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Michell

Will he be eligible for a waiver?

By Michell in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Michell Explorer

Michell   3

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

Hello,

I am a U.S. Citizen and will be filing for a CR-1 Visa for my soon to be husband right after we get married.

My concern is he was denied entry (with a tourist visa) a few months ago. His tourist visa was taken away at POE due to they found to believe he was working in the U.S. To make matters worst, he ADMITTED to have worked in the U.S. Will he be eligible for a waiver?

I spoke to a lawyer, and he said yes. I just want to hear from other VJ users if they have a similar story.

The lawyer advised him to get a job in Mexico to prove he is in Mexico and working to help in the case. He also suggested for him to send me money (from Mexico), instead of me sending money to him (from the U.S.) Any opinions to this?

Thanks

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kzielu Experienced

kzielu   1,149

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Filed: Citizen (apr) Country: Poland
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Was he given a ban ? If not, he will not need a waiver. Suggestion of him sending you money is somewhat stupid - can create impression he is paying you for his green card (means marriage is for immigration benefits only). But I am not a lawyer...

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Noah Lot Rising Star

Noah Lot   391

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Filed: Timeline
Posted

Hello,

I am a U.S. Citizen and will be filing for a CR-1 Visa for my soon to be husband right after we get married.

My concern is he was denied entry (with a tourist visa) a few months ago. His tourist visa was taken away at POE due to they found to believe he was working in the U.S. To make matters worst, he ADMITTED to have worked in the U.S. Will he be eligible for a waiver?

I spoke to a lawyer, and he said yes. I just want to hear from other VJ users if they have a similar story.

The lawyer advised him to get a job in Mexico to prove he is in Mexico and working to help in the case. He also suggested for him to send me money (from Mexico), instead of me sending money to him (from the U.S.) Any opinions to this?

Thanks

leave it to an ethically challenged immigration attorney to try and muddy the waters...if the objective of this creative nonsense is to foster a false illusion, well, what do you think will happen when the VOs discover this fairy tale? Who will get the brunt of the penalty for lying/mispresentation? Yep...your spouse, NOT the attorney, a fact that I bet was not mentioned by said attorney.

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Michell Explorer

Michell   3

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
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Was he given a ban ? If not, he will not need a waiver. Suggestion of him sending you money is somewhat stupid - can create impression he is paying you for his green card (means marriage is for immigration benefits only). But I am not a lawyer...

I don't think so. He was just denied entry under section 212(a)(7)(A)(i)(I). It's the fact that the paper given to him "withdrawl of application" says he admitted it worries me.

I agree with you when the lawyer said for him to send me money. It should be the other way around i think. I've been sending him money anyways and saving the wire transfer receipts.

We have been together for almost 8 years and we were already engaged and wedding plans in the works (wedding to be in Mexico) when this happend.

We are just waiting to get married in the next two months by Civil to start the filing process. Hope everything goes well for us. Wish us luck!

Thank you.

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Michell Explorer

Michell   3

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
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Posted

leave it to an ethically challenged immigration attorney to try and muddy the waters...if the objective of this creative nonsense is to foster a false illusion, well, what do you think will happen when the VOs discover this fairy tale? Who will get the brunt of the penalty for lying/mispresentation? Yep...your spouse, NOT the attorney, a fact that I bet was not mentioned by said attorney.

This is not a false illusion or fairy tale. We've been together for almost 8 years and are now ready to start a life together. I just have my doubts about needing a waiver do to what happend. I am just looking for some opinions or someone who has been thru something similar to share their thoughts.

Thank you.

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
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Posted (edited)

I don't think so. He was just denied entry under section 212(a)(7)(A)(i)(I). It's the fact that the paper given to him "withdrawl of application" says he admitted it worries me.

I agree with you when the lawyer said for him to send me money. It should be the other way around i think. I've been sending him money anyways and saving the wire transfer receipts.

We have been together for almost 8 years and we were already engaged and wedding plans in the works (wedding to be in Mexico) when this happend.

We are just waiting to get married in the next two months by Civil to start the filing process. Hope everything goes well for us. Wish us luck!

Thank you.

http://in.answers.yahoo.com/question/index?qid=20090106043848AAP2Guq - this one says no ban

http://answers.yahoo.com/question/index?qid=20111212184053AA9e3ag - this says ban

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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