to do because then they can evaluate if she needs both waivers.

The 212 can be filed with the other petition, because it doesn't actually depend on having the other petition and could be filed on its own completely. If it were alone, it would go to the district office over deportation or removal and could be filed at anytime during the process. Since it is being applied for in conjunction with a relative petition and that is considered a beneficial factor the two could be submitted at the same time to the same place so that they coordinate the two. If she waits until the interview to file it then yes she would file it at the consulate and they would forward it to the district office with a recommendation.

[moniqueinlove 0]

I worry about the "living and working illegally" for two years.

It sounds like they are accusing him of overstaying his visa which would mean you have to wait to file the waivers at the actual interview and then you would need both the I-601 hardship waiver and the I-212 for the deportation or removal.

Please consider contacting the attorney I mentioned. You will be able to give her much more information that you can give us online and she will be able to explain everything.

Rebecca, there are a couple of different ways of doing it, right now I'm thinking she really needs to talk to an attorney because there is probably something we don't know. If she doesn't go to an attorney, then waiting until the interview would be the safest thing to do because then they can evaluate if she needs both waivers.

The 212 can be filed with the other petition, because it doesn't actually depend on having the other petition and could be filed on its own completely. If it were alone, it would go to the district office over deportation or removal and could be filed at anytime during the process. Since it is being applied for in conjunction with a relative petition and that is considered a beneficial factor the two could be submitted at the same time to the same place so that they coordinate the two. If she waits until the interview to file it then yes she would file it at the consulate and they would forward it to the district office with a recommendation.

Over the two year period, he never overstayed the 6 months they would give him....he would go back to Italy for a couple of weeks...once with me...and come back where they would stamp him 6 more months. We just didn't consider the returning from the cruise, as actually "reapplying" to come back to the U.S....BIG MISTAKE! His passport would show this right? They worded it in such a bad way...as if he didn't go back after the 6 mo intervals...

anyway....I've prepared the doc's for the 129. Do you have the email for that attorney. I want to get this going as quickly as possible. Is there any HARM in sending both the 129 and 212 to the same place in VT? how about sending both at the same time to respective places??FL and VT

Thank You guys so much!!

Monique

[rebeccajo 14]

For Heavens sake, whatever you do, don't send ANYTHING out until you have spoken to competent qualified counsel.

[cjindia 0]

For Heavens sake, whatever you do, don't send ANYTHING out until you have spoken to competent qualified counsel.

I think that they have become very strict for the b1. At my work as well, the lawyers are very critical when we bring anyone for a B1. I dont think you are allowed to stay here for such long periods of times.. It is meant to be just a trip here for business meetings and such... I think the L1 is more the long term visa(1 year or so). This may be why they sent him back because they felt he misused the visa(it is only for business meetings). I agree you need a good lawyer..

[bphd 0]

I was with my fiance for almost a year, but we had worked together for 3 years. He was caught in our apartment about 2 months before he was going home to fix his paperwork. after he was deported i found out i was pregnant. So now we are filing his fiance paperwork, the deportation waiver and a affidavit of support. I am in the same place you are. I know it is horrible and i have cried everyday since he was taken. It will be a year in january. But i do have some advice that i got from a lawyer for you. It has really helped me feel better about all this. You need to contact your congress and explain your story to them. Once you do that ask for some help. What they will do is 'flag' your file once it is in immigration. I have a friend who works in the visa office in vermont and she says that when they see a flagged folder they pull it out of line right away and do that first. When the flag the fold it tells immigration that congress has interest in the file and they want this done quickly. Good luck and hang in there, if it is supposed to be it will, that is what i keep telling myself to hang in there until my fiance returns.