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sherafour

Fiance with previously overstayed visa

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

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belinda63 Experienced

belinda63   3,039

Posted
Filed: Citizen (apr) Country: Iran
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You have to wait until the visa is denied to submit the waiver. An I-601 waiver is not just a form. It is a packet which proves it would be an extreme hardship for you, the USC, to not have your fiancé immigrate to the US and why you cannot move to live with him. You need to provide specific reasons and supporting evidence.

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MacUK
MacUK

Mostly true, he was an innocent kid when he was taken to the US. When he turned 18 he was responsible for his own actions.

Soul Froosh
Soul Froosh

So he was supposed to be self aware of his situation, having been schooled and given a home somewhere by his parents in a state of innocence, to suddenly take charge of the situation and deport himsel

Soul Froosh
Soul Froosh

Knowing he was "illegal" is one thing (I'm not denying that), but being able to get on a plane at the age of 18 (cost?) and crash-landing somewhere with no home (?) is another. As you mentioned in a

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Waivers are complicated. Do not attempt one on your own.

It is WAY more than a simple form to fill out. Head over to immigrate2us.net and see what they say about waivers.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Soul Froosh Contributor

Soul Froosh   31

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Fill out?

Prepare would be a better term.

lel mate. Keep correcting them - this place is hilarious.

OP, this forum can sometimes make a mountain out of a molehill.

USCIS aren't always heartless bastards. He was an innocent kid with no say in where he lived.

Get some professional legal advice.

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

USCIS aren't always heartless bastards. He was an innocent kid with no say in where he lived.

Get some professional legal advice.

Mostly true, he was an innocent kid when he was taken to the US.

When he turned 18 he was responsible for his own actions.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Soul Froosh Contributor

Soul Froosh   31

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Mostly true, he was an innocent kid when he was taken to the US.

When he turned 18 he was responsible for his own actions.

So he was supposed to be self aware of his situation, having been schooled and given a home somewhere by his parents in a state of innocence, to suddenly take charge of the situation and deport himself, because he "turned 18"?

Kids (or even the general public) aren't even aware of visa/immigration situations. A child will always take his life w/ parents as his home, without conditions.

Boiler Grand Master

Boiler   45,665

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Kids (or even the general public) aren't even aware of visa/immigration situations. A child will always take his life w/ parents as his home, without conditions.

I guess that is why they get a pass until they turn 18 and are an adult.

Similar with the criminal system.

Bearing in mind he could not have been doing things many 18 year old's do, drive, get a job then I think he knew.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

So he was supposed to be self aware of his situation, having been schooled and given a home somewhere by his parents in a state of innocence, to suddenly take charge of the situation and deport himself, because he "turned 18"?

Kids (or even the general public) aren't even aware of visa/immigration situations. A child will always take his life w/ parents as his home, without conditions.

What do you propose the appropriate age to be then ? 21 ? 33 ? 70 ? Or just as soon as one moves out of parent's house ?

christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

Read up on waivers... He will fall under the bans but with the appropriate waiver,it can be overcome...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Soul Froosh Contributor

Soul Froosh   31

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted (edited)

What do you propose the appropriate age to be then ? 21 ? 33 ? 70 ? Or just as soon as one moves out of parent's house ?

lel, you guys...

Sometimes I wonder if I'm talking to a bunch of border control officers on their lunch breaks.

Well actually in some cases someone above 18 but below 21 is still classed as a "minor" (in the context of some laws, ie alcohol)

Although I wasn't debating age. My point was about a person conditioned to believe his home is his home from a younger age.

The fact that he did eventually leave at a relatively young age might help his case. A lawyer could oversee some affidavits of support for him as proof of him leaving when he was able, to support their K-1 application.

Edited by Nick Loves Rosie
belinda63 Experienced

belinda63   3,039

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

The need for an I-601 waiver is cut and dried. It will be needed since he overstayed no matter the reason unless it was some sort of emergency like 9/11 where there were no flights. Now she will have to prove that is an extreme hardship to her if he is not permitted to immigrate AND that she cannot go live in his or another country with him.

In the US the day you turn 18 you become an adult. You and no one else are responsible for your actions. Committing a crime because you didn't know better is not an excuse. Not knowing the law is not an excuse. My mother told me.......is not an excuse. You are an adult at 18 and you have to accept responsibility for your actions.

Boiler Grand Master

Boiler   45,665

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

lel, you guys...

Sometimes I wonder if I'm talking to a bunch of border control officers on their lunch breaks.

Well actually in some cases someone above 18 but below 21 is still classed as a "minor" (in the context of some laws, ie alcohol)

Although I wasn't debating age. My point was about a person conditioned to believe his home is his home from a younger age.

The fact that he did eventually leave at a relatively young age might help his case. A lawyer could oversee some affidavits of support for him as proof of him leaving when he was able, to support their K-1 application.

Simple overstay is no biggie anyway, you still have to do it properly.

26 is the age for Obamacare.

OP did say he left at 19 to go back to his parents suggesting they had already left.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,665

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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