Visa Denied! :(

[Michele1003 12]

I will more than likely just go to Mexico and be with him. I have already lived in Mexico for two years to be with him. We have a child together so finding someone else isn't an option.

[Jawaree 717]

You cannot apply for a waiver of a 9C bar until ten years have passed from the most recent departure from the US. In this case the OP's fiancé will not be able to apply for the waiver until 2020.

No U cannot and there's no getting around it, If one does not know they should not post

false hopes about hardships & depressions....its the law, there's no waivers DOS has said it

OP don't spend anymore money with atty, as I say a good option would be to move on the

border and gain US employmentso U can be with hubby, because its gonna be a long wait...and

waivers are discretionary,Many moved to border towns waiting out bans....best wishes

Edited January 16, 2014 by Jawaree

[Aztec&Taino 144]

I think it was a waste of time and money for you to have sent the K1 petition. Of course he wouldn't be granted the visa! Living in Mexico with him could be a choice for you in order to "wait out" the ban. Or like others have suggested, visit as often as possible... Best wishes in whatever steps you wish to take from here on out!

[rylforever 18]

I will more than likely just go to Mexico and be with him. I have already lived in Mexico for two years to be with him. We have a child together so finding someone else isn't an option.

I actually love it there in Mexico and wish I could go more often. I wish you and your family the best!

[David & Diana R 1,005]

I have talked to a lawyer about this cause he" thought" my boyfriend overstayed his last visa. Anyways the only way around that is you Have to go to his country and marry him. Then come back to the USA and petition for him here. You MUST prove extreme hardship without him here. Depression, maybe he is the breadwinner of the family you may have to see a doctor to claim depression for him not being here, etc...

Sounds like more advice on VISA fraud. I would not do this.

[Boiler 44,825]

Sounds like more advice on VISA fraud. I would not do this.

No mention of Credit Cards.

[Jawaree 717]

No mention of Credit Cards.

LOL H a ha (home with flu---bored)

[Nawlinshoney 7]

You cannot apply for a waiver of a 9C bar until ten years have passed from the most recent departure from the US. In this case the OP's fiancé will not be able to apply for the waiver until 2020.

I disagree. No need for a waiver after they are married. I have talked to 2 different lawyers about this and they both have said the same thing. After you go to the fiancées country you can marry them there. Come back to the USA and file for a CR1 ( Do not quote me I would have to look it up) petition. But she/he does have to claim extreme hardship without the other person in order for them to come to the USA.

[Hypnos 6,576]

You are mistaken and do not fully understand how a 9C bar works.

http://www.uscis.gov/sites/default/files/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html#0-0-0-1841:

INA 212(a)(9)©(i)(I):

"An alien, who is inadmissible under section 212(a)(9)©(i)(I) of the Act is permanently inadmissible; however, after having been outside the United States for at least ten (10) years, he or she may seek consent to reapply for admission pursuant to section 212(a)(9)©(ii) of the Act and 8 CFR 212.2"

Emphasis mine.

Edited January 17, 2014 by Hypnos

[Cathi 5,691]

I would save your money, call off the lawyer, and move on to someone that can be in the same country as you, and work, etc. I know the heart wants what the heart wants, but you have to be logical about it too. If you can't even have this guy in the country, and I assume you wouldn't move to Mexico, what's the point? Have a good cry for a couple of weeks and find yourself an American, although harsh, is my unsolicited advice.

is his a joke???????? She has a child with this man. Would you leave the father of your child? The circumstances aren't the best, but they can be overcome if she moves there. SMH

[Cathi 5,691]

I disagree. No need for a waiver after they are married. I have talked to 2 different lawyers about this and they both have said the same thing. After you go to the fiancées country you can marry them there. Come back to the USA and file for a CR1 ( Do not quote me I would have to look it up) petition. But she/he does have to claim extreme hardship without the other person in order for them to come to the USA.

you are wrong. the OP's fiance entered the US twice without inspection. There is NO waiver for his ban.None, zero, zip, NADA

[Hypnos 6,576]

As I stated above, there is a waiver available but you can only apply for it ten years after the most recent departure from the US.

[KayDeeCee 4,893]

I disagree. No need for a waiver after they are married. I have talked to 2 different lawyers about this and they both have said the same thing. After you go to the fiancées country you can marry them there. Come back to the USA and file for a CR1 ( Do not quote me I would have to look it up) petition. But she/he does have to claim extreme hardship without the other person in order for them to come to the USA.

No. Several people have stated why you were incorrect the first time. What Hypnos posted is spot on. Read the law posted pertaining to this. Getting married does not overcome any bars one may have from illegal entry to the US. If they were eligible for a waiver, then they would still be denied a K-1 or CR-1 and need the waiver to get the visa. In this case, they are not eligible for even filing a waiver until 10 years have passed. Find new immigration lawyers.

Edited January 17, 2014 by Jay-Kay

[RhettVoe 281]

Likely he has a 9C ban, which means he cannot even apply for a waiver for 10 years..without exception. That's what happens when our laws and borders are not respected.

[RhettVoe 281]

Of course, the OP could easily find an immigration attorney who will tell her otherwise...for $400 an hour...but ethics are not the strong suit of immigration attorneys.