Confused on 10yr Ban?? Please help...

[Moshongis 0]

--------------------------------------------------------------------------------

Ok so Ive been reading and reading and researching the other threads on here in regards to the 10yr bans....I dont have it very clear how it works or how you get the ban but still allowed the waiver, and how you get the ban of 10yrs but are not allowed the waiver and have to wait in Mexico for 10yrs....

The reason why my concern is cuz my Fiance entered EWI....and just unsure of what ban he would basically be "classified" under....Can someone tell me how this works???......

Timeline:

EWI 5/2001 (3 attempts entering illegaly but got thrown back) in the same month

(on 4th attempt was succesful) lived in Phx. AZ until 9/2001 then...

10/2001 Caught in Albuquerque Bus Station (thrown back to CDJ)lived in Mexico since then until......

10/2004 EWI came to Denver CO

03/2006 Met Fiance

9/2006 Moved in Together

05/2008 Got Engaged

01/2009 Want to Start the I-129f Process....

HOpefully I worded it right to where you can understand....please let me know if you know what ban he would fall under???....

[YuAndDan 153]

If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

Tyring for a K-1 would be a problem with the 10 year bar, typically a NON-IMMIGRANT K-1 is not given the waiver option, you are only engaged, NOT Married so this is not a hardship.

Edited February 2, 2009 by YuAndDan

[Moshongis 0]

If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

He came EWI....

[YuAndDan 153]

If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

He came EWI....

Entered WITH inspection, OR WITHOUT Inspection?

EWI = Entered WITH Inspection.

[Moshongis 0]

If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

He came EWI....

Entered WITH inspection, OR WITHOUT Inspection?

EWI = Entered WITH Inspection.

Entered Without Inspection

[Craneman 2]

If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

He came EWI....

Entered WITH inspection, OR WITHOUT Inspection?

EWI = Entered WITH Inspection.

Entered Without Inspection

This would make him Illegal????

[Moshongis 0]

If your fiancee entered with inspection (Entered Legally) and still has an I-94 card in passport, your best option is to marry and file to adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

He came EWI....

Entered WITH inspection, OR WITHOUT Inspection?

EWI = Entered WITH Inspection.

Entered Without Inspection

This would make him Illegal????

Ummmm Yes

[YuAndDan 153]

This would make him Illegal????

Yep, no way around the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

Edited February 2, 2009 by YuAndDan

[Moshongis 0]

This would make him Illegal????

Yep, no way arounf the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

What is a CR-1 Visa....my Fiance is from Mexico Ive never heard of those Visas before???.....

[Craneman 2]

This would make him Illegal????

Yep, no way arounf the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

What is a CR-1 Visa....my Fiance is from Mexico Ive never heard of those Visas before???.....

Evidently neither has he.

[YuAndDan 153]

This would make him Illegal????

Yep, no way arounf the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

What is a CR-1 Visa....my Fiance is from Mexico Ive never heard of those Visas before???.....

CR-1 is a conditional-resident spousal visa.

Marry first, then file an I-130 for a spousal visa, this will process through USCIS --> NVC --> Consulate, the interview will be for an IMMIGRANT visa, this will generate a green-card.

The consulate MAY request a waiver to any BAR that may be in place. (A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).

Start HERE: http://www.visajourney.com/forums/index.ph...page=i130guide1

[Moshongis 0]

This would make him Illegal????

Yep, no way arounf the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

What is a CR-1 Visa....my Fiance is from Mexico Ive never heard of those Visas before???.....

CR-1 is a conditional-resident spousal visa.

Marry first, then file an I-130 for a spousal visa, this will process through USCIS --> NVC --> Consulate, the interview will be for an IMMIGRANT visa, this will generate a green-card.

The consulate MAY request a waiver to any BAR that may be in place. (A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).

Start HERE: http://www.visajourney.com/forums/index.ph...page=i130guide1

OH Okay Ive heard of it then it's the I130 right?....

so now Im really confused....on the website immigrate2us.net Ive read Timelines of Fiances Petitions I129f of Fiances' have entered EWI-Without Inspection and have been given the Waiver....It just all depends on the EWI's and how long they have stayed in the country or if they have been officially deported by a judge......Thats why my confusion on my Fiance's case.........and now I read what ur telling me is that "(A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).".....

How did there Fiances get the Waiver approved then?...

This would make him Illegal????

Yep, no way arounf the BAR.

Best option it to marry first, then file for a CR-1 visa, then interview for it at the consulate and deal with the waiver if and when it comes up.

Moving this to the visa waiver's forum.

What is a CR-1 Visa....my Fiance is from Mexico Ive never heard of those Visas before???.....

CR-1 is a conditional-resident spousal visa.

Marry first, then file an I-130 for a spousal visa, this will process through USCIS --> NVC --> Consulate, the interview will be for an IMMIGRANT visa, this will generate a green-card.

The consulate MAY request a waiver to any BAR that may be in place. (A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).

Start HERE: http://www.visajourney.com/forums/index.ph...page=i130guide1

OH Okay Ive heard of it then it's the I130 right?....

so now Im really confused....on the website immigrate2us.net Ive read Timelines of Fiances Petitions I129f of Fiances' have entered EWI-Without Inspection and have been given the Waiver....It just all depends on the EWI's and how long they have stayed in the country or if they have been officially deported by a judge......Thats why my confusion on my Fiance's case.........and now I read what ur telling me is that "(A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).".....

How did there Fiances get the Waiver approved then?...

[YuAndDan 153]

OH Okay Ive heard of it then it's the I130 right?....

so now Im really confused....on the website immigrate2us.net Ive read Timelines of Fiances Petitions I129f of Fiances' have entered EWI-Without Inspection and have been given the Waiver....It just all depends on the EWI's and how long they have stayed in the country or if they have been officially deported by a judge......Thats why my confusion on my Fiance's case.........and now I read what ur telling me is that "(A fiancee (K-1) more than likely will simply be denied due to bar, no waiver offered, however a SPOUSE is treated differently).".....

How did there Fiances get the Waiver approved then?...

Again, in the case of a K-NON-IMMIGRANT visa the consulate officer can simply deny and return the case to USCIS without offering a waiver. The visa type is NON-Immigrant.

This is withing the descression of the counselor officer.

Keeping a married couple separated is different than an UN-Married couple.

[emt103c 10]

Fiances ARE ELIGIBLE for waivers of inadmissibility. They are treated in EXACTLY the same manner as a spouse. Only one consulate I know of tries to consistently break the law in that aspect and that is Manila. . .but they are wrong when they try it.

As Moshongis said, on i2us we have TONS of people granted the waivers as fiances. On this website, you can go back and look at posts from "kitkat."

[jula 0]

Moshongis, before you do ANYTHING - see a lawyer

In most cases, EWI after a prior violation (EWI and illegal presence) means a life time bar without a possibility for a waiver. And it looks like his violations are well documented