Jump to content
KateMald

K1 Visa for previously deported fiance

By KateMald in K-1 Fiance(e) Visa Case Filing and Progress Reports

 Share

16 posts in this topic

Recommended Posts

KateMald Newbie

KateMald   0

Posted
Timeline
Posted

Hi everyone, I am hoping to apply for a K1 visa for my fiance who is currently in Mexico. He first came to the US 12 years ago illegally. I met him because we worked at a restaurant together and we were together for about a year here. His parents in Mexico were sick so he had to go back to Mexico to take care of them, leaving him unable to come back to the US, however he did leave voluntarily and was not deported. He stayed in Mexico for 6 months, but it was too hard for us to be apart so he decided to try and cross the border. He got caught, and he went 1 night in prison before being deported back to Mexico. He tried again only to be caught and stayed in prison for 3 months. I am wondering if it is possible to get this visa since he has multiple deportations now and also was here for 12 years illegally. I’m filled with regret for not marrying him when he was here before all of these problems, but it was a hard decision for me to make because at the time I had only just turned 18 years old. If anyone has any information about if obtaining the k1 would even be possible or what options I have, I would greatly appreciate the help. 

Marzena & Stephen Rising Star

Marzena & Stephen   544

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)
1 hour ago, KateMald said:

Hi everyone, I am hoping to apply for a K1 visa for my fiance who is currently in Mexico. He first came to the US 12 years ago illegally. I met him because we worked at a restaurant together and we were together for about a year here. His parents in Mexico were sick so he had to go back to Mexico to take care of them, leaving him unable to come back to the US, however he did leave voluntarily and was not deported. He stayed in Mexico for 6 months, but it was too hard for us to be apart so he decided to try and cross the border. He got caught, and he went 1 night in prison before being deported back to Mexico. He tried again only to be caught and stayed in prison for 3 months. I am wondering if it is possible to get this visa since he has multiple deportations now and also was here for 12 years illegally. I’m filled with regret for not marrying him when he was here before all of these problems, but it was a hard decision for me to make because at the time I had only just turned 18 years old. If anyone has any information about if obtaining the k1 would even be possible or what options I have, I would greatly appreciate the help. 

Hi sorry for your stress!

I believe he would be denied by simply applying for a k1 visa.

I suggest you read about an i212 and an i601 form.

Your best bet may be to get married in Mexico and than file paperwork. Maybe speak to an attorney prior to making such a huge life decision on something that may not workout 100%. 

Some people are able to get waivers for past deportations as others are unable and no one will be able to tell you that until you guys apply for a waiver. Good luck !

Edited by Marzena & Stephen

 

 

 
John & Rose Mentor

John & Rose   7,239

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

Correct.  Multiple illegal entries will be either a permanent ban or 10 year ban.  No chance until the ban expires.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Boiler Grand Master

Boiler   45,909

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

He is 9C, lifetime bar waiverable after 10 years.

 

Are you looking to move?

“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 (edited)

Agreed...this would be a 9C, permanent bar that is only waivable after being outside of the US for 10 years. After that 10 year period, he can apply for a visa, get refused, and then try for a waiver.

Edited by geowrian

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

 

KateMald Newbie

KateMald   0

Posted
Timeline
  • Author
Posted
15 hours ago, Marzena & Stephen said:

Hi sorry for your stress!

I believe he would be denied by simply applying for a k1 visa.

I suggest you read about an i212 and an i601 form.

Your best bet may be to get married in Mexico and than file paperwork. Maybe speak to an attorney prior to making such a huge life decision on something that may not workout 100%. 

Some people are able to get waivers for past deportations as others are unable and no one will be able to tell you that until you guys apply for a waiver. Good luck !

Thank you for the info! So do you think it would be possible to get a visa if I married him in mexico, even though I see now that he most likely has the 9c ban?

Boiler Grand Master

Boiler   45,909

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
5 minutes ago, KateMald said:

Thank you for the info! So do you think it would be possible to get a visa if I married him in mexico, even though I see now that he most likely has the 9c ban?

You should be able to get a waiver once he has served the 10 years, when did he last leave?

“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.”

Redheadguy03 Proficient

Redheadguy03   505

Posted
Filed: Citizen (pnd) Timeline
Posted
5 minutes ago, KateMald said:

Thank you for the info! So do you think it would be possible to get a visa if I married him in mexico, even though I see now that he most likely has the 9c ban?

It's not most likely, he will definitely have a ban. It's already been said, he would need a waiver and even then it's not a sure thing. You need to get a good lawyer. 

Jawaree Grand Master

Jawaree   718

Posted
Filed: Timeline
Posted

If you both want each other, go get marry & file, just be prepared to sit out the bar

You can do border living if you can obtain a job on the US side & commute to your apt. in Mexico with him fsily.or go visit him a few times per year until he's able to file  waivers..Its doable but will take some time, you should speak to an Atty &

forget the K1

Marzena & Stephen Rising Star

Marzena & Stephen   544

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
20 minutes ago, KateMald said:

Thank you for the info! So do you think it would be possible to get a visa if I married him in mexico, even though I see now that he most likely has the 9c ban?

Honestly I think it will be very hard if he is banned for ten years. But its always worth contacting a lawyer and seeing what they say..

 

 

 
Boiler Grand Master

Boiler   45,909

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 hour ago, Marzena & Stephen said:

Honestly I think it will be very hard if he is banned for ten years. But its always worth contacting a lawyer and seeing what they say..

He is 9C lifetime waiverable after 10 years.

“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.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...