5 year ban - file for waiver before i129f?

[Bill and Tanya 18]

Far from the truth.

You screwed up. US border patrol didn't put your fiancée in a car and try to enter the US. You did.

Do you really think there are no procedures to deal with attempts to cross the border by various people?

You're speculating there was no procedure and your fiancée wa treated fairly because you are angry and hurt.

Accept that you screwed up.

Aaron2020, please do not reply to my post anymore. Your negativity is just not helpful. I had already admitted that what I did was stupid, and based on our own ignorance. My question was not posted asking for further chastisement in this regard, but for assistance in how to best proceed further. Thank you for your not so helpful remarks and opinions, I was speaking to you directly in my original post where I said I do ask that people refrain from bashing me for not knowing what we were doing, and all the "you should have" comments. I am sorry that my post was so long and that you did not read that far. The hotel manager did not give legal advice, just simply that shopping in El Paso was more advised to shopping in Juarez due to my ethnic race. The advice to go to the bridge was given to me by the US embassy, but I know now that they probably meant that a "permit" is predicated upon already having a valid entry visa, and a "shopping permit" simply does not exist.

[Bill and Tanya 18]

You can't file the waiver with the petition. Wait until she is denied, and have it ready to file the instant she is denied (she can hand it to them). Since in the end it was all a misunderstanding, she might not be denied at all.

If denied, is denial typically soon after submission of the petition, or do they wait 6 months, deny, then you must submit waiver petition and wait another 6 months? I know each case is different, and times always vary, I am just looking for a generalization. For instance, is it typical that once you submit a petition for a person who has a 5 year ban, the system might kick it out automatically and immediately, meaning I could do as you suggested and have the waiver ready to go and have virtually no loss in time to process.

Alternatively, I read in another post where someone was advised to forgo K1 petition, marry outside the US, then apply for spouse visa (yes, I know off forum... just asking)

[dave97232 12]

This is a messy kink in your plan. As you can see from other posts, you are getting conflicting advise about the waiver. It would seem clear there is no universally understood correct way of dealing with this.

Normally I think using a lawyer is a big waste of money, but it might help you to have a good immigration lawyer to deal with this situation.

I am not a lawyer or immigration expert so I do not know what I am talking about, but if you choose to do it yourself, here is what I would consider:

1. The U.S. border check is in the U.S., on the north side of the bridge, so on the I-129F I assume you have to check "YES" on the question about your fiancee being in the U.S. before. I would then attach a supplimental letter explaining the situation, and include copies of the relevant documents.

2. On the question of filing the waiver with it, or wait until you are denied. I would vote to file with it. Is there any reason it would hurt? It seems that either they will accept it or not. If they do, great! If they don't, well, you are in the same boat you would have been in if you waited for the denial.

[dave97232 12]

Just one question. How good is your fiancee's English? Can she speak English fluently enough to easily deal with whatever questioning she was put through when you were separated? I wonder if the problems you ran into may be due to some misunderstanding. They probably have staff that speak fluent English and Spanish, but probably not Russian.

[Bill and Tanya 18]

This is a messy kink in your plan. As you can see from other posts, you are getting conflicting advise about the waiver. It would seem clear there is no universally understood correct way of dealing with this.

Normally I think using a lawyer is a big waste of money, but it might help you to have a good immigration lawyer to deal with this situation.

I am not a lawyer or immigration expert so I do not know what I am talking about, but if you choose to do it yourself, here is what I would consider:

1. The U.S. border check is in the U.S., on the north side of the bridge, so on the I-129F I assume you have to check "YES" on the question about your fiancee being in the U.S. before. I would then attach a supplimental letter explaining the situation, and include copies of the relevant documents.

2. On the question of filing the waiver with it, or wait until you are denied. I would vote to file with it. Is there any reason it would hurt? It seems that either they will accept it or not. If they do, great! If they don't, well, you are in the same boat you would have been in if you waited for the denial.

This is quite possibly the most constructive advice yet! I had not thought of it in this way. I doubt they would reject the entire application simply on the grounds that I provided more information or forms not typically provided with this type of petition. However, you can understand how I got so confused in the first place, being that so many people seem to give such conflicting and different advice, even if it is not wrong from their point of view.

This is just another example of how immigration and border crossing is highly due for a reform, and some much needed policies that everyone - officials and non citizens alike - should be required to adhere to. A set of rules that each person must meet for the requested action to be successful. There would be so much less confusion and mistakes made, and allow people to live their lives in peace, and enter into situations with more certainty and security.

[KayDeeCee 4,893]

A waiver is not for the I-129F petition. It is for the K-1 visa. You do not file it with the I-129F petition. The requirements for the I-129F petition are to both be free to marry and have met face to face within the prior 2 years. The petition is only about being eligible to file for a K-1 visa. Waivers are handled at the US consulate in the country where the interview and visa denial take place. You have the K-1 interview and then if the visa is denied, you submit the waiver. http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/

You must prove that it will be a hardship for you if her visa is not granted. You may wish to consult with a competent immigration lawyer about your situation and submitting a hardship letter that will get the visa approved.

[Bill and Tanya 18]

Just one question. How good is your fiancee's English? Can she speak English fluently enough to easily deal with whatever questioning she was put through when you were separated? I wonder if the problems you ran into may be due to some misunderstanding. They probably have staff that speak fluent English and Spanish, but probably not Russian.

