K1 denied

[susie6920 2]

My fiancé had his appointment at the consulate in Ciudad Juarez on Monday August 8th, unfortunately it was denied. He was told that he was under the 10 year ban from a previous undocumented entry in 2009. His letter said that it was possible for him to ask for a 601 Waiver. I would like to know if anyone else has experienced this type of denial. I am very angry, frustrated, emotionally drained and just not sure what my next step will be. I would appreciate any help anyone has. Thanks

[Harmonia 211]

Ummm...you need to research the process, stat. How were you unaware of the ban? What's his full timeline of entries/exits from the country? How did he end up in Mexico? I hope he didn't leave the country just for his interview. You could have gotten married in the US and done a provisional waiver from within the US.

Check out immigrate2us.net because that forum is primarily for people doing waivers.

A waiver isn't just a form. You have to compile a packet proving extreme hardship if he isn't allowed to come back for the 10 year ban. Its not clear if he just left the US now, or previously. Its 10 years from when he leaves the US. It takes about 6 months for waiver processing, then he'll have a 2nd visa interview following waiver approval and at that 2nd interview, he'll get the visa to return. This is tough but not insurmountable!

[EM_Vandaveer 2,417]

~ Moved from "K-1 Visa Process and Procedures" to "Waivers and AP" ~

[Boiler 46,042]

Consultation with a specialist lawyer would be the first step.

[Hypnos 6,578]

If it's a 9C bar then it's a lifetime bar for which you can only apply a waiver after being outside the US for ten years.

You would need to give more details of his entries, stay length, and exits if you want a definitive answer.

[susie6920 2]

We were not aware of the ban when we started the process because we payed a BIA accredited agent to assist with the application. One of the first things we asked, was in reference to the ban. He told us that the ban was only for 5 years and that we had to furnish proof that he had been working in Mexico during that time. That is what we did and when he went Monday he was told that his ban does not expire until March of 2019. My question now is how long after the denial of the visa do we have to submit the waiver? Any help would be greatly appreciated.

[LionessDeon 2,060]

You can submit the waiver right away, HOWEVER, it takes some real time and documentation to complete a good waiver packet. Please contact an experienced waiver attorney. Lizz Cannon does free consults and is a very sucessful waiver attorney. She will help you.

Waiver processing times have increased lately and are taking 8-10 months.

Edited August 15, 2016 by LionessDeon

[Harmonia 211]

You can submit the waiver any time until the ban is over. But you aren't answering the most important questions so we can help you. How many times did your fiance enter the US? What's his timeline, how long was he in the US, how did he leave the US to Mexico?

A 5 year ban doesn't even make sense for unauthorized presence. Its a 3 year (less than 1 year undocumented) or 10 year (1+ year undocumented) ban.

I see you're in NC. I previously lived in NC, and I know several good immigration attorneys there. If I were you, I'd contact an attorney or three ASAP to do consultations and figure out next steps, before you waste any more time and money. An attorney will ask the same questions so figure out his timeline.

Edited August 15, 2016 by Harmonia

[susie6920 2]

His timeline was as follows, he came into the U.S. one time, undocumented, that was in March 2009. He did the voluntary exit. I recently discovered the difference between the bans. I see there is only 3 and 10 year.

[LionessDeon 2,060]

http://www.lizzcannonlaw.com/

https://www.facebook.com/Lizz-Cannon-Atty-at-Law-154686371221660/

[EM_Vandaveer 2,417]

When did he leave the US, though? If he has a 10-year ban, it only starts to "count down" once he left the US, NOT when he entered.

[susie6920 2]

he left in March of 2010

[Shiobhan 235]

The denial should state the ban he has,did he

go there to interview or not, if he has until 2019

the waiver can be done with the help of your local

legal aid, or a lawyer that specializes in waivers.

Its best to get professional help since clearly its

needed, not a DIY for you

[susie6920 2]

the letter states that it is a 9B2 and yes he did go for his interview appointment on Monday.

[Harmonia 211]

Something still isn't making sense. If his ban is up in 2019, that would mean he left in 2009. Are you certain he stated he left the US in March 2010? 10 years would be 2020.

When you say voluntary exit, do you mean he just up and left of his own accord? Or he took a voluntary departure instead of deportation?

Did he have any interaction with law enforcement or immigration?