Will we need a waiver?

[Johny E. 0]

My fiancee lived in the US illegally for 8 years. (entered with a tourist visa), BUT was taken to America by her mother when she was 12 years old. She has a squeaky clean record and left the US voluntarily. We are now in the process of a k1 visa. Our lawyer believes our case wont be denied and we wnt need a waiver. We have been together for 5 years and have a million ways to prove our relationship. Our lawyer believes that it is mostly like it that we will receive a waiver under the "discretion" of the person interviewing us, considering that she was only a child when taken to America. We know about the bar but many lawyers told us the same thing our lawyer told us. (we have a strong case,mostly because of her age when she entered the US).Has any1 been trough a similar situation or has heard of a similar case? Please reply.

[payxibka 10,047]

My fiancee lived in the US illegally for 8 years. (entered with a tourist visa), BUT was taken to America by her mother when she was 12 years old. She has a squeaky clean record and left the US voluntarily. We are now in the process of a k1 visa. Our lawyer believes our case wont be denied and we wnt need a waiver. We have been together for 5 years and have a million ways to prove our relationship. Our lawyer believes that it is mostly like it that we will receive a waiver under the "discretion" of the person interviewing us, considering that she was only a child when taken to America. We know about the bar but many lawyers told us the same thing our lawyer told us. (we have a strong case,mostly because of her age when she entered the US).Has any1 been trough a similar situation or has heard of a similar case? Please reply.

I think your lawyer is wrong. Your petition will be approved but most likely the consulate will refuse the visa. If and only if the consulate refuses will you need to apply for a waiver. Best course of action would be to undersand the waiver process and how Rio accept waiver applications. Have one in your back pocket the day of the interview and be ready to go.

Edited September 15, 2008 by fwaguy

[Johny E. 0]

My fiancee lived in the US illegally for 8 years. (entered with a tourist visa), BUT was taken to America by her mother when she was 12 years old. She has a squeaky clean record and left the US voluntarily. We are now in the process of a k1 visa. Our lawyer believes our case wont be denied and we wnt need a waiver. We have been together for 5 years and have a million ways to prove our relationship. Our lawyer believes that it is mostly like it that we will receive a waiver under the "discretion" of the person interviewing us, considering that she was only a child when taken to America. We know about the bar but many lawyers told us the same thing our lawyer told us. (we have a strong case,mostly because of her age when she entered the US).Has any1 been trough a similar situation or has heard of a similar case? Please reply.

I think your lawyer is wrong. Your petition will be approved but most likely the consulate will refuse the visa. If and only if the consulate refuses will you need to apply for a waiver. Best course of action would be to undersand the waiver process and how Rio accept waiver applications. Have one in your back pocket the day of the interview and be ready to go.

We already checked and from our research Rio does not accept a waiver the same day of the interview so we would have to reschedule to apply for a waiver. Threfore we will only be dealing with that if we are denied, we don't want to spend the money if it's not necessary.What exacly do you mean by the petition being approved and a visa being denied? Tnk u for the reply!

[Mononoke28 135]

He means that the I-129F will most likely be approved by the USCIS, sent to the embassy for an interview and then the CO might deny the actual visa. It's worth a shot because you'll never know unless you file. Once you get there and they deny it, then you'll be prepared for it. If they don't deny it, then you'll have your fiancée with you!

Good luck!

Diana

[Johny E. 0]

He means that the I-129F will most likely be approved by the USCIS, sent to the embassy for an interview and then the CO might deny the actual visa. It's worth a shot because you'll never know unless you file. Once you get there and they deny it, then you'll be prepared for it. If they don't deny it, then you'll have your fiancée with you!

Good luck!

Diana

Tnxs for clearing that up Diana.

[ARodrigues 0]

He means that the I-129F will most likely be approved by the USCIS, sent to the embassy for an interview and then the CO might deny the actual visa. It's worth a shot because you'll never know unless you file. Once you get there and they deny it, then you'll be prepared for it. If they don't deny it, then you'll have your fiancée with you!

Good luck!

Diana

Tnxs for clearing that up Diana.

Good advice, Diana. I'll also add that underage illegal presence has been considered against applicant's lately in other consulates. It used to not count until the person turned 18, now they are taking this into consideration. So if Brazil is following other consulates, i would be prepared with at least an outline for a waiver packet, that way you can file SOMETHING then, and send in evidence later. If you are considering doing it yourself, see www.immigrate2us.net for help on preparing it.

Good luck, I will soon be filing a waiver for my husband through Brazil.