Her english was passable enough that there was no mistake made that we were simply seeking information, and not trying to cross illegally. That too is in the transcript from the entry denial notice. Not once did either of us waiver from the truth or provide false or misleading information in an attempt to cross illegally. All we did was ask "is this possible"?

However, the severity of being denied access with a 5 year ban should be reserved for people they find near the fence with a pair of wire cutters... not people who are at their gate simply asking a question, not hiding anything, and without criminal records of any kind.

[Bill and Tanya 18]

A waiver is not for the I-129F petition. It is for the K-1 visa. You do not file it with the I-129F petition. The requirements for the I-129F petition are to both be free to marry and have met face to face within the prior 2 years. The petition is only about being eligible to file for a K-1 visa. Waivers are handled at the US consulate in the country where the interview and visa denial take place. You have the K-1 interview and then if the visa is denied, you submit the waiver. http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/

You must prove that it will be a hardship for you if her visa is not granted. You may wish to consult with a competent immigration lawyer about your situation and submitting a hardship letter that will get the visa approved.

And here is a seemingly educated and well thought out suggestion that contradicts other very good suggestions. Perhaps I am simply asking the wrong questions, or need to look at another type of waiver. I am not opposed to hiring a good lawyer, however of the half dozen I have actually managed to get on the phone without first being required to retain them with a sizable payment have all given the same type of conflicting advice as I have received here. In my other thread, I explained how I was even told by one lawyer that we didn't need to meet to start the K1 process - that got some laughs from the members here.

It would be nice if the section of this site labeled Immigration Law Offices/url] actually contained some affiliates who care about the individual, and were interested in helping, instead of trying to pay off their summer home)))

[KayDeeCee 4,893]

And here is a seemingly educated and well thought out suggestion that contradicts other very good suggestions. Perhaps I am simply asking the wrong questions, or need to look at another type of waiver. I am not opposed to hiring a good lawyer, however of the half dozen I have actually managed to get on the phone without first being required to retain them with a sizable payment have all given the same type of conflicting advice as I have received here. In my other thread, I explained how I was even told by one lawyer that we didn't need to meet to start the K1 process - that got some laughs from the members here.

It would be nice if the section of this site labeled Immigration Law Offices/url] actually contained some affiliates who care about the individual, and were interested in helping, instead of trying to pay off their summer home)))

My information was incorrect too. It seems since June that all I-601 waivers are mailed to a USCIS lockbox. Hope this link helps provide you some needed info: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0637fe13147b7310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[baron555 934]

She has a ban in place. She needs the waiver to be filed along with the 129 petition.

You can't file the waiver with the petition. Wait until she is denied, and have it ready to file the instant she is denied (she can hand it to them). Since in the end it was all a misunderstanding, she might not be denied at all.

I say wrong. The waiver is merely a letter, describing in much less detail, maybe three to five sentences, what you told us and should be added to the 129f documents.

[Hypnos 6,576]

I say wrong. The waiver is merely a letter, describing in much less detail, maybe three to five sentences, what you told us and should be added to the 129f documents.

You are mistaking an IMBRA waiver (which is a short letter, as you describe) with a waiver of inadmissibility (which is not a short letter but is an I-601 or I-212 waiver form in its own right).

Edited February 1, 2013 by Hypnos

[mtcmk1 37]

Ask your question on avvo dot com. It's anonymous to the public.

I would suggest you pay a lawyer's first consultation to get your answer, and then file it the DIY way if you prefer. Good luck!

[Harpa Timsah 13,258]

She has a ban in place. She needs the waiver to be filed along with the 129 petition.

I say wrong. The waiver is merely a letter, describing in much less detail, maybe three to five sentences, what you told us and should be added to the 129f documents.

You are confusing waivers, as Hypnos mentioned. He requires a I-601 waiver which is a form, with a fee; it is most certainly not a three-sentence letter. She is trying to overcome a formal ban, and needs a waiver of inadmissibility.

A waiver is a big deal and I would not do one without a lawyer. I would not send one with a petition with money and hope they do something with it just for experimentation - they might even take the money and then deny it, leaving you with a denied waiver on your hands. Jay-Kay linked the correct procedure for waivers from uscis. A waiver is filed after denial, and anyone saying the opposite is incorrect. I know you are nervous OP, but don't take advice from a free forum, even mine. Lawyer Laurel Scott at one time had a free chat on Wednesdays, I might try that. She is well-regarded on this site. Obviously you found a website advertising "lawyers" and it seems obvious that a site like that will be full of sharks.

I will say good for you OP that you managed to meet your fiance instead of whining and trying for a silly "waiver of meeting."

[happiestmanalive 23]

I can't believe how many a-holes are on here. I feel like their lives must really suck if they need to feel the superiority they must get from posting such demeaning comments...

Anyways, sorry about your situation, hope all turns out well for you and your love

[memlaura 60]

I am so sorry you both had to go through that it sounds like there was alot of confusion on all parts. And I am sorry that you were attacked on your motivation to enter the states. I can see myself doing the exact same thing you did since you went to the American Embassy and they are the ones that instructed you where to go. There was no reason for you to believe that they were idiots or to call a lawyer while on vacation to ask about a permit. If the American Embassy had told me that is what I needed to do I would have believed them as well. Unfortunetly you are at there mercy when those situatuions occur I am not sure about the when to file the waiver and I would probably pay the consultation fee with an attorney to atleast get some advice. But if I were you I would send copies of what you have in with your petition in hopes that it will keep her from getting denied at her interview. But please think about asking someone that is paid to know these things not those of us that are learning as we go. Good luck on your journey.