Super Confused I-212 questions

[gilkayo 0]

Hi all.

I am in the process of applying for an I-212 after a bar (5 years) occurred crossing (by car) into US POE from Canada. I was processed at the POE and deported the same night. The border patrolman was the person who gave me the bar.

I have been married to my husband for over 3 years and would like to apply for my I-130 visa at the same time. I am confused about where I should be sending my I-212 form. Should I bring it back to the POE and they will send it to the appropriate place from there? Can I pay them the fee there or will I still have to include a cheque? Or is this a case that ALL documents should be send to the the same place for processing. It's kind of a unique situation (I feel anyhow). Any advice will help. Thanks!

[Sergi9 110]

Hi all.

I am in the process of applying for an I-212 after a bar (5 years) occurred crossing (by car) into US POE from Canada. I was processed at the POE and deported the same night. The border patrolman was the person who gave me the bar.

I have been married to my husband for over 3 years and would like to apply for my I-130 visa at the same time. I am confused about where I should be sending my I-212 form. Should I bring it back to the POE and they will send it to the appropriate place from there? Can I pay them the fee there or will I still have to include a cheque? Or is this a case that ALL documents should be send to the the same place for processing. It's kind of a unique situation (I feel anyhow). Any advice will help. Thanks!

Assuming your husband is a US Citizen, he can submit the I130 at any time. If you are both living in your country I think you can process at the consulate in your country. It might be quicker.. you should check forums on ..it looks like Canada. They might process in Vermont anyway. I have heard "lone" I212's (those without I601 ) have a tendency to get lost and never get answered so do some research on this issue, and stay on top of it while it is processing.

The I212 is going to go a different route. Read the instructions on the form to find out where you need to send it. It might be better to wait till the I130 is approved, but this is something you might want to check with an attorney on.

Edited December 31, 2010 by Sergi9

[gilkayo 0]

I am a Canadian living in Canada. He is an American living in America. We are separated due to the bar. I haven't read anything about an I-160 but I'll look into it. I have no idea how they would apporve my I-130 without removing the bar first???

[milimelo 4,418]

I am a Canadian living in Canada. He is an American living in America. We are separated due to the bar. I haven't read anything about an I-160 but I'll look into it. I have no idea how they would apporve my I-130 without removing the bar first???

Normally goes like this:

1. USC files I-130 petition for you

2. Petition is approved by USCIS and then forwarded to NVC where you complete all steps

3. NVC sends petition to consulate

4. You go for medical and then have an interview in the consulate

5. At this time, your immigrant visa is denied and you are told to file I-212 and/or I-601

6. If you are prepared, you can submit your waiver(s) at the interview and pay for them

7. If you are not, you submit them at a later date

8. Based on waiver adjudication, sometime in the future you're told if it is approved or not and to submit your passport for visa stamping

[Used to be broken 147]

I am a Canadian living in Canada. He is an American living in America. We are separated due to the bar. I haven't read anything about an I-160 but I'll look into it. I have no idea how they would apporve my I-130 without removing the bar first???

The I130 is totally independent of the Bar. You can file that at any time . Once the VISA is denied, you can file the I212. Since its up or almost up the five years, the sooner you file the I130 the faster the process.

[gilkayo 0]

Is it not possible to apply for both at the same time? Would this not make the process work faster???

[NigeriaorBust 4,087]

No the process is to be denied the visa and told you CAN file for the waiver. You can prepare the waiver(s) if you know you fall into the group of people that need one. Most people know these are very complex and important documents and hire legal help. Some consulates look at the waivers the same day. But officially you must first be denied the visa.

[gilkayo 0]

When I tried to enter the US at my POE they told me there that I was denied entry and to apply for the waiver when they deported me. Do they not know what they are talking about???

[belinda63 3,022]

There has to be a basis for the waiver to be filed. In your case this basis would be an application for a spousal visa. A waiver is a way to ask the government to forgive your bar from entering the US. The bar is punishment for an action and will not be waived without good reason.

[Used to be broken 147]

Is it not possible to apply for both at the same time? Would this not make the process work faster???

No, not at this time. The I130 approval establishes your spouses relationship to you and conveys an opportunity for your husband to proceed with Immigrant VISA Processing. The next step is the Consulate will interview him and determine his eligibility. If there is an inadmissability at the time of the VISA interview such as a bar, the Consulate will determine if your spouse's inadmissability is "WAIVEABLE". Some issues are not, unlawful presence happens to be waivable for the spouse of a US Citizen, "if" you can prove extreme hardship if your spouse not living with you causes extreme hardship AND you can prove you cannot live with him in his country without it causing you extreme hardship. It can be a long process, if you are close the the bar expiring take a look at the calendar and plan accordingly, it will take about 5-7 months for the I130 to get through the system and then the interview. If you time it right you can avoid dealing with the I601. But be prepared for the additional time it will take the consulate to get the A-file from the states, which is 4-6 weeks. If there was a deportation it will still require an I212.. possibly. If you do in fact need that, its another problem you need to find out where they adjudicate it, send it to the right place and make sure you stay on top of it so it doesn't get lost in the system. You might want to go ahead and do an FOIA request now so you can find out what they have in the system on his deportation and border encounter. Depending on the exact circumstances of that encounter, an I601 might be in order for another issue.

Read, study the guides and the USCIS websites.

Edited January 11, 2011 by brokenfamily

[emt103c 10]

Actually, IF, you have confirmation from a good legal source who has reviewed all aspects of your case and determines that you do not have any other ineligibilities, you could file the I-130, get the receipt and then mail in the 212 to the appropriate USCIS office. But, before doing this, you want a reliable legal consult from an experienced 212 lawyer. IF, however, you need the 601 you will have to wait for the denial and file the two together.