Have any of you experienced this?

[kitkat1 5]

Thanks, that is for when you are adjusting status in the US then.

Right - but it's also unlikely to be an issue at the consulate level since they know it is forgiven by USCIS at AOS (and it's included on the original I-129F that would have been approved so it's not like they don't know about it - they just don't make it an issue).

[cd1111 0]

Thanks, that is for when you are adjusting status in the US then.

Right - but it's also unlikely to be an issue at the consulate level since they know it is forgiven by USCIS at AOS (and it's included on the original I-129F that would have been approved so it's not like they don't know about it - they just don't make it an issue).

Do you think it would have been better if we are married now and apply for spouse visa instead? How about if I have a ban for 5 years for previously working on a valid tourist visa? (Just asking...thanks)

[kitkat1 5]

Do you think it would have been better if we are married now and apply for spouse visa instead? How about if I have a ban for 5 years for previously working on a valid tourist visa? (Just asking...thanks)

If you are already facing a 5 year ban and need a waiver, it shouldn't make much difference because normally waivers are available to fiances or spouses of USCs. If the waiver requires a hardship letter, sometimes it's easier to prove hardship as a spouse, but that usually applies in cases where the non-USC was contributing to income and child-rearing while in the US and hardship to the USC is based on now not having them there. Cases where illegal work is forgiven via marriage is when the non-USC already has a valid visa and is in the country i.e. entered on a visitor visa, overstayed, worked illegally, married a USC, never left the country, and applied for AOS. If you are currently out of the country and know that you are ineligible for a visa for 5 years, whether you or married or not will not change this. What are the details of the ban? What does your lawyer say (I think I remember that you have a lawyer, right?)

[cd1111 0]

Do you think it would have been better if we are married now and apply for spouse visa instead? How about if I have a ban for 5 years for previously working on a valid tourist visa? (Just asking...thanks)

If you are already facing a 5 year ban and need a waiver, it shouldn't make much difference because normally waivers are available to fiances or spouses of USCs. If the waiver requires a hardship letter, sometimes it's easier to prove hardship as a spouse, but that usually applies in cases where the non-USC was contributing to income and child-rearing while in the US and hardship to the USC is based on now not having them there. Cases where illegal work is forgiven via marriage is when the non-USC already has a valid visa and is in the country i.e. entered on a visitor visa, overstayed, worked illegally, married a USC, never left the country, and applied for AOS. If you are currently out of the country and know that you are ineligible for a visa for 5 years, whether you or married or not will not change this. What are the details of the ban? What does your lawyer say (I think I remember that you have a lawyer, right?)

Yes, L.S. is helping us with the waiver and the K-1 process. We are just awaiting for the result of the I-212, and hopefully we'll get approved soon. I appreciate your information.

[kitkat1 5]

Do you think it would have been better if we are married now and apply for spouse visa instead? How about if I have a ban for 5 years for previously working on a valid tourist visa? (Just asking...thanks)

If you are already facing a 5 year ban and need a waiver, it shouldn't make much difference because normally waivers are available to fiances or spouses of USCs. If the waiver requires a hardship letter, sometimes it's easier to prove hardship as a spouse, but that usually applies in cases where the non-USC was contributing to income and child-rearing while in the US and hardship to the USC is based on now not having them there. Cases where illegal work is forgiven via marriage is when the non-USC already has a valid visa and is in the country i.e. entered on a visitor visa, overstayed, worked illegally, married a USC, never left the country, and applied for AOS. If you are currently out of the country and know that you are ineligible for a visa for 5 years, whether you or married or not will not change this. What are the details of the ban? What does your lawyer say (I think I remember that you have a lawyer, right?)

Yes, L.S. is helping us with the waiver and the K-1 process. We are just awaiting for the result of the I-212, and hopefully we'll get approved soon. I appreciate your information.

I still don't understand about your 212 in country filing. Were you deported? I know that in some cases it's an option to file in the country, but normal procedure is to file upon visa denial. Is there a reason you chose in country? It takes so much longer, it just seems like a strange decision. Wht about the illegal work - was that included?

[cd1111 0]

Do you think it would have been better if we are married now and apply for spouse visa instead? How about if I have a ban for 5 years for previously working on a valid tourist visa? (Just asking...thanks)

If you are already facing a 5 year ban and need a waiver, it shouldn't make much difference because normally waivers are available to fiances or spouses of USCs. If the waiver requires a hardship letter, sometimes it's easier to prove hardship as a spouse, but that usually applies in cases where the non-USC was contributing to income and child-rearing while in the US and hardship to the USC is based on now not having them there. Cases where illegal work is forgiven via marriage is when the non-USC already has a valid visa and is in the country i.e. entered on a visitor visa, overstayed, worked illegally, married a USC, never left the country, and applied for AOS. If you are currently out of the country and know that you are ineligible for a visa for 5 years, whether you or married or not will not change this. What are the details of the ban? What does your lawyer say (I think I remember that you have a lawyer, right?)

