I130 & waiver 212

[Basurfista 0]

I went to US in Dec 2009 (b2). I extended my visa for 6 months and came back to Brazil in Dec 2010.

Then I tried to apply for student visa in Jan 2011, which was denied once I couldn’t prove laces with Brazil.

In July 2011, I went back to US with my b2 visa. I extended it again. But, at this time, I overstayed 8 months longer than my permitted time.

I left in April 2013.

I was about to go to Mexico with a flight stop in US for vacation in September 2013, and even it was only for transit and my visa was still “fine”, they took me to that famous room. They found out I worked while I was there for 8 months, making 250-300$ per week with no permission.

So my entry was denied under 212(a)(9) and I got an order of expedited removal pursuant to section 235(b)(1) under the section 212(a)(7)(A)(i)(I) within 5 years bar.

I was okay with that till now that I met an American (citizen) man, and we felt in love. He proposed me, we are going to get marry this year, and we have to live together in US because of his job.

I know my case is complicated so I read a lot, and I found out that in order to apply for an immigration visa, first, I have to apply for a waiver, but I’m in doubt about witch one I have to apply: 212 or 212 + 601.

I also know that I need to apply for CR instead of IR.

So in conclusion, what waiver should I apply for? and Where? I don't understand it!

He is going to fill a petition of I-130 for me in US within waiver?

Moreover, should I do it by myself or I have to go to the US consulate first?

Thank you L-O-T-S in advance!!!

[Hypnos 6,578]

You had a five year bar already once you overstayed your period of lawful presence by 180 days.

You cannot file for a waiver until you have been found inadmissible. Your husband will need to file the I-130 for you now, and in ~6-10 months you will have your visa interview where you will be denied. At that point you can then file your waiver applications.

I believe you'll need both an I-212 (since you were deported) and an I-601 (from your overstay and illegal employment). You would need to be able to show why it would be a hardship to your US citizen spouse - not yourself - If you weren't allowed to re-enter the US.

Your husband should file the I-130 immediately, and you should at a minimum consult with at least one lawyer experienced in such waivers.

Lizz Cannon is highly regarded here, and she gives a free initial consultation. She would be an excellent start.

http://www.lizzcannonlaw.com

Edited September 3, 2016 by Hypnos

[Basurfista 0]

You had a five year bar already once you overstayed your period of lawful presence by 180 days.

You cannot file for a waiver until you have been found inadmissible. Your husband will need to file the I-130 for you now, and in ~6-10 months you will have your visa interview where you will be denied. At that point you can then file your waiver applications.

I believe you'll need both an I-212 (since you were deported) and an I-601 (from your overstay and illegal employment). You would need to be able to show why it would be a hardship to your US citizen spouse - not yourself - If you weren't allowed to re-enter the US.

Your husband should file the I-130 immediately, and you should at a minimum consult with at least one lawyer experienced in such waivers.

Lizz Cannon is highly regarded here, and she gives a free initial consultation. She would be an excellent start.

http://www.lizzcannonlaw.com

Thank you lots!! I've been trying to contact her but no success yet. But you had clarified my mind, because all that Im reading, it doesn't say about being actually deported; it only says about having denied entry. Thank u!

[aleful 1,905]

hi

as said, if you need a waiver, it's after you have the interview. the officer will deny your visa and you be mailed the officer's decision, letting you know that you were denied, and under what ruling you were denied, and if you qualify for the waivers, they will check mark the waivers that you need to send

both waivers are sent to lockboxes here at the US and together with the waivers, your husband would need to do the hardship letter

so don't worry for now, have your husband file the petition for you now, because the regular process until the interview, takes a year

[Basurfista 0]

hi

as said, if you need a waiver, it's after you have the interview. the officer will deny your visa and you be mailed the officer's decision, letting you know that you were denied, and under what ruling you were denied, and if you qualify for the waivers, they will check mark the waivers that you need to send

both waivers are sent to lockboxes here at the US and together with the waivers, your husband would need to do the hardship letter

so don't worry for now, have your husband file the petition for you now, because the regular process until the interview, takes a year

Thank you for your reply!

Do you think it is better to apply to fiance visa then? My concerning is because of the hardship letter..

But thank you lots!

[Basurfista 0]

Moreover, do you guys think that my "husband" can file the i130 by himself? Or do we really need a lawyer?! Thank you everyone who is helping me ?

[Hypnos 6,578]

The I-130 is simple, and your husband may be competent enough to do that himself. The waivers will be less so, and you should engage a lawyer to assist with that part.

[Basurfista 0]

The I-130 is simple, and your husband may be competent enough to do that himself. The waivers will be less so, and you should engage a lawyer to assist with that part.

U'r like an angel! Thank u so badly ☺️??

So we're going to get married and I'll help him with the i130! Thank u lots ???