LOOKING FOR ANSWERS K-1??? PLEASE HELP IF POSSIBLE

[Boiler 45,558]

So she will need an I 601 for illegal presence. Adds 6 months or so to the process.

[aaron2020 11,651]

DACA prevents a person from being deported and allows them to get EAD and AP. DACA does not erase, forgive, or prevent accumulating days of unlawful presence. Voluntary Departure does not erase her days of unlawful presence.

If your girlfriend left after her 19th birthday, then she has accumulated more than one year of unlawful presence which subjects her to a 10 years ban. Any visa that you apply for her will be denied because of the ban. You will need a hardship waiver to get her a visa.

[Charlesvb12 61]

why would she get approval of form i-212. That from is to be able to re apply before the 3-10 year ban is up. She was approved to reapply her mother was denied. So if she was banned wouldnt she have been denied? Isn't that exactly why you have to file for that form?

[Charlesvb12 61]

"Individuals previously removed from the U.S. are inadmissible and may not be re-admitted to the U.S. for a specified period of time UNLESS they apply for, and are granted, permission to reapply for admission. Permission to Reapply for Admission is applied for by submitting Form I-212 together with the appropriate supporting documentation and filing fee. Permission to Reapply for Admission is granted in the form of what is commonly referred to as an I-212 waiver."

Individuals previously removed from the U.S. are inadmissible and may not be re-admitted to the U.S. for a specified period of time UNLESS they apply for, and are granted, permission to reapply for admission. Permission to Reapply for Admission is applied for by submitting Form I-212 together with the appropriate supporting documentation and filing fee. Permission to Reapply for Admission is granted in the form of what is commonly referred to as an I-212 waiver."

That was the purpose of us filing that form.. now i wish she would have filed form 601 concurrently if that is the case and we need to file that now. But I dont believe the 10 year ban is upheld now that she has been approved via form i-212

Edited December 8, 2016 by charles121

[aaron2020 11,651]

I-212 gives her permission to reapply for admission after deportation or removal.

Without the I-212 waiver, she is not even allowed to file for any visa.

The ONLY benefit that she gets with the I-212 is permission to reapply for admission after deportation or removal. That's it. It does not waive any grounds of inadmissibility.

With her I-212 waiver allowing her to reapply, she still needs to qualify for a visa. With a ban, she will not qualify for a visa. That's why any visa that she tries to get will be denied and you will need a hardship waiver.

[Charlesvb12 61]

The hardship waiver is the 601 waiver, correct? Something that we should of done concurrently with the I-212.

[aaron2020 11,651]

"Individuals previously removed from the U.S. are inadmissible and may not be re-admitted to the U.S. for a specified period of time UNLESS they apply for, and are granted, permission to reapply for admission. Permission to Reapply for Admission is applied for by submitting Form I-212 together with the appropriate supporting documentation and filing fee. Permission to Reapply for Admission is granted in the form of what is commonly referred to as an I-212 waiver."

Individuals previously removed from the U.S. are inadmissible and may not be re-admitted to the U.S. for a specified period of time UNLESS they apply for, and are granted, permission to reapply for admission. Permission to Reapply for Admission is applied for by submitting Form I-212 together with the appropriate supporting documentation and filing fee. Permission to Reapply for Admission is granted in the form of what is commonly referred to as an I-212 waiver."

That was the purpose of us filing that form.. now i wish she would have filed form 601 concurrently if that is the case and we need to file that now. But I dont believe the 10 year ban is upheld now that she has been approved via form i-212

You can not file Form 601 concurrently. You can only file for it after a visa denial.

The I-212 allows her to reapply for admission after a deportation or removal. It does not waiver any issue of inadmissibility including a ban.

Read carefully. You will see that the I-212 does not waive any issue of inadmissibility.

[Charlesvb12 61]

"Immigrant visa applicants who also require Form I-601 file Forms I-212 and I-601 concurrently with the U.S. Department of State at the immigrant visa interview at the U.S. Consulate with jurisdiction over the applicant's place of residence. The consular officer must then forward the waiver application forms to the appropriate USCIS officer with jurisdiction over the area within which the consul is located."

I'm pretty sure you can, but regardless we did not. So basically as of right now our next step is to file for 601 and do the waiting game again before going ahead with the K1 or CR1 visa?

Edited December 8, 2016 by charles121

[aaron2020 11,651]

"Immigrant visa applicants who also require Form I-601 file Forms I-212 and I-601 concurrently with the U.S. Department of State at the immigrant visa interview at the U.S. Consulate with jurisdiction over the applicant's place of residence. The consular officer must then forward the waiver application forms to the appropriate USCIS officer with jurisdiction over the area within which the consul is located."

I'm pretty sure you can, but regardless we did not. So basically as of right now our next step is to file for 601 and do the waiting game again before going ahead with the K1 or CR1 visa?

Different situation than yours. Your girlfriend was not applying for an immigrant visa.

You are new and lack experience with immigration matters. It's foolish you say that you are pretty sure that you are right when posters with years of experience tells you otherwise.

When your girlfriend applied for the I-212 so she can apply for a tourist visa, there was no way for your to file an I-601 for her.

There is NO BASIS for you to file an I-601 until she is denied a K-1 or CR-1 visa.

Edited December 8, 2016 by aaron2020

[Charlesvb12 61]

Yes i reread, not trying to argue... So basically we have to get denied K1 first? Than file for I-601? And if that is the case do we have to refile everything again for K-1 after the 601 waiver form? Hopefully that made sense and once again thank you for the help.

[aaron2020 11,651]

This is the best way to go forward:

1. Go to Brazil and get marry.

2. File the I-130 to start the spousal visa process.

3. Her spousal visa will be denied.

4. With the denial, you file the I-601. You need to show an extreme hardship to you (a hardship to her does not count) that warrants waiving her issues of inadmissibility.

5. Once the waiver is granted, she can get a visa.

[Boiler 45,558]

or you can file now for a K1 if you have met in the last 2 years

[Charlesvb12 61]

Ok, thank you. So K1 visa would be out of the question for my case? And yes I have been twice to Brazil in the last year and am going back in February.. If K1 is still a possibility for me I would like to do that. But if it is not, than We will marry on my next trip to Brazil. Regardless I will need to do that first get denied than file form 601, and will I have to refile for the K1 or CR1 Visa or will it be already processed.

Edited December 8, 2016 by charles121