I-601 WAIVER UPDATES

[ricksme1983 3]

4 hours ago, markongo said:

Hi there, I need some advise here, 

My BF was deported in port of entry (expedited removal i guess)  for multiple entries in short period of time., he never overstayed his tourist visa, He was going back and forth because we met overseas and tourist visa was our first option to see where to go with the relationship...  CBP checked his phone and they found he was dating me and they advised him to ask me for the FIANCE VISA OR 1-130 petition. Long story short his Visa was cancelled and they put him on the next plane to his country. the only paper they gave him was the Record of sworn statement I-867 and they never handled him any discharge paper. We are getting married next January in his country in order to me to file a I-130 petition, we don't even know if we need to file only the i-212 or the i-212 and i601 together. Does anybody knows if people deported in port of entry (airport) get a paper showing the ground of inadmissibility ? is there anyway to know before the consulate interview if he really will needS a waiver? I would like to know before hand so we can be prepared to send it out right away.

if anybody can provide any little info it will be very appreciated.

This situation is about to kill us!

 

God bless you all

 

Hello,

         First thing is you have to file i130 after approval he has to face the interview and then the consular will let him know if he can file for i601 waiver or i212 before interview you cannot file any thing by yourself.good luck

[Boiler 45,486]

I 212 can be filed at any point.

[ricksme1983 3]

1 hour ago, Boiler said:

I 212 can be filed at any point.

Offcourse he can file waiver tooo but how he will know under which section and for how long he is inadmissible.only he can find out is appear for interview and consular will let him know under which section he is inadmissible and which waiver he can file or not.

 

[geowrian 22,337]

10 minutes ago, ricksme1983 said:

Offcourse he can file waiver tooo but how he will know under which section and for how long he is inadmissible.only he can find out is appear for interview and consular will let him know under which section he is inadmissible and which waiver he can file or not.

If application was allowed to be withdrawn, then there is no bar and filing an I-212 is not needed.

If he was issued an expedited deportation, a solo I-212 can be filed to waive the 5 year bar at any time.

If there is another inadmissibility involved (i.e. misrepresentation), then an I-601 would be needed (presumably along with the I-212 for being deported)  after otherwise being eligible for the visa. That's where you need to wait until after the interview to proceed.

Edited November 19, 2019 by geowrian

[markongo 8]

7 hours ago, ricksme1983 said:

Offcourse he can file waiver tooo but how he will know under which section and for how long he is inadmissible.only he can find out is appear for interview and consular will let him know under which section he is inadmissible and which waiver he can file or not.

 

I heard about filing I212 at any time, s but you are completly right, we don't even know if there is a 5 year ban ;(

[markongo 8]

8 hours ago, Boiler said:

I 212 can be filed at any point.

i heard that I-212 could be file once National Visa center issue a number to the petition. I guess in a half way of the process, the thing is we don't even know if there is a ban..

[markongo 8]

7 hours ago, geowrian said:

If application was allowed to be withdrawn, then there is no bar and filing an I-212 is not needed.

If he was issued an expedited deportation, a solo I-212 can be filed to waive the 5 year bar at any time.

If there is another inadmissibility involved (i.e. misrepresentation), then an I-601 would be needed (presumably along with the I-212 for being deported)  after otherwise being eligible for the visa. That's where you need to wait until after the interview to proceed.

Your answer is giving me a lot of hope,  my BF doesn't even know if his case was an expedited removal or application withdrawal, one of the lawyer I spoke to said that he supposed to receive a discharge paper (i think a green form) showing his inadmissibility,  he was treated well by the officers and they told him that his visa wasn't right for the type of visits anymore. he only got the record sworn statement 235 (b)(1) of the act . this happend on nov 2018 (1 year ago).

This is not being good for us, I started to have a lot of health issues because all of this.. stress became part of our days.. we can't wait to be together but I guess we still have a long path to go for.

 

I hope everyone can get their family together soon.

