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Posted

Hello,

Few days ago i got denied entring the US on turist visa and got banned for the next 5 years . My 10 year turist visa also has been taken away. I have a boyfriend in California and we been talking about getting married for the past few months. Now since i cant enter the US he is planning on coming to my home country so we can do it here. my question is: Can i still apply for the green card , will they let me in back before 5 year period?! he cant stay in my home country for longer than 2-3 weeks cause of his work but we dont want to be separated.

Posted (edited)

You have to wait until your ban is over before you move to the USA. Getting married won't change anything. 

 

So I guess the reason for the ban was illegal work or something. Since they don't give bans for anything. Now you just gotta wait and face consequences of your actions. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted (edited)
17 minutes ago, TacoBellForLife said:

Hello,

Few days ago i got denied entring the US on turist visa and got banned for the next 5 years . My 10 year turist visa also has been taken away. I have a boyfriend in California and we been talking about getting married for the past few months. Now since i cant enter the US he is planning on coming to my home country so we can do it here. my question is: Can i still apply for the green card , will they let me in back before 5 year period?! he cant stay in my home country for longer than 2-3 weeks cause of his work but we dont want to be separated.

On what basis did you get the ban?  Sorry, but we all have endured separation....some longer than others.....

One option to avoid separating: You can marry and live in your country.

Visiting and immigrating to the US is a privilege..sounds like you abused that privilege.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Your BF can sponsor you, process is a year or so after you have married, there is a waiver for the deportation, I 212.

“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.”

Posted
Just now, Boiler said:

Your BF can sponsor you, process is a year or so after you have married, there is a waiver for the deportation, I 212.

Can she re-enter prior to the end of the ban even with a wavier?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted

thats what i have read before... that i can apply for a waiver. Just looking for someone who have done it before :) not sure if i apply for waiver after or before getting married ? and how the whole process looks like

 

yes, i was babysitting a few time during my stay on B1/B2 visa. thats the reason for ban...

Filed: K-1 Visa Country:
Timeline
Posted

You can apply for a waiver if your deportation was due to immigrant intent on a tourist visa. Now your post seems confusing though because were you deported or just denied entry? There’s a big difference between the two and it is my understanding that they give you an option at POE and you can withdrawal your application for entry and not get a ban and just be denied entry or if you don’t withdrawal and try to go in anyways and they decide not to you’re given a ban. Which one did you get? If you were just denied entry there’s no ban attached to you. 

Posted

You have to get married first. File for spouse visa. Get denied after 12 to 14 months of waiting. Then file a waiver. Wait again. That s how it works I think. 

 

Be prepared for loong separation. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Filed: K-1 Visa Country:
Timeline
Posted
3 minutes ago, Roel said:

You have to get married first. File for spouse visa. Get denied after 12 to 14 months of waiting. Then file a waiver. Wait again. That s how it works I think. 

 

Be prepared for loong separation. 

Yeah, I second that. I think that’s what you have to do. It is also my understanding that you have to do it through a lawyer if you’re filing a waiver. So yeah be prepared for a long long road and very pricey process. 

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)
19 minutes ago, missileman said:

Can she re-enter prior to the end of the ban even with a wavier?

If all she needs is a I212 then she could theoretically get that and apply for non immigrant visa, getting a B with this background seems extraordinary unlikely.

 

I 212 times seem all over the place could of course be hit with a Misrep whatever ban at the Interview, probably unlikely.

Edited by Boiler

“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.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

I 212 can be applied for any time, 601 would be after the interview.

“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.”

Posted
7 minutes ago, Boiler said:

If all she needs is a I212 then she could theoretically get that and apply for non immigrant visa, getting a B with this background seems extraordinary unlikely.

 

I 212 times seem all over the basisplace could of course be hit with a Misrep whatever ban at the Interview, probably unlikely.

Oh, OK.  The I-212 would just give her permission to reapply for a valid entry visa..........she then would have to apply for spousal, K-1, another B2, etc...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