Yes, L.S. is helping us with the waiver and the K-1 process. We are just awaiting for the result of the I-212, and hopefully we'll get approved soon. I appreciate your information.

I still don't understand about your 212 in country filing. Were you deported? I know that in some cases it's an option to file in the country, but normal procedure is to file upon visa denial. Is there a reason you chose in country? It takes so much longer, it just seems like a strange decision. Wht about the illegal work - was that included?

I think only I-601 should be filed at the local DHS office after your visa denial. If I was required to file for I-601, I would have needed to refile my I-212 with the I-601. My I-212 is for working on a valid tourist visa.

[kitkat1 5]

My I-212 is for working on a valid tourist visa.

Why do you need it? Can't you skip it altogether knowing that once you have your visa and are married, it will be forgiven? Very confusing . . .

[cd1111 0]

My I-212 is for working on a valid tourist visa.

Why do you need it? Can't you skip it altogether knowing that once you have your visa and are married, it will be forgiven? Very confusing . . .

I was expeditiously removed upon re-entry on a valid tourist visa due to previous work. They gave me a 5 year ban. I am outside the US and only a fiancee.

[kitkat1 5]

My I-212 is for working on a valid tourist visa.

Why do you need it? Can't you skip it altogether knowing that once you have your visa and are married, it will be forgiven? Very confusing . . .

I was expeditiously removed upon re-entry on a valid tourist visa due to previous work. They gave me a 5 year ban. I am outside the US and only a fiancee.

Does that mean automatic denial of the K1 and the need to file the 212 at your consulate or will you wait for the 212 approval and then file your I-129F?

[cd1111 0]

My I-212 is for working on a valid tourist visa.

Why do you need it? Can't you skip it altogether knowing that once you have your visa and are married, it will be forgiven? Very confusing . . .

I was expeditiously removed upon re-entry on a valid tourist visa due to previous work. They gave me a 5 year ban. I am outside the US and only a fiancee.

Does that mean automatic denial of the K1 and the need to file the 212 at your consulate or will you wait for the 212 approval and then file your I-129F?

We filed for the I-212 at the CSC after we are approved with the I-129F. I had my interview and we are now waiting for the result of the waiver.

[kitkat1 5]

We filed for the I-212 at the CSC after we are approved with the I-129F. I had my interview and we are now waiting for the result of the waiver.

And did they deny the K1 at the interview pending results of the 212? I guess it wasn't all that strange to them that you did it that way then.

[cd1111 0]

We filed for the I-212 at the CSC after we are approved with the I-129F. I had my interview and we are now waiting for the result of the waiver.

And did they deny the K1 at the interview pending results of the 212? I guess it wasn't all that strange to them that you did it that way then.

No, I'm on AP until I get the results. I think you can do that with I-212, because L.S. said that if we had to file the I-601 too, then we would need to do it at the consulate. Good thing I didn't need the I-601.

[morocco4ever 63]

Might I suggest that you address this entire situation along with any physical evidence that you can think of with the initial petition? It won't stop the denial if that is standard procedure, but if the USCIS is aware of this from the start then hopefully it will cut corners later. Think about it, they will already know everything anyway, you might as well take the opportunity to present your case while you can.

[kitkat1 5]

Might I suggest that you address this entire situation along with any physical evidence that you can think of with the initial petition? It won't stop the denial if that is standard procedure, but if the USCIS is aware of this from the start then hopefully it will cut corners later. Think about it, they will already know everything anyway, you might as well take the opportunity to present your case while you can.

Because it doesn't work that way. The USCIS only processes the initial petition and in the case of an I-129F for a K1, they are only looking for the bare minimum - that the petitioner is a USC, that the couple has met in the prior two years, and that any IMBRA information is provided. That's it. Even when it's clear on the petition that person entered the US illegally and stayed, for example, the USCIS service center can't do anything. They can only process the petition and pass it to the consulate. It's up to the consulate to approve or deny, and if they deny, they have to first determine if the person is eligible to file a waiver in the first place. You can't "present your case" until they give you the option to do so -- at that time you file the waiver and hardship letter. While obviously there are some exception when people file in the US i.e. cd1111, it is not the norm when a person is interviewing at a consulate outside the US.