I-129f special processing?

[Minya's wife 25]

I tried to edit my original post, but couldn't....hence the double post.

To answer your initial question regarding expedited processing....I think that is the least of your worries. You are looking at 'jumping through some serious hoops' in order to legalize the status of your loved one. The fact is, she has been living here undocumented for a significant amount of time. That is the hurdle you will have to overcome. Again, please look into consulting with an immigration attorney, and one that specializes is such cases.

Good luck, again!

-P

[kitkat1 5]

If your fiance is already here in the U.S., why don't you just get married and Adjust Status?

Of course he would do that if it was an option but since his fiance entered illegally this is not an option.

A fiance visa is used to bring a foreign fiance into the country to marry and live. Obviously people enter the US on tourist visas all the time but a fiance visa is the correct visa to use in this scenario.

When his fiance goes back to Mexico for the interview, she WILL be denied and she will have to file a waiver - the OP knows this.

You are looking at 'jumping through some serious hoops' in order to legalize the status of your loved one. The fact is, she has been living here undocumented for a significant amount of time. That is the hurdle you will have to overcome. Again, please look into consulting with an immigration attorney, and one that specializes is such cases.

The law provides a clear option to legalize the status of spouses or fiances of USCs who have visa ineligibilities. It's a long and difficult process but it's not as bad as "jumping through serious hoops". He files the I-129F petition just like everyone else. It will be approved just like everyone else. When she interviews in Ciudad Juarez she will be denied because illegal presence is a visa ineligibility. According to the law, she will have the right to file a waiver. If approved, she will get her visa. In fact with Mexico's new pilot program she will be approved in a day or two because her fiance's medical condition clearly proves that he will suffer extreme hardship, as the law requires, if her visa is denied and he has no option but to move to Mexico.

bobylupe, best of luck.

[tijuanahilton 0]

I read somewhere that if you were in the country over 180 days, there's an automatic 10 year ban? But I don't know for sure, Kitkat is the EXPERT.

I just have to say that people have such a bad attitude on this site. It's your right as an american citizen to fall in love with whomever yuo please, no matter how, if and when they entered this country. Our ridiculous immigration laws are infringing on that right!

I hope your journey is not a difficult one!

[Minya's wife 25]

The law provides a clear option to legalize the status of spouses or fiances of USCs who have visa ineligibilities. It's a long and difficult process but it's not as bad as "jumping through serious hoops". He files the I-129F petition just like everyone else. It will be approved just like everyone else. When she interviews in Ciudad Juarez she will be denied because illegal presence is a visa ineligibility. According to the law, she will have the right to file a waiver. If approved, she will get her visa. In fact with Mexico's new pilot program she will be approved in a day or two because her fiance's medical condition clearly proves that he will suffer extreme hardship, as the law requires, if her visa is denied and he has no option but to move to Mexico.

bobylupe, best of luck.

You're right, completely. What I meant by the 'serious hoops' referred to just that...the whole waiver procedure. Given the fact that the OP hasn't yet filed, and he's looking at options for expedited processing, I got the feeling he is wanting the speediest resolution. (But then....don't we all?! ) I just wanted to convey that the situation the OP and his SO have is not as simple, and they will have some extra steps to take before their 'journey' ends.

-P

Edited May 5, 2007 by Paula&Minya

[no name 1]

I just have to say that people have such a bad attitude on this site. It's your right as an american citizen to fall in love with whomever yuo please, no matter how, if and when they entered this country. Our ridiculous immigration laws are infringing on that right!

What? Immigration laws are there for a reason, it has NOTHING to do with infringement!!!! As KK said, there are channels to go thru to help that process be easier. But soemone entering illegally has to face the consequences of that.

[kitkat1 5]

You're right, completely. What I meant by the 'serious hoops' referred to just that...the whole waiver procedure. Given the fact that the OP hasn't yet filed, and he's looking at options for expedited processing, I got the feeling he is wanting the speediest resolution. (But then....don't we all?! ) I just wanted to convey that the situation the OP and his SO have is not as simple, and they will have some extra steps to take before their 'journey' ends.

-P

I get that - it's certainly not as simple as a interview and approval. But right now Mexico has a pilot program that processes waivers in 1 day rather than 1 year. With his medical situation, his waiver will be 100% approvable and he would have qualified for expedited waiver processing. But now, you're right that he has no reason to look at expedited processing -- the combination of filing the petition with VSC and the pilot program are in essence expedited processing already. So his fiance will most likely have her visa in about 3 months (CDJ doesn't make fiances wait for appointments). That in and of itself is a miracle!

tijuanahilton, you're right. Anyone who accrues illegal presence over 180 days, whether they entered on a valid visa or illegaly, they are facing a 10 year ban once they have left the US. That's the whole reason for the waiver - to overcome visa ineligibilities such as illegal presence.

