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MarryKate3

K3 visa after Voluntary departure & unlawful presence

By MarryKate3 in K-3 Spouse Visa Process & Procedures

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MarryKate3 Rookie

MarryKate3   0

Posted
Filed: Timeline
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Posted

hi

nope his ex wife is not a valid reason, the hardships are on you, the petitioner

they are usually related to sickness and health issues, financial reasons, educational, children from another marriage, caring for USC parents

check this website out, in the forum section, they have a lot of examples of hardship letters

www.immigrate2us.net

What do I need to type in on www.immigrate2us.net ???

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Boiler Grand Master

Boiler   45,465

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

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

Recommended lawyers

and read this:

http://immigrate2us.net/forum/showthread.php?39008-By-Laurel-Scott-All-About-the-I-601-Resources-for-Proving-Extreme-Hardship&p=1334752&viewfull=1#post1334752

“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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cocolucho Enthusiast

cocolucho   35

Posted
Filed: K-3 Visa Country: Peru
 Timeline
Posted

I am an American Citizen (I was born here, parents were born here, grandparents were born here, everyone was born here) I am currently engaged and pregnant by a Nicaraguan man. He is in deportation proceedings but his judge granted him voluntary departure under safe gaurd last week. I will then go to Nicaragua to marry him then start my petition.

He was living here unlawfully for more than 1 year & less than 2 years! I understand that he will be subject to a 10 year bar when he goes to the Visa Interview (I was hoping he wouldn't). Once I file the I-130 petition I want to then file the I-129 for a K-3 visa. I know he won't be back in time to see the birth of our daughter but I just wanted advise on whether or not he will be eligible for a K-3 visa after voluntary departure and after being in the US for more than 1 year. Can I send the waiver request WITH the K-3 (I-129) request. Or is the K-3 visa out? Will he need the unlawful presence waiver for a k-3 visa??? Please help me. I have many other questions also...

If your fiance has not been deported yet, could you get married and adjust? Have you consulted a lawyer about all legal possible options? You may be able to stop the deportation proceedings if you are married. Consult a lawyer. Good luck!

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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Boiler Grand Master

Boiler   45,465

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

The OP did not specifically say he entered without inspection.

“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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IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted

If your fiance has not been deported yet, could you get married and adjust? Have you consulted a lawyer about all legal possible options? You may be able to stop the deportation proceedings if you are married. Consult a lawyer. Good luck!

He has already been ordered for deportation. I wonder if they can do anything to change it. if they had done something before the proceedings then they would have avoided this problem.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

About 6-10 months for the I-130 approval, then he needs to be found inadmissible at his visa interview before he can file the waiver. Once filed, expect that to take about 4-6 months to be adjudicated.

Basically, budget around 18 months for the entire process; perhaps closer to two years if things don't go according to plan.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Cathi Veteran

Cathi   5,746

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

Thank you so much these links are very helpful. So step 1 is filing for the I-130... Should I just forget about the k3 :(

in order to even get a k3 you must FIRST file an i-130, a k3 is not a stand alone visa. Seriously, read the guides

:( in a rare God sent case, would a consulate ever excuse a 10 year ban? Also... have you ever seen an I-130 petition be less than a year? Also... Should we wait until the interview to file the waiver?

Ok thank you? Are waivers hard to get approved for? Are they more likely to deny it than to approve it?

there is no excuse for breaking the law. Now you have to deal with the consequences


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