Fiance illegally in country many years ago...

[AmGe 4]

Well I just recalculated time and it will actually be 9 years since he left. Again, it was voluntarily. Will a waiver be Needed or might it be a nonissue at interview?

[Harmonia 211]

Well I just recalculated time and it will actually be 9 years since he left. Again, it was voluntarily. Will a waiver be Needed or might it be a nonissue at interview?

He has a 10 year ban. It doesn't matter that he left voluntarily.

By the time you're done with everything, it probably will be close to 10 years. A waiver takes 6 months for approval. If I were you, I'd wait until the 10 years are up.

Did you already file the K-1? IMO he shouldn't bother going to his interview until his ban is up. If he goes, he will be denied even if he has 1 month left.

He'd be given the opportunity to file a waiver, which takes about 6 months to get a decision (approval/denial). Then, assuming its approved, he'd need a 2nd visa interview. I just don't see the point.

A waiver isn't just a form. Its a comprehensive package showing you, the Us citizen, would experience extreme hardship if you have to live apart, and showing why you can't live in Mexico. I really doubt you'd get a waiver with a year or less left on a ban. It also costs $585 to file.

Edited April 19, 2016 by Harmonia

[AmGe 4]

Thanks for the response. We just started the K1 process and received the NOA1 the other day.

[caliliving 606]

He has a 10 year ban so you should wait for that to be over.. but i am not sure if because he entered illegally that means he has a lifetime ban?? since he entered without inspection.

Edited April 19, 2016 by caliliving

[newacct 688]

He has a 10 year ban so you should wait for that to be over.. but i am not sure if because he entered illegally that means he has a lifetime ban?? since he entered without inspection.

Nope.

A 9C ban would only be if he accrued at least one year of unlawful presence and then entered illegally, or he was deported and then entered illegally. Since they said he has only been to the US once, that is not the case.

[caliliving 606]

Nope.

A 9C ban would only be if he accrued at least one year of unlawful presence and then entered illegally, or he was deported and then entered illegally. Since they said he has only been to the US once, that is not the case.

Awesome that is good for the OP! wait for the 10yr ban to be up and you are good to go:)

[AmGe 4]

Thanks all! We have been talking about when he left the country. He was married at the time to a Costa Rican and they flew back to her country. He doesn't recall any type of interrogation. So, it makes wonder if his exit was even documented.

I really do appreciate everyone's feedback.

Edited April 20, 2016 by AmGe

[newacct 688]

Thanks all! We have been talking about when he left the country. He was married at the time to a Costa Rican and they flew back to her country. He doesn't recall any type of interrogation. So, it makes wonder if his exit was even documented.

I really do appreciate everyone's feedback.

The US doesn't have exit checks. It's normal that he didn't have any interaction with the US government when he left the US. He can use evidence that he entered another country as proof he left the US.

[caliliving 606]

The US doesn't have exit checks. It's normal that he didn't have any interaction with the US government when he left the US. He can use evidence that he entered another country as proof he left the US.

I agree... when he re-entered mexico does he have a receipt, bill ect? something to show a date he left the USA. I am not sure how much of a big deal it will be, but you may want to search in the right corner how to prove you left the usa with no border check. i know canadians have gone through the same thing as well and have had to show domestic flights/bills/rent ect.

Thanks all! We have been talking about when he left the country. He was married at the time to a Costa Rican and they flew back to her country. He doesn't recall any type of interrogation. So, it makes wonder if his exit was even documented.

I really do appreciate everyone's feedback.

oh I missed this! can he show that he went to costa rica? or traveled with her? even showing he married her in CR on a specific date will prove he was not in america. You will be fine, but you will probably just need a pice of information to show he was not in america:)

[Harmonia 211]

He can do a FOIA to request his plane record from CBP. That will be documented.