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CAN SOMEONE ANSWER THIS???

By indyusa in Effects of Major Family Changes on Immigration Benefits

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indyusa Newbie

indyusa   0

Posted
Filed: Country: Bulgaria
 Timeline
Posted

Hello, I have loads of questions to ask on here, but just let me ask some basic questions. If you have been deported, is it true that u must fill out a I-212 form, in order to get back into the states. My bulgarian partner was deported back in 2005 because of several misdemenors, with his us citizen ex wife. We have been in a realationship for 2 years we are both living in England at the moment, but Im coming back to the states in Feb for good. I know us getting married wont guarantee him entry, but what do you think......should we get married apply for the I-212, or get married and apply for the marriage visa? Cheers so much.....and plz only answer if you know for sure....... :help:

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

You get married, file the I-130 and follow the steps leading to a spousal visa. Then when you go to the interview, the visa will be denied, and THEN you file the I-212. So both. He also may have to file a I-601 waiver if he overstayed his visa in the past and his ban has not yet passed, before he got deported, or if he is inadmissible because of his crimes.

Edited by Harpa Timsah

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indyusa Newbie

indyusa   0

Posted
Filed: Country: Bulgaria
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  • Author
Posted

ok so basically...he doesnt have to file the I-212 FORM FIRST...So we should just get married and file normally...the I-310......after we get denied is it hard to appeal this....we have so much proof of being together....is it possible for them to deny us still?

Fandango Grand Master

Fandango   1,440

Posted
Filed: Timeline
Posted

ok so basically...he doesnt have to file the I-212 FORM FIRST...So we should just get married and file normally...the I-310......after we get denied is it hard to appeal this....we have so much proof of being together....is it possible for them to deny us still?

It really depends on why he was deported...it's not so much a question of proving a relationship, it's overcoming CIMTs/misrepresentation/material misrepresentation/etc.

If he was deported though, I would just say prepare yourself for an uphill, long battle.

indyusa Newbie

indyusa   0

Posted
Filed: Country: Bulgaria
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  • Author
Posted

ok...now let me ask this....my boyfriend is from Bulgaria....but at present is living in England...now Bulgaria became part of EU in 2007, but if he applies for this fiance visa, doesnt he have to apply from and live in Bulgaria, as he is not a national of England yet? My boyfriend says Im wrong, but I think Im right??? Any suggestions....thanks to you all

Fandango Grand Master

Fandango   1,440

Posted
Filed: Timeline
Posted (edited)

ok...now let me ask this....my boyfriend is from Bulgaria....but at present is living in England...now Bulgaria became part of EU in 2007, but if he applies for this fiance visa, doesnt he have to apply from and live in Bulgaria, as he is not a national of England yet? My boyfriend says Im wrong, but I think Im right??? Any suggestions....thanks to you all

YOU, the USC, apply for his visa. You are the 'petitioner', he is the 'beneficiary'. The Bulgaria/UK location has nothing to do with it.

Edited by Lisa C
Fandango Grand Master

Fandango   1,440

Posted
Filed: Timeline
Posted

Read the guides and the sample forms to familiarize yourself with this process. Obviously you will need his participation in the process (ie, signing papers, getting other docs together, etc), but the way he's eligible for this visa is through YOU, the USC. So you are the petitioner.

juliava Proficient

juliava   80

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted (edited)

Just to clarify...Did he get a ban when he was deported?

Edited by juliava

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coraliesolms Rising Star

coraliesolms   47

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted

He will have is interview wherever you are legally. If he is in the UK with you legally, then that is where his interview will be. I am a South African by citizenship, and I was living in Canada legally, therefore my interview was in Canada.

Not to pry, but what exactly got him kicked out of the States, different crimes have different immigration punishments, thats why I ask.

Good luck though, you guys are most definately going to need it!

Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

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Boiler Grand Master

Boiler   46,412

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I agree, what did he do to get deported in the first place, having chucked him out it is going to be a big ask to get him back in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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