5 year ban - file for waiver before i129f?

[D N Medellin COL 75]

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.

You don't need to be caught with wire cutters its all about intent.

Good luck, your going to need to have the patience of Job over the next few years if you plan on sticking with this eastern European gal.

[baron555 934]

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

The OP had been thoroughly instructed on the the first thread on what options he had and what to do, based on his unique situation. Then to attempt what they did try to was inexcusable......we'll see how their relationship fairs since Russian women want their man to take care of business, of which he hasn't been off to a great start.

I learn also....take a look on the USCIS website and read the instructions for the I-601 form. It states who may use it and K-1 beneficiaries must use this form if they get denied for inadmissable at their K-1 interview.

So, no letter required, submit the K-1 documents and have this form in the back pocket just in case.

But a letter stating this facts and how it was just confusion on your part, blah blah blah may be warranted along with the petition to "pre-load" for the Embassy CO to look at prior to the interview.

Edited February 1, 2013 by baron555

[erynaught 43]

The I-601 is gong to be a real headache. An explanation of what happened that day, even if believed and accepted whole heartedly by the consular officer, is not going to get approval of the I-601. You will need to demonstrate extreme hardship to the US citizen sponsor and family separation by itself does not meet the burden. You will need to educate yourself fully and get a couple of good legal consults - and stay away from the lawyers who specialize in filling out visa applications and springing illegals out of motor vehicle violations - I-601 is getting into territory where you need special, competent knowledge - hence why you should seek out a second and third qualified opinion.

Even IF you get the waiver, she can still be denied entry by the official at the POE who has final say in whether she comes through the border or not. And they can be fickle.

To be honest, it'll probably take most of the five years to get her here with the waiver and everything else. Probably better if u can move overseas for awhile, or if you live near the Can/Mex border, set her up in one of those countries (legaly, of course) and visit often. If u really love her, its going to take time and patience and money.

[san diego 407]

You know, I usually give good advice. I recommended you to meet your fiancee in Mexico. Just like I did for 3 months (even though I met her before 5-6 times in Europe). Never in these 3 months I had glimpse of idea to bring her to US.. Our apartment was 3 miles from the border for me being able to easily cross the border to go to work every day. NOW, aside from the fact that you shouldn't of done it (what is done is done) my recommendation is:

1) Don't listen to anyone here. Advices here are good under normal circumstances. Under your circumstances you need a GOOD attorney. Proceed with caution. Don't do anything else without the attorney. You done already enough.

2) Get a really good attorney with track record. If you do the right thing, attorney writes full explanation of what happened in the waiver, all documentation is good anf correct, you should BE FINE. The way attorney explains things and how he/she files documentation and timeliness of it is absolutely crucial. Just do it.

3) Let me know if you need a good attorney, I have one in San Diego that I can recommend. If you need info let me know.

[Donna & Paul 4]

I have no advice as to what you should do. What I can tell you is that my husband is from the UK, we had some extenuating circumstances and decided to seek legal counsel. There is an excellent attorney in the UK who is a former US Immigration Officer at the London Embassy. He knows his stuff and will not charge you an arm and a leg to tell you if he can help you and what your options are. If you would like his contact information I can pm that to you. We felt he was well worth our money and very knowledgeable. He guided us very carefully through this crazy maze.

Edited February 1, 2013 by Donna & Paul

[san diego 407]

I can't think of many places more romantic than Ciudad Juarez.

You know, you need to know the full story before making conclusions. This was the only chance for them to meet, so what?

[Cathi 5,684]

To the OP, I just wanted to say that I read your other thread. In one of your posts you mentioned that the purpose of the K-1 visa is to and I quote your words "This is a fiance visa so therefore no physical contact is needed. That is why they also give you 90 days once she is here for you to marry her to be sure that this is what you want." This is not true. A fiance visa is to bring your fiance here to get married, not to get her here so you can get to know each other to figure if you are compatible and want to get married. You MUST get married within the 90 days. The government does not issue visas so you can simply get to know someone. I am surprised how many times I read this from members Also, you said there is no physical contact needed before filing and I just wanted to put this out there to others who may read(I know you have since met her, so therefore it no longer pertains to you), You absolutely DO have to meet physically within 2 years prior to filing a K-1. I just wanted to clarify this. Good luck with whatever happens.

Edited February 1, 2013 by mimolicious

[san diego 407]

I have no idea what this guy even thought there was to ask about. She was denied a visa, they were not going to go shopping in the US, and this never should have occurred to them as an option period, regardless of what some guy at a hotel suggested. This was just playing with snakes and they got bit.

If you have nothing constructive to say don't post. OP is not asking for opinions. He is asking what to do moving forward. Just simply trying to rub it in and getting pleasure from it tells a lot about your level of satisfaction with life..

[Bill and Tanya 18]

To the OP, I just wanted to say that I read your other thread. In one of your posts you mentioned that the purpose of the K-1 visa is to and I quote your words "This is a fiance visa so therefore no physical contact is needed. That is why they also give you 90 days once she is here for you to marry her to be sure that this is what you want." This is not true. A fiance visa is to bring your fiance here to get married, not to get her here so you can get to know each other to figure if you are compatible and want to get married. You MUST get married within the 90 days. The government does not issue visas so you can simply get to know someone. I am surprised how many times I read this from members Also, you said there is no physical contact needed before filing and I just wanted to put this out there to others who may read(I know you have since met her, so therefore it no longer pertains to you), You absolutely DO have to meet physically within 2 years prior to filing a K-1. I just wanted to clarify this. Good luck with whatever happens.

