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Filed: K-3 Visa Country: Peru
Timeline
Posted

I am a US citizen and my husband is Peruvian.   I have been living with my husband in Peru since 2008.   Approximately 10 years ago we filed an I-130 for a K-3 visa and we were approved.  We went to the embassy and had our interview without  any problems but then we were called back a few weeks later and we were told that my husband was not  eligible for the visa due to immigration violation 212(a)9(c).

 

 Every few years we would talk to immigration lawyers about our case but we have always been told that we must wait the 10 years. Now that the time is almost completed, we are trying to find out what our next step should be. When I  called USCIS a few months ago I was told that the I-130 was still approved and that our paperwork should still be at the US Embassy.

 

Getting any sort of information out of the embassy has been practically impossible but thanks to my husband meeting the ambassador at the barbershop (divine intervention!) he was able to get some information about his case. An employee from the embassy called my husband and told him that our paperwork is still at the embassy and that we would be able to continue forward with our case starting in July 2018.   My husband asked this employee if it would be difficult to get the hardship waiver and she gave him the impression that it should not be too difficult since we have already waited the 10 years. 

 

Would it be recommendable to try to proceed forward by ourselves dealing with the embassy directly or would it be more prudent to find a lawyer to help us?  From what I understand we have to file an I-212 and an I-601 but I have always been told that these waivers are difficult and carefully wording your case is essential.

Posted
5 minutes ago, Ruth V said:

I am a US citizen and my husband is Peruvian.   I have been living with my husband in Peru since 2008.   Approximately 10 years ago we filed an I-130 for a K-3 visa and we were approved.  We went to the embassy and had our interview without  any problems but then we were called back a few weeks later and we were told that my husband was not  eligible for the visa due to immigration violation 212(a)9(c).

 

 Every few years we would talk to immigration lawyers about our case but we have always been told that we must wait the 10 years. Now that the time is almost completed, we are trying to find out what our next step should be. When I  called USCIS a few months ago I was told that the I-130 was still approved and that our paperwork should still be at the US Embassy.

 

Getting any sort of information out of the embassy has been practically impossible but thanks to my husband meeting the ambassador at the barbershop (divine intervention!) he was able to get some information about his case. An employee from the embassy called my husband and told him that our paperwork is still at the embassy and that we would be able to continue forward with our case starting in July 2018.   My husband asked this employee if it would be difficult to get the hardship waiver and she gave him the impression that it should not be too difficult since we have already waited the 10 years. 

 

Would it be recommendable to try to proceed forward by ourselves dealing with the embassy directly or would it be more prudent to find a lawyer to help us?  From what I understand we have to file an I-212 and an I-601 but I have always been told that these waivers are difficult and carefully wording your case is essential.

What did your husband do if you don't mind me asking?

Filed: Citizen (apr) Country: Canada
Timeline
Posted
20 hours ago, Ruth V said:

My husband entered without inspection, was detected and given voluntary departure, then re-entered a second time.

An important piece to the puzzle----when he re-entered the second time, was it with or without inspection?

 

If the second time was also without inspection, he may have a lifetime ban at this point.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Filed: Other Country: United Kingdom
Timeline
Posted

Also, the hardship waiver needs you to show why YOU, as the US citizen, face hardship by you not having your husband in the US and why living in your husbands country is also a hardship.

As you've been living in your husbands country for nearly 10 years I'm not sure how you'll be able to show this second part.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: K-3 Visa Country: Peru
Timeline
Posted
7 hours ago, Going through said:

An important piece to the puzzle----when he re-entered the second time, was it with or without inspection?

 

If the second time was also without inspection, he may have a lifetime ban at this point.

The second was without inspection as well.  I do understand that the wording is “lifetime” ban, but we have been told by employees at the embassy that we can proceed with our case beginning in July 2018 (this marks 10 years since he left the USA).

Filed: K-3 Visa Country: Peru
Timeline
Posted
7 hours ago, MacUK said:

Also, the hardship waiver needs you to show why YOU, as the US citizen, face hardship by you not having your husband in the US and why living in your husbands country is also a hardship.

As you've been living in your husbands country for nearly 10 years I'm not sure how you'll be able to show this second part.

Yes, that is the tricky part.  I was hoping that in part we could work with the idea that our two young children (US citizens) do not have access to affordable education or healthcare.

 

 Crime here has always been very common but is lately on the rise...our lives are restricted due to the threat of being assaulted.  

 

I have paid a high emotional toll of being separated from my family.....would these things be considered hardships?

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

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