 

God bless all

 

 

[HRQX 4,145]

23 hours ago, markongo said:

We are getting married next January in his country in order to me to file a I-130 petition

Reminder that there is an online filing option for the I-130: https://www.uscis.gov/news/news-releases/uscis-makes-another-form-available-online-filing

[markongo 8]

1 minute ago, HRQX said:

Reminder that there is an online filing option for the I-130: https://www.uscis.gov/news/news-releases/uscis-makes-another-form-available-online-filing

omg! thank you! this is a great news!!  I had a great experience with online filing!

[NeoGeo 0]

I met my friend in 2013 while I was still married. Divorced now. My lumbar spine is disintegrating, and I can't travel. I have my MRI reports, and a letter from my doctor saying I can't travel the two days  there to see her. We want to marry. I'm preparing a K1 visa. I have proof that we met at that time, although I was married at the time. The same town that my ex grew up. They know each other, and were classmates.

what are my chances? I love her. Please give me some good news. I'm going to retain a lawyer. I've been supporting her and have those records. She never got an anullment, because she didn't have the finances, even though she hadn't seen her husband in over 19 years. She has her anullment now, and a Cenomar.

Edited November 21, 2019 by NeoGeo

[geowrian 22,337]

12 minutes ago, NeoGeo said:

I met my friend in 2013 while I was still married. Divorced now. My lumbar spine is disintegrating, and I can't travel. I have my MRI reports, and a letter from my doctor saying I can't travel the two days  there to see her. We want to marry. I'm preparing a K1 visa. I have proof that we met at that time, although I was married at the time. The same town that my ex grew up. They know each other, and were classmates.

what are my chances? I love her. Please give me some good news. I'm going to retain a lawyer. I've been supporting her and have those records. She never got an anullment, because she didn't have the finances, even though she hadn't seen her husband in over 19 years. She has her anullment now, and a Cenomar.

If you haven't met in person again within the past 2 years, then you must do so first. There is technically a waiver but I've only seen less than a handful of them approved ever. I wouldn't even consider trying for it unless literally every other option has been attempted first - including efforts for them meeting you, meeting in a 3rd country, traveling by other means, etc. They are extremely strict on the 2 years piece.

 

I'm confused by your last 2 sentences - she "never got an annulment" and "she has her annulment now". She has to be legally free to marry for the K-1 visa.

 

The fact that you first met while still married is secondary to the 2 items above.

[NeoGeo 0]

If I could travel, I'd be with her already. I'm seeing a pain management dr, and I'm disabled. 

I helped her with finances to get her anullment. 

She is free to marry now. It's just that I can't meet her in person. There's no way that she can travel to a different country. We have been corresponding for two years. 

If I have to, I'll go there, but they will need to carry me off the plane, and maybe arrest me for the pain medication that I'm bringing that I need to at least have a somewhat of a semi normal life. And, yes, it's your country. Oh, not America, but that's where I am.

Edited November 21, 2019 by NeoGeo

[geowrian 22,337]

6 minutes ago, NeoGeo said:

If I could travel, I'd be with her already. I'm seeing a pain management dr, and I'm disabled. 

I helped her with finances to get her anullment. 

She is free to marry now. It's just that I can't meet her in person. There's no way that she can travel to a different country. We have been corresponding for two years. 

If I have to, I'll go there, but they will need to carry me off the plane, and maybe arrest me for the pain medication that I'm bringing that I need to at least have a somewhat of a semi normal life. And, yes, it's your country. Oh, not America, but that's where I am.

So that's 1 hurdle gone - she is free to marry.

Why can't she travel either? What is her plan for traveling once she has the K-1 visa?

[NeoGeo 0]

People in the Philippines are not free to travel without a visa.

Of course I'd pay for her airline tickets, and marry her here, and go through the other processes once she is here. 

I married a Filipina before. In the PI. It ended 4 years ago.

I know the process once she's here, and we marry. It's getting her here, without going there. That's my problem. 

Edited November 21, 2019 by NeoGeo

[geowrian 22,337]

3 minutes ago, NeoGeo said:

People in the Philippines are not free to travel without a visa.

Obviuously. So has she tried to get a tourist visa? How many times and when? Did she try for nearby countries that you may be able to travel to, like Canada and Mexico?

To even have a slight chance for the waiver, USCIS will need to see that there is no possible way to meet in person and all avenues have been attempted until there is no more possibility of it happening.