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

[Boiler 46,048]

I really don't have much help, but i must say that this forum is usually used for helping others in our same position in which ever way we can and not judge. I'm surprised at all the mean spirited questions and comments you have received. I just joined a while ago and there are a ton of people willing to help without judging so don't focus on the ones who aren't helping but instead are being judgemental, ignorant and stereotyping. Good Luck!!!!!

I did not know that.

[Momandbaby2016 0]

Thank you, mpadilla ! ??

I have read a lot, and over here I was and am still thankful for some good people with knowledge and had shared their insight.

Update is that I have spoken to lawyer and would have to do what we have to do. Boyfriend will come over to get married, and then file for marriage visa, and waiver. Visiting me and baby for two weeks, Still I'm a little confused why we have to wait to do waiver after visa. Just to have visa denied first and then file for waiver?

Isn't applying waiver as a resolution responding to violation of tourist visa?

Hmm... will read more...

have a good day.

[Boiler 46,048]

Nothing to waive until you have a refusal.

[Momandbaby2016 0]

Hi Boiler, (or who else with knowledge might chime in..)

Need help to educate me

Since I got deported and then tourist visa was cancelled. Is the waiver that I will file going to resolve that and then I file for immigrant visa (either k1 or cr1)?

I talked worn a layer assistant, she said the process is to file for cr1 first and then after all the time to get called for interview, then the visa world be rejected, as expected, then file for waiver? Then back to filing for visa again?

Like waiting for a year to get in interview to be rejected?seemed like a lot of time wasted..and doubled process? Confusing..

A question.

1. In my case that I already have a child, then should I file for cr1 spousal visa and not fiancé visa?

If it's for my faith and tradition, I do want o get married first and file spousal visa.

But I read that fiancé visa would be faster on process?

2. A question is, with a baby, am I still electable for fiancé visa? Or should be spousal visa?

3. With a visa and waiver applications, it could be 1 - 1.5 years ?

My concern and desire is for my baby to have her father, she is very cute and now 8 months, her dad has missed seeing baby develoment and it's hard to imagine that he would miss a lot when the little one develoment and the fun time with baby.

For me actually I'm in no hurry to go back in the USA if it's not for the baby, I have a very good and close family here, and would be soon back to a very good job. Overall, my heart is heavy thinking of separation of father/ daughter.

Thanks so much !

Mom and baby

[Transborderwife 4,666]

The baby has nothing to do with your visa. If you're not married, fiancé if you are cr1. Simple as that. Yes, the lawyers assistant was right. Yes it'll possibly take 1-2 years to get the visa but you do the crime, you pay the time.

[Boiler 46,048]

You need to marry go for the spousal visa, unmarried for the K1, baby is irrelevant.

K1 is quicker.

You will not know for certain what waivers you need until the Consulate interview when they asses the situation. Deportation by itself is an I212 which can be filed any time.

[Momandbaby2016 0]

@transborderwife.

Thanks. And, understandable about the crime and time. Fair enough.

Just trying to figure out which route or what the best way to do now.

@Boiler

Thanks!

So I can file i212 as a start even before filing k1 or cr1?

And then do I need to wait for result from waiver before I apply for visa?

Then at interview, to be rejected,and if there would be other kinds of waivers indicated to be filed , then I just file more?

Would the case of visa application be pending after rejected, and to get waiver done? Then same case of visa to be continued?

Or the visa being rejected, then it is over and ended, then have to apply file visa again from the beginning after waiver granted?

(Sorry if I sound confusing! Because I'm confused, and thanks for being patient and helpful, really appreciate it.)

So from what you said, I still have options to either file fiancé or spousal visa..

Boyfriend is coming and willing to get marriage and file for spousal one. But if fiancé visa is faster and for him to get to reunite with baby sooner, then we wouldn't get married and just get engaged and file for fiancé visa...

Is that right?

[aaron2020 11,651]

Hi Boiler, (or who else with knowledge might chime in..)

Need help to educate me

Since I got deported and then tourist visa was cancelled. Is the waiver that I will file going to resolve that and then I file for immigrant visa (either k1 or cr1)? No. After your K1 or CR1 visa is denied, then you file to waive the ban so a visa can be issued to you; ergo Boiler's statement "Nothing to waive until you have a refusal."

I talked worn a layer assistant, she said the process is to file for cr1 first and then after all the time to get called for interview, then the visa world be rejected, as expected, then file for waiver? Yes. Then back to filing for visa again? No. You continue with the visa process once your ban is waived.

Like waiting for a year to get in interview to be rejected?seemed like a lot of time wasted..and doubled process? Confusing.. That's the way the system works.

A question.

1. In my case that I already have a child, then should I file for cr1 spousal visa and not fiancé visa? Once again, your child has nothing to do with this. You file based on your marital status. CR1 if you are married. K1 if you are not. Has nothing to do with the child.

If it's for my faith and tradition, I do want o get married first and file spousal visa. Your choice.

But I read that fiancé visa would be faster on process? For a regular case. You do not have a regular case. You have a better chance at a waiver if you are married.

2. A question is, with a baby, am I still electable for fiancé visa? Or should be spousal visa? Baby has nothing to do with this. Pick whichever visa fits your marital status.

3. With a visa and waiver applications, it could be 1 - 1.5 years ? Yes or longer.

My concern and desire is for my baby to have her father, she is very cute and now 8 months, her dad has missed seeing baby develoment and it's hard to imagine that he would miss a lot when the little one develoment and the fun time with baby.

For me actually I'm in no hurry to go back in the USA if it's not for the baby, I have a very good and close family here, and would be soon back to a very good job. Overall, my heart is heavy thinking of separation of father/ daughter. Baby is a US citizen, so you can send the baby to be with the father. Once again, the baby has nothing to do with you, your ban, you getting a visa, or waiving your ban.

Thanks so much !

Mom and baby

[Boiler 46,048]

If all you have is a deportation, then you need just the I 212 waiver.

Fairly uncommon to just need a solo I 212, usually most people also need a I 601.

I 212 can be filed now so that jump starts the process, but not worth it if you also need a I 601.

Major downside for the solo I212 is that it is dealt with by the PoE that deported you and timelines are all over the place.

With waivers, I always suggest you at least have a consultation with an experienced waiver lawyer, at least you then have a really good idea what you are up against. Too many cases where people have wasted time because there was something else they did not realise or did not mention.

[aaron2020 11,651]

It seems that you are still very lost after 6 pages of advice.

You should really consult with an experienced immigration lawyer.

[Momandbaby2016 0]

Thank you so much Boiler and Aaron2020.

Now today it's much clearer here, yes, been very lost.indeed!

Honestly I haven't checked this board since then when it was heated, half of six pages were hateful, silly, non-sense guesses and condemnations, some comments were very hurtful and hateful, it was dreadful to read, made me deflated for days.... some with knowledge and understanding were very helpful and informational. And I am very grateful.!

The past two weeks I have tried to contact two law firms here, due to a lot of public holidays so they had been out of touch but now just speeded up after holidays, hopefully I'd get to meet with them next week and decide on which one we would choose to ask them to help.

I'm feeling towards getting spousal visa, just want to do the right thing for baby, Do not want her to be a baby out of wedlock and to unmarried parents for very much longer, though the downside would be another six months of Separation.

Thanks gain

[Boiler 46,048]

Really your Fiancee should be getting this going, he is the one who will do most of the heavy lifting.

[Momandbaby2016 0]

True!