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Filed: K-1 Visa Country: Mexico
Timeline
Posted

Does anyone know about some waiver that they have immigrants sign before given the visa if they have been in the country illegally? My fiance went to the US illegally for almost 2 years (hes from Mexico) paid taxes one year, and left voluntarily before the end of the second year there. So far we haven´t been denied nor accepted and since he paid taxes I dont think he will be disqualified but I had heard about a waiver that he would sign at his interview acknowledging his illegal presence previously in the US. I also heard that the fee is like $550? Anyone had this experience or can contribute any knowledge? Thank you all so much. I am so glad this site exists!!

PS I found this site after I personally filed the I-129f and I submitted original birth cert and bank docs. Was this a bad move?

Posted

If he entered illegally and stayed for one year or more, he is banned for 10 years. A waiver is available for the spouse/fiance and son/daughter of a US citizen. If you have filed the I-129F on his behalf, and were honest about him entering illegally, he will eventually go for a visa interview and be denied a visa due to his illegal presense. waiver is available for this. It must prove extreme hardship to you, the US citizen. It requires filing the I-601, which you can download here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You must provide evidence of why it would be an extreme hardship to you if your fiance cannot return to the US and you had to move to Mexico. There are many arguments to use, health issues, employment, financial, etc. The best site to learn about this is immigrate2us.net. There is a section devoted to filing waivers in Mexico. It is an involved process but certainly doable. It is NOT a case of paying $545 and all is forgiven.

R.I.P Spooky 2004-2015

Posted

A few additional thoughts:

If you use a lawyer for the waiver, expect to pay $5000+ for their services. If you chose to use a lawyer, use one of the few recommended ones. Most have no experience with foreign filed waivers. If you spend several hours reading at the site I have suggested above, you may be able to decide if you can or want to attempt the process by yourself.

R.I.P Spooky 2004-2015

Filed: K-1 Visa Country: Mexico
Timeline
Posted

So I have tried numerous times to post on Immigrate2US and also to search and it says I am not allowed. My time will be spent here until resolved. My problem with the I-601 is that unlike all of you i met my husband in Mexico and I am still living here with him. We have applied for the I-129f and the NOA1 arrived on July 22. We live here together and since he was illegally in the US we are going to file for the I-601 but how do you prove hardship for a fiance when you live with him in Mexico? Any help? Thanks

Filed: Country: Senegal
Timeline
Posted

It is not an easy task to write a hardship letter and you will need supporting documents to proof your case of extreme hardship.

The $ 542 is the least of your worries because you really need a competent attorney to guide you which will cost between $ 4000-8000,

especially if you don't research yourself on immigrate2us.

You are correct in assuming that it will be hard to proof hardship if you already live in Mexico and that is why you need a lawyer to advice you.

Be patient with that site and keep trying, register and give it some time, it may have a glitch in the system. It did the same for me at first.

Filed: Citizen (apr) Country: Iran
Timeline
Posted

If you have been living in Mexico for any length of time, ie work there, have a residence there, etc it is going to be very hard to get the waiver. The only ways I can think of would be a job transfer, assuming you work there, to the US or a very ill, long term type, family member. By residing in Mexico prior to filing, again I don't know how many roots you have there, job, home, etc. you will have a hard time proving it is a hardship for you to remain there.

 
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