[Johny E. 0]

He means that the I-129F will most likely be approved by the USCIS, sent to the embassy for an interview and then the CO might deny the actual visa. It's worth a shot because you'll never know unless you file. Once you get there and they deny it, then you'll be prepared for it. If they don't deny it, then you'll have your fiancée with you!

Good luck!

Diana

Tnxs for clearing that up Diana.

Good advice, Diana. I'll also add that underage illegal presence has been considered against applicant's lately in other consulates. It used to not count until the person turned 18, now they are taking this into consideration. So if Brazil is following other consulates, i would be prepared with at least an outline for a waiver packet, that way you can file SOMETHING then, and send in evidence later. If you are considering doing it yourself, see www.immigrate2us.net for help on preparing it.

Good luck, I will soon be filing a waiver for my husband through Brazil.

Although we are gonna use a lawyer if we need a waiver, i already registered myself on that site. the more info i can get the better right? Tnk u for the advice and the positive feedback. Goodluck to u and ur husband!

[spookyturtle 9,466]

Although we are gonna use a lawyer if we need a waiver, i already registered myself on that site. the more info i can get the better right? Tnk u for the advice and the positive feedback. Goodluck to u and ur husband!

Immigrate2us is a great site, the best there is for waiver info. More than likely you will need the wavier. If she was unlawfully present for more than a year after the age of 18, the 10 year bar will come into play. Supposedly time under age 18 doesn't count under INA Section 212(a)(9)(B)(i)(I)(iii)(I), but this appears to be in referecne to the the 3 year bar, unlawful presence or more than 6 months and less than1 year. Unlawfully present for 1 year or 10 years, same penalty, 10 year bar.

I think what is changing is holding unlawful presence under the age of 18 against the applicant in cases of 9C where more than a year of unlawful presence occured prior to age 18, and then an illegal entry after age 18. This new method of interpretation started within the last year or so. You can read about it on the other sight. It has been several months since I read it, so I am a bit fuzzy on details.

How long was she here after the age of 18?

[spookyturtle 9,466]

If you want a free consult with a very good lawyer, checkout http://www.humanrightsattorney.com/

Heather is a most qualified lawyer and will give you a quick opinion via email. Also, Laurel Scott at http://www.visacentral.net is one of the best waiver lawyers in the country. I think her consult fee is $125-150. Both are very straight-forward and will give you an honest assesment of your case.

[Johny E. 0]

Does anyone know how long does a waiver normally take to be either approved or denied? tnx.

[spookyturtle 9,466]

Does anyone know how long does a waiver normally take to be either approved or denied? tnx.

According to what I have been reading about Lima, it is talking about 6-8 months for the waiver to be adjudicated after it is submitted. Once in a while someone gets it done a bit quicker, and then there is the always one that takes longer.

[chaingang 7]

Does anyone know how long does a waiver normally take to be either approved or denied? tnx.

According to what I have been reading about Lima, it is talking about 6-8 months for the waiver to be adjudicated after it is submitted. Once in a while someone gets it done a bit quicker, and then there is the always one that takes longer.

wavier gets approved , it depends on situation , one of my closest friend got approved , she stayed in usa 2 years illegally , she was married and her two kids born in united states , at her interview she was denied and they told them , that file for wavier and week ago she got her visa , she went for interview jan 2007 , and she got approved in this month sep 2008 , so she had to wait for 20 months to get approved ,

so it depends on case , i hope u get approved on interview , but sorry to say but its true no chance u will get approve on interview , u will apply for wavier and wait and pray for results

[spookyturtle 9,466]

she went for interview jan 2007 , and she got approved in this month sep 2008 , so she had to wait for 20 months to get approved ,

so it depends on case , i hope u get approved on interview , but sorry to say but its true no chance u will get approve on interview , u will apply for wavier and wait and pray for results

What country was she filing in? That makes a big difference. It varies greatly depending upon where the waiver is filed and adjudicated.

[spookyturtle 9,466]

Does anyone know how long does a waiver normally take to be either approved or denied? tnx.

Have you considered getting married in the US, filing the I-130 and when it is approved she can return to Russia to submit the waiver? The I-130 will probably take longer to get approved than the I- 129F, but the wait time once the waiver is submitted will be the same. Just a thought.

[Johny E. 0]

tnx every1 once again for all the feedback. we are now deciding on a lawyer to deal with the waiver. we will start preparing for it once we find some1 we are comfortable with. we already talked to a few recommended by this site and the immigrate2us website also. we are very confident, we know we will be together, its just a matter of time. by the way( to answer a question posted here) she is in Brazil, i belive they file waivers in Peru though..not sure.