Is a K-1 the best route for me? Removed under 212 a 7 i I

[Misterlost 0]

Hello!

I have a USC fiancé that I met on the states when I was under a B1 visa, for which I overstayed. Never worked, never studied, never used health services, never used aid programs. We have plenty of proof of our relationship and she makes more than enough for the affidavit of support. What happened was that I left the country as a bachelor's trip and when I came back I was found inadmissible, got sent back and got 212 a 7 i I written on my visa and passport. From what I gather I was expeditedly removed, and on the files I was given I was told I have a 5 year ban. I was never given the option of a voluntary departure or to withdraw my application for entry. Now we were wondering about which would be faster and more likely to get a K-1, K-3, or CR-1. We had planned to marry, move in together and fix my papers. From my research I've learned that a K-1 is the fastest way for me to get back with her, but I also think I may need a waiver. Looking up my reason of removal led me to several sites saying I need a 212 or 601 waiver, but none mention my reason. Instead they cite 212 a 9, which is very different. More research sent me to some places that mention a 212(k) waver that's granted at the POE under the discretion of the border officials. We'd like to do it all ourselves, I'd be likely paying for most if not all, and being in Mexico makes just the filing fees to be really hard to pay and a lawyer would be really impossible to pay with my savings or whatever money I make while I'm here.

I'm 21 and she's 24, if that changes anything.

Any help will be very much appreciated. Thank you!

[belinda63 3,038]

How long did you overstay?

[Misterlost 0]

How long did you overstay?

According to the documents given to me, 2, 3 and 5 months. So, 10 months total. I did exit, but it was not recorded when I exited and re-entered because I did so by land, so legally for them, 10 months overall.

[neoblast 138]

You will be required to fill a waiver no matter what you do. K visas are a bit faster to process and adding a few months to adjudicate your waiver. you are looking at almost 2 years but I am not a lawyer so take it with a grain of salt.

The law states: (A)(7) Documentation requirements.

(A) Immigrants.

(i) In general. -- Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) or

(II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible.

(ii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (k).

[Misterlost 0]

You will be required to fill a waiver no matter what you do. K visas are a bit faster to process and adding a few months to adjudicate your waiver. you are looking at almost 2 years but I am not a lawyer so take it with a grain of salt.

Which one do you think will be faster, a K-1 or K-3? We can marry when she visits me in a few months.

Also, does the waiver need to be filed before I start the whole process, during, or when indicated?

Thanks for your input!

[Jawaree 717]

Marry when she gets there and she petition you on return ,you can wait an extra

3-4 mths as a spouse, and don't worry about adjusting of start working upon arrival

[belinda63 3,038]

K-1 is fastest, K-3 is pretty much dead so if you get married it would be the CR-1. She files the petition, wait a while, goes to NVC where there is more processing if it is a CR-1 or flies through if it is a K-1, goes to the embassy, you have the interview, you are denied, she/you file the waiver, wait a while, if the waiver is approved the visa is issued. About two years give or take from start to finish.

[Misterlost 0]

Marry when she gets there and she petition you on return ,you can wait an extra

3-4 mths as a spouse, and don't worry about adjusting of start working upon arrival

That is true. Thank you for your input!

K-1 is fastest, K-3 is pretty much dead so if you get married it would be the CR-1. She files the petition, wait a while, goes to NVC where there is more processing if it is a CR-1 or flies through if it is a K-1, goes to the embassy, you have the interview, you are denied, she/you file the waiver, wait a while, if the waiver is approved the visa is issued. About two years give or take from start to finish.

So, I get denied and we file the waiver, once approved I get the visa, or do I have to go back to the embassy and do the whole process again? Not that it would change my mind about it, but it'd be nice to know and to save money accordingly.

[newacct 688]

7A just means you were inadmissible because you didn't have proper documents to enter (because your visa was void because you overstayed). It's not a "ban" -- it is only about that particular time.

The "ban", i.e. the reason you cannot enter afterwards, is because of 9A. You were removed upon arrival, leading to a 5 year ban (for the first offense).

If you wish to enter during the 5 years, a 9A ban can be overcome with an I-212 permission to reapply.

Other people asked you how long you overstayed, because you might also have a 9B unlawful presence ban. You said "2, 3 and 5 months" but I don't understand what that means. Did you overstay on 3 separate trips? It's unlikely they would have let you in if you've already overstayed, so I don't think that's it.

[Misterlost 0]

Did you overstay on 3 separate trips? It's unlikely they would have let you in if you've already overstayed, so I don't think that's it.

Technically, yes. I did leave within my 6 months and re entered, but apparently I never left for long enough. From what I was told I think a "legal departure" has to be of at least 30 days. I left for a couple weeks thinking that would reset my 6 months. I have no idea why they let me in the other times, maybe because I had a good record before. Isn't 9b for when you overstay more than a year (collectively)? If so, that wouldn't apply to me. In any case, you've been extremely helpful on naming why I need the I-212 waiver. That settles a lot of questions I had. One more, do I apply for this before I start the process, or once I get denied because of the ban?

Thank you!

[newacct 688]

Technically, yes. I did leave within my 6 months and re entered, but apparently I never left for long enough. From what I was told I think a "legal departure" has to be of at least 30 days. I left for a couple weeks thinking that would reset my 6 months. I have no idea why they let me in the other times, maybe because I had a good record before. Isn't 9b for when you overstay more than a year (collectively)? If so, that wouldn't apply to me. In any case, you've been extremely helpful on naming why I need the I-212 waiver. That settles a lot of questions I had. One more, do I apply for this before I start the process, or once I get denied because of the ban?

Thank you!

9B is if you accrue 180 days / 1 year of unlawful presence, and then leave the US, you have a 3-year / 10-year ban. Unlawful presence for 9B is per stay, and you have not accrued 180 days of unlawful presence on any single stay. So you don't have 9B.

There is no such thing as a "legal departure". If they let you in, and gave you an I-94, then you do not accrue unlawful presence until the I-94 expires. It doesn't matter how long it was since you last left. They don't have to let you in, or they can let you in but give you a short time. But whatever period they gave you is how long you can stay.

[KayDeeCee 4,893]

Exactly. To receive an actual bar for overstay, the overstay must be at least 180 days consecutively. They don't add up overstay from several different entries when calculating for a time bar.

http://www.state.gov/documents/organization/87120.pdf

...

b. Neither of the INA 212(a)(9)(B)(i)(I) (180+ days but less than a year) or INA 212(a)(9)(B)(i)(II) (one year+) time frames is cumulative, across trips. The unlawful presence must occur in the same trip to the United States, and periods of unlawful presence accrued on separate trips cannot be added together. However, separate periods of unlawful presence occurring during the same overall period of stay (e.g., unlawful presence before and after a period of voluntary departure) should be added together to calculate total unlawful presence during a particular stay.

c. Both provisions are triggered by departure from the United States, and the bar against reentry applies from the date of departure.

[TBoneTX 45,312]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is considering visa paths. ***

[NigeriaorBust 4,087]

When you left did you go back to the UK or just hop into Canada/Mexico and come back. Leaving to Canada/Mexico doesn't always reset the clock the exact way that going to the UK would. Waivers are rarely a do it yourself thing so budget for a lawyer.

[Boiler 45,533]

When you left did you go back to the UK or just hop into Canada/Mexico and come back. Leaving to Canada/Mexico doesn't always reset the clock the exact way that going to the UK would. Waivers are rarely a do it yourself thing so budget for a lawyer.

Incomplete information so it does become a guessing game, isn't he Mexican?

I 212 if that is all it is can be filed now, if a I 601 is involved better to file them together.