[KarenCee 3]

I just have to say that people have such a bad attitude on this site. It's your right as an american citizen to fall in love with whomever yuo please, no matter how, if and when they entered this country. Our ridiculous immigration laws are infringing on that right!

What? Immigration laws are there for a reason, it has NOTHING to do with infringement!!!! As KK said, there are channels to go thru to help that process be easier. But soemone entering illegally has to face the consequences of that.

Totally agree dev...there are consequences to every action...be they good or bad.

so tell me tiajuana...what right has the government infringed upon by requiring its citizens to abide by immigration laws?

[kitkat1 5]

so tell me tiajuana...what right has the government infringed upon by requiring its citizens to abide by immigration laws?

I think TH is referring to the multiple threads where certain members are dismissing the right of a USC to go through the appropriate channels to legalize their SO who has visa ineligibilities.

[pushbrk 13,181]

I just have to say that people have such a bad attitude on this site. It's your right as an american citizen to fall in love with whomever yuo please, no matter how, if and when they entered this country. Our ridiculous immigration laws are infringing on that right!

What? Immigration laws are there for a reason, it has NOTHING to do with infringement!!!! As KK said, there are channels to go thru to help that process be easier. But soemone entering illegally has to face the consequences of that.

Your right to fall in love is not being infringed upon in any way. You can fall in love with an illegal alien and marry them and live together legally wherever it is legal. Sometimes it is not legal to live together in the USA, but that has nothing to do with your right to fall in love. It has to do with non US Citizens' rights, not yours. We citizens have a right to elect a government that passes and enforces laws. That's a right too. Your right to fall in love with an illegal does not trump our rights.

[bobylupe 0]

First, I want to thank kitkat for being so understanding. The immigration process get us all "Hot under the collar" once in a while, and it is fully understandable that posting negative comments is probably related to our high stess levels during these difficult times. Second, please remember that some of us will get processed faster than others. It's not my fault or your fault, it's the fault of our immigration process being in need of repair. We all tend to get a little jealous of one another when one couple is processed faster than we are, but I think we all are generally happy for each other and want to help each other as much as we can. That's why we are on this site. Thanks for your patience and understanding. Remember, we are all in a unique situation. We need to stick together and prove to the bigots and prejudiced people that falling in love with someone from a foreign county (legal or illegal) is the same love as everyone elses. Maybe even stronger.

[JaEnglishGirl 34]

If she is living in the USA undocumented, can't she just drive back over the Mexican border?

How will they know that she was ever in the US?

[kitkat1 5]

If she is living in the USA undocumented, can't she just drive back over the Mexican border? How will they know that she was ever in the US?

1) Because you swear that you are telling the truth under penalties of perjury, fines and/or imprisonment on the forms and you are under oath at the interview. If the beneficiary lies and it is discovered, they will be charged with misrepresentation which is a difficult charge to overcome. (Read the thread about the beneficiary who lied about her previous visa overstay and now is facing misrepresentation and the need for a waiver that may not be approved. That would mean no visa, ever).

2) Because it would be impossible to prove that she was in Mexico for all that time through rent receipts, paystubs, phone bills, etc. and it's not unreasonable for them to ask for this kind of proof.

3) Because they are going through the process of legalizing her status and getting her a legal visa. They surely don't want to take any risks or do anything (else) that is illegal when they have one chance to make everything right.

[Minya's wife 25]

If she is living in the USA undocumented, can't she just drive back over the Mexican border? How will they know that she was ever in the US?

1) Because you swear that you are telling the truth under penalties of perjury, fines and/or imprisonment on the forms and you are under oath at the interview. If the beneficiary lies and it is discovered, they will be charged with misrepresentation which is a difficult charge to overcome. (Read the thread about the beneficiary who lied about her previous visa overstay and now is facing misrepresentation and the need for a waiver that may not be approved. That would mean no visa, ever).

2) Because it would be impossible to prove that she was in Mexico for all that time through rent receipts, paystubs, phone bills, etc. and it's not unreasonable for them to ask for this kind of proof.

3) Because they are going through the process of legalizing her status and getting her a legal visa. They surely don't want to take any risks or do anything (else) that is illegal when they have one chance to make everything right.

:thumbs:

Not to mention that its NOT that easy, after having lived here for any significant amount of time, (regardless of whether it was legal or not) to just up and drive back over the Mexican border as if the past 'however long' of one's life did not exist.

-P