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Kalina D

is my I-130 going to be denied because of canceled B2 visa?

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Here is my story as short as possible :)

2 years ago i found out i was pregnant (i was at home in Bulgaria at that time) and my boyfriend (US citizen) and i decided to get married and raise our child together :) we looked at our options and decided we don't have enough time to wait for a K1 visa before the baby's due so i took my chances with a B2 visa. but at the US airport i got suspected and taken to a small room where an officer started asking me questions. i admitted everything: my intentions to get married, give birth and later apply for a green card. of course my visa was canceled and i was sent back... but the officer gave me a document I-877 (record of sworn statement in administrative proceedings) and form I-275 (withdrawal of application for admission/consular notification) and said "go back home, apply for k1 and give these documents to the consular, they will help you get your k1 visa faster". but i was 4 months pregnant already and didn't even try for the k1. 5 months later my boyfriend came to Bulgaria and we got married. in 12 days our baby was born :) Later he went back to USA and sent I-130 to USCIS. now i'm afraid we'll get denied because of what i did... i read the FAQ in VJ and it said that this is not considered a crime but i still wanted to ask for personal opinions and advices... I appreciate your help and i thank you in advance :)

p.s. the stamp on my visa says CANCELED - SPM ON ______ REASON ___212(a)___

06/04/2008 - got married in Bulgaria

05/13/2009 - I-130 sent to USCIS

05/15/2009 - check was cashed

05/19/2009 - NOA1

11/05/2009 - RFE - signature missing.... duh!

12/18/2009 - NOA2

12/18/2009 - NVC case number asigned

12/23/2009 - AOS bill & DS-3032 generated

12/25/2009 - DS-3032 emailed (didn't go through)

12/28/2009 - AOS bill payed online

12/29/2009 - DS-3032 emailed again...

01/10/2010 - IV bill paid online

05/06/2010 - AOS package sent

05/13/2010 - IV package sent

05/25/2010 - AOS package received by NVC

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how big is our chance to get denied and if we do what shall we do next?

06/04/2008 - got married in Bulgaria

05/13/2009 - I-130 sent to USCIS

05/15/2009 - check was cashed

05/19/2009 - NOA1

11/05/2009 - RFE - signature missing.... duh!

12/18/2009 - NOA2

12/18/2009 - NVC case number asigned

12/23/2009 - AOS bill & DS-3032 generated

12/25/2009 - DS-3032 emailed (didn't go through)

12/28/2009 - AOS bill payed online

12/29/2009 - DS-3032 emailed again...

01/10/2010 - IV bill paid online

05/06/2010 - AOS package sent

05/13/2010 - IV package sent

05/25/2010 - AOS package received by NVC

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how big is our chance to get denied and if we do what shall we do next?

You were honest and shouldn't have any problems. Did you get US citizenship for the baby?

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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we did yes :) we went to the embassy and got Consular Report of Birth Abroad, passport and a SS# for our daughter :)

06/04/2008 - got married in Bulgaria

05/13/2009 - I-130 sent to USCIS

05/15/2009 - check was cashed

05/19/2009 - NOA1

11/05/2009 - RFE - signature missing.... duh!

12/18/2009 - NOA2

12/18/2009 - NVC case number asigned

12/23/2009 - AOS bill & DS-3032 generated

12/25/2009 - DS-3032 emailed (didn't go through)

12/28/2009 - AOS bill payed online

12/29/2009 - DS-3032 emailed again...

01/10/2010 - IV bill paid online

05/06/2010 - AOS package sent

05/13/2010 - IV package sent

05/25/2010 - AOS package received by NVC

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Filed: IR-1/CR-1 Visa Country: Bulgaria
Timeline

as we spoke with the OP over skype and I am aware of her problem, just wanted to ask the other folks here who are more aware of section 212a, is the OP going to need a waver in case of denial? i thought she would... :unsure::unsure::unsure: but let's hope she'll get the NOA2 soon. it's been soooo long since they applied and NO result yet... :blink::blink::blink:

bulgaria_mwp.gifusa_mwp.gif

CSC USCIS ~CR-1 Visa~ Journey

2009-02-19 : I-130 package sent_________________2009-02-20 : I-130 Received in Chicago, IL

2009-02-27 : NOA1 Approved____________________2009-05-04 : NOA2 Approved

NVC ~CR-1 Visa~ Journey

2009-05-11 : NVC case # assigned

2009-05-19 : DS-3032/AOS Bill Generated__________2009-05-20 : DS-3032 e-mailed; AOS/I-864 Bill (paid online $70)

2009-05-26 : Sent In Completed I-864

2009-06-04 : e-mailed DS-3032 accepted by NVC____2009-06-04 : IV Fee bill generated, paid online $400

2009-06-08 : DS-230 mailed to NVC

2009-07-10 : Case complete - in 141 days

2009-07-21 : Interview expedite request e-mailed to NVC

2009-07-27 : NVC replied NO to expedite request

2009-07-29 : NVC e-mailed an interview date for Sept.15th

2009-08-07 : Case left NVC

2009-08-10 : DHL shipped file

2009-08-12 : Case received in USEM, Sofia

2009-08-24 : Medical scheduled

2009-08-25 : Interview re-scheduled

2009-08-28 : Visa in hand

2009-09-01 : US entry - Boston, MA

2009-09-15 : Welcome letter sent (21st Sept received)

2009-09-30 : GC production ordered

2009-10-08 : GC received

2010-02-01 : little D was born :)

VSC ~ROC~ Journey

2011-06-03 : mailed ROC package

2011-06-06: ROC NOA1

2011-07-08: Biometrics appointment

2012-02-25: GC Approval

2012-03-....: PGC received

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