That was actually a quote I made from something a lawyer told me. I had since started doing my own research, and lost faith in what lawyers were telling me. The next day this lawyer asked me for a $3000 retainer to get started, so I believe they will tell you whatever they think you want to hear just to extort money from you.

I think it is sickening how many people seek to profit and pillage from those of us simply in love and wanting to build a life and family with someone. Those of you just meeting your significant other and starting this process can sympathize with me. Those that have managed to be married for many years or did not go through very much to get where they are cannot understand how used we feel.

[StarGirl 13]

Immigrate2us.net has tons of information about waivers. Also, there you can find names of trusted immigration attorneys who specialize in this part of immigration law. I personally would consider giving two or three of such lawyers a call to hear their opinions. Some of them are giving free first consultation so you can get a clear vision of your situation and act accordingly.

I hope everything works out for you.

[san diego 407]

Immigrate2us.net has tons of information about waivers. Also, there you can find names of trusted immigration attorneys who specialize in this part of immigration law. I personally would consider giving two or three of such lawyers a call to hear their opinions. Some of them are giving free first consultation so you can get a clear vision of your situation and act accordingly.

I hope everything works out for you.

I agree. Try several attorneys. But check their references first. Don't use any information or advices on ANY web sites.

[Cathi 5,684]

If you have nothing constructive to say don't post. OP is not asking for opinions. He is asking what to do moving forward. Just simply trying to rub it in and getting pleasure from it tells a lot about your level of satisfaction with life..

I agree, the OP asked time and again that people please refrain from passing judgement. As members of this community we all have a common goal, to be with our loved ones, legally here in the US. The OP has come here, more than once asking for advice from members who have been through a similar situation. He has put out details that I am sure he does not want to share, but in order to be with the woman he loves, he did share those details. I know that when I joined this site, it was because I had questions that I needed answered, answers that I was unable to get anywhere else, And I, like the OP, consulted an attorney before I began the process and was given erroneous advice. I decided to not use an attorney and brave the process by myself. I made it through the USCIS stage alone and my husband's I-130 was approved without an RFE. At that point I thought the process was almost over, I though that an approved I-130 was the same as an approved visa application and the only step left would be a simple Q&A at the embassy for my husband. Boy was I in shock to find out that was not the case. Once I figured out from reading the hard copy of the NOA2, that there was the NVC stage, and then a not so simple Q&A at the consulate, I found visa journey. This site has been for me, and many many others, an invaluable source of reliable information, both from the guides and from the advice of experienced members. Although I don't have any advice for the OP's situation, I do wish him the best. Just keep in mind that all of us have the same common goal, to be reunited with the people we love, don't pass judgement.

[CanadiaGirl 10]

I am sorry for what has happened. As you said what's done is done. Hopefully your story can serve as a lesson for others. In any case it would have sucked to be in the position you both were in after making the mistake to cross. It seems like a nightmare and I honestly think the best thing to do is to seek an attorney. Most of the time it is suggested to do it on your own when the cases are more of a 'typical' scenario. As soon as you get into specialty cases I think that's when the "I can do it myself" stops and when "I need an attorney" starts. Normally I'd tell people going through this process to DIY but as soon as something like this happens it's not so 'typical' or 'normal'. I just don't feel comfortable giving any sort of advice on what to do to move forward. Other then seek legal counsel.

I wish you all the best and hope that this is all a distant memory when you're finally together.

[LSnBigBear 61]

Sorry to hear about your ordeal. It is very customary for foreigners to get a Cenral/S. American Country Visa from countries like Russia & others that are on the high US immigration fraud list where they enter from south of the boarder illegally. You cannot fault the boarder and immigration agents as everyone is suspious until proven innocent. I have traveled to 15 countries and the Juarez-El Paso boarder is the most stressful I have ever been through.

Due to the above Mexico has cracked down on Visas for European and Asian travelers due to their joint effort with the USA on illegals.

in your case my suggestion is obtain an immigration Attorney and explain what transpired along with all of your paperwork given at the boarder. Let him go to work for you. You will likely be unable to accomplish as much and as timely on your own. I do not like Attorneys for simple Visas. But now your situatution warrants the experience they have.

Good luck

[Dr. Obvious 49]

If you have nothing constructive to say don't post. OP is not asking for opinions. He is asking what to do moving forward. Just simply trying to rub it in and getting pleasure from it tells a lot about your level of satisfaction with life..

LOL. No, I have read this guy's other threads/posts. Altogether, it is an unusual tale. Not as bad as the asylum from France one, but...yeah. Besides the second post wasn't even in response to him directly, rather to another poster about how the ebil gumbermint could be so mean. I stand by what I said either way. In the future, think not to sweep lower than my own level. I never personally insulted the OP, rather simply questioned his vacation spots, but you just did me. Good for you for teaching me a lesson about manners.