5 year ban - file for waiver before i129f?

[JensJrny2Ray 367]

I wanted to give this thread an update... Thanks to the assistance from several very wonderful members here on VJ, I submitted request to have the order of removal vacated. Today I received word that the order has been vacated. Thanks to everyone who helped with this, and gave such constructive advice.

Now on to the K1 process!

Congratulations! Good luck with your K-1 process, I wish you speedy success!

[Bill and Tanya 18]

So now that I have a little more time, I wanted to go over all that happened during this process, in hopes that someone else will benefit. First, I would like to say thank you from the bottom of my heart to SandraNJ for all her wonderful help. She has been a godsend, and I owe my relationship to her.

Here is basically what was done since my original post. SandraNJ discovered for me that there is a method in place at each port of entry that issues a ban or Expedited Removal Order, called a request to vacate order of removal. This is a pretty lengthy process and included the following:

Request to Vacate Order - 3 pages

Copy of Passport - 3 pages

Expedited Removal Order - 16 pages

Letter from me briefly explaining the events - 1 page

Misc Supporting Documents - 10 pages

(the last included my own birth certificate, hotel receipts, airline tickets, and photos)

The entire packet was very much like a stripped down version of a K1 packet (33 pages in all), minus all the supporting evidence of ongoing relationship. But as it was explained to me was, the goal was to prove there was no intent to enter the US illegally, and show that the order was issued without just cause. Basically you are begging them to reconsider the order, and asking that it be vacated as if it was never issued. It is a long shot, but if you feel you have a strong case, and truly did no wrong, then it is worth a shot.

I personally hand delivered the packet to the watch commander, who promised to deliver the packet to the port director. The process after that is another bureaucratic waiting game, as was expected, however the watch commander explained that the request is meticulously reviewed by several people before approved or denied.

Anyway, if anyone has any questions, please feel free to ask.

[Sarah Elle-Même 660]

Wow! Very happy for you and your girl. Mistakes happen, especially when you're not that familiar with the rules and procedures. Glad to know in your case an honest mistake was forgiven. Not everyone is so lucky. Wishing you all the best with the K-1 petition.

[Sandra G. 5,047]

FrutradCitizen Congrats my friend.We did a good job together.It's very important in situation like yours to consult a lawyer. Many people here tried to help you, but her case was about removal and you must understand about removal proceedings in order to give any opinion or advice, otherwise you can screw up big time.

Edited March 23, 2013 by sandranj