Tourist visa got cancelled, deported of overstay, have a US citizen baby, what to do next ?

[Momandbaby2016 0]

Hello,

Need advice. I got denied from entering th US, after I landed, because I over stayed for one month last trip so I was there detained with my 7-month old baby, then deported to leave on the eat flight next day. Got 5 year ban. Officer told me I need to file the waiver and then the right kind of visa. He said immigrant or k-1?

Background: My boyfriend is us citizen, lived in my country for 7 years before going back in 2014. We dated and lived together since 2010. I was in the USA last trip in 2015 and delivered a bay so she is a us citizen.

here are the questions.

1. Now I am back to my country, the boyfriend said he would come asap once we learn and know what to do next.

Should we get engaged and married first then file. I 601? To show out sincerity?

2. Should we not married and just file for k1? And that has to be after waiver is granted?

3 there is field office in my country, would th adjustment and decision be done in office at embassy here or it would be sent to the center in usa?

4. I'd go to see officer at embassy to get more instruction but not sure if they would suggest the best route for us concerning to the time that it might take. I read from this site and seems people said that k1 would take much longer than marriage visa.

5. About the waiver, and to prove the extreme hardship. Is there an interview or only paper submission? Would meeting in person help? How long usually waiver is being granted? Or is it often when the forgiveness is not granted?

6. Do you think I shoud do this myself or its a hard one and should use an attorney.?

Thanks so much,

Mom and baby

[Pinkrlion 2,724]

What country?

[Merrytooth 5,748]

And may I ask who paid for your child birth here in US?

[Transborderwife 4,666]

And may I ask who paid for your child birth here in US?

Oh goodie it's our lucky day! A second one!

OP are you certain about the 5 year ban?

Edited April 26, 2016 by Transborderwife

[Anitafeliz 1,133]

5 yr ban is just that . You have to wait it out or hire and attorney who will prob charge you lots and prob can't help you. I hope you didn't have the baby on our dime.....

Oh goodie it's our lucky day! A second one!

OP are you certain about the 5 year ban?

What are the chances ?? Edited April 26, 2016 by Anitafeliz

[JFH 12,191]

Why the rush to live in the USA? Why can't your boyfriend move to your country? I assume he doesn't have a ban there so it would be simpler. Why create more problems?

[Alaska2012 462]

Where are you from?

[newacct 688]

The 5-year ban you have is a 9A ban, for being removed. The way to overcome this ban for immigrating (if you want to do it within the 5 years) is by applying for permission to reapply with I-212. Hardship is not required.

Spousal visa or Fiance visa are both possible, and in either case you would need to do I-212 as part of the process.

p.s. You were removed not because of "overstay". Rather, the overstay voided your visa, and you were removed because you didn't have a valid visa to enter.

Edited April 26, 2016 by newacct

[Cathi 5,784]

did you have the baby on the US taxpayers dime, aka Medicaid?

Edited April 26, 2016 by mimolicious

[Unlockable 7,315]

Another? Or is this the same one?

Interested in the status of the medical bill also.

OP,

If you have an outstanding medical bill (via Medicaid) it may have to be satisfied prior to moving forward with your immigration.

[newacct 688]

Another? Or is this the same one?

Interested in the status of the medical bill also.

OP,

If you have an outstanding medical bill (via Medicaid) it may have to be satisfied prior to moving forward with your immigration.

I don't see any basis to deny a visa for any bill or Medicaid use. But of course consular officers can deny arbitrarily with no recourse.

Edited April 26, 2016 by newacct

[aaron2020 11,651]

Let's just talk about the law and regulations.

Look up likely to be a public charge. That should be enough law and regulations on why she will not qualify for another visitor visa.

[aaron2020 11,651]

Hello,

Need advice. I got denied from entering th US, after I landed, because I over stayed for one month last trip so I was there detained with my 7-month old baby, then deported to leave on the eat flight next day. Got 5 year ban. Officer told me I need to file the waiver and then the right kind of visa. He said immigrant or k-1?

Background: My boyfriend is us citizen, lived in my country for 7 years before going back in 2014. We dated and lived together since 2010. I was in the USA last trip in 2015 and delivered a bay so she is a us citizen.

here are the questions.

1. Now I am back to my country, the boyfriend said he would come asap once we learn and know what to do next.

Should we get engaged and married first then file. I 601? To show out sincerity?

2. Should we not married and just file for k1? And that has to be after waiver is granted?

3 there is field office in my country, would th adjustment and decision be done in office at embassy here or it would be sent to the center in usa?

4. I'd go to see officer at embassy to get more instruction but not sure if they would suggest the best route for us concerning to the time that it might take. I read from this site and seems people said that k1 would take much longer than marriage visa.

5. About the waiver, and to prove the extreme hardship. Is there an interview or only paper submission? Would meeting in person help? How long usually waiver is being granted? Or is it often when the forgiveness is not granted?

6. Do you think I shoud do this myself or its a hard one and should use an attorney.?

Thanks so much,

Mom and baby

You abused the system and became a public charge. US taxpayers paid for you to have your baby in the US. This was a violation of your visitor visa.

Get marry, file for your immigration visa, the visa will be denied because of your ban, and then file for your hardship waiver.

Have your boyfriend come in here and study the Guides. No one is going to provide you with answers until you do some basic reading to help yourself because this is a do-it-yourself website. Come back with your questions after you do your research by reading the Guides.

[newacct 688]

Look up likely to be a public charge. That should be enough law and regulations on why she will not qualify for another visitor visa.

When considering public charge, they are not allowed to consider Medicaid (except long term care), hospital bills, WIC, Food Stamps, etc. Public charge can only consider public cash assistance, and institutional long term care.

Also the OP is asking about immigrating, not a visitor visa, which can be denied for immigrant intent.

[Alaska2012 462]

What is up with all these women flying around just before they are about to pop?!? I could barely reach my feet at that stage screw flying around!