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Angello703 Newbie

Angello703   0

Posted
Filed: Other Country: Peru
 Timeline
Posted

Hey guys,

I find this website helpful and I hope I can get good advice.

 

   I met my fiancee in Perú and I used to go all the time to visit her but I started having more work here in the u.s. so my fiancee always came to visit me instead with her B2 visa.  On march 1st she was found inadmissible for 5 years because she admitted to helping me work sometimes so I got my stuff done faster. She came clean when they were questioning her brcause she didn't want to get into serious trouble. We were planning on doing the k1 visa this time that she was coming to visit me and have her go back to Peru after the petition was approved but now a waiver is needed too.  I just want some advice on what we should do, if it's worth trying to get the k1 visa or going to Peru to marry her and try getting her the k3 visa.  It's hard prove extreme hardship in my case because we're in our early 20's and the only hardships I have is financially, pay isn't good in Peru, in many areas Peru is dangerous, and I'm helping my brother get back on his feet after he got into legal trouble, he lives for free in my apartment and i drive him around to get to work.  I know I don't suffer from any serious medical condition but I would like some advice and hopefully there's options where we don't have to wait the 5 years to bring her back to the U.S.  We had already planned on having our future here in the U.S. I have been with her for 3 years. It's a lot to spend to keep flying to Peru to visit her for the next 5 years  and I can't move to Peru either because it'd be real hard to support ourselves.  Thank you.

Boiler Grand Master

Boiler   45,887

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Do you have a Lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

I also suggest a lawyer for waiver cases.

 

The process would be to file the petition, file for the visa, interview, get denied due to the ban, then file for the necessary waiver(s).

 

K-3 is obsolete. Go with the CR-1 (spouse) visa instead to save money and paperwork. A K-3 would just become a CR-1 eventually. A CR-1 also requires being married prior to filing.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   45,887

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like you need a lawyer who has waiver experience, www.immigrate2us.net has a list.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

HoosierEh Contributor

HoosierEh   21

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi,

 

I think your gut instincts are good on this; marriage or not it will not help the waiver.

 

The CR1 process will take 1 year or more and the Waiver process will take 1 year or more - so lets for the sake of delays, holidays and any forthcoming immigration changes say about 2 or 3 years just for the paper work part and as you said, you don't have definitive hardship... you will find a lawyer willing to take your money but I think you know it wont be successful.

 

It is hard for me to imagine waiting five years, but I have been away from my husband for 2.5 - every day feels like a year but they have sped by quickly in their own right but we are older and have been married for 5 years before I left. When you consider the years of work ahead of your both without a guarantee there would still be years left to wait if her waiver was denied, you two have some time apart to cope with either way.

 

Love defies logic, it's' hard to be logical when we feel we cant live being separated from the ones we love but you two have time to really plan this out and to plan it out the correct way and steer each other from making any other lifelong challenges.

 

Sorry we dont have better news for you or ideas ....

 

Maybe someone here can tell you how long an approved CR1 stays active - if you two did get married as a means of commitment to each other along with the CR1, having that at the ready might be a good idea. Anything can happen in a year let alone 5 ... you might get a great job offer there!

 

Just trying to end it on a good note.

Best of luck

Boiler Grand Master

Boiler   45,887

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

About 18 months for a CR1 and Waiver. Less for a K1 and waiver.

 

Waivers are mainly an issue of presentation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Jawaree Grand Master

Jawaree   718

Posted
Filed: Timeline
Posted

Everyone has hardships, find a sensible waiver atty ...Lizz Cannon

is good for this ype of case....call her...The fact she had to help you

is one challenge, you cant move to her country, depending on ages

you plan to marry & get pregnant soon, the hadship has to be on

you, not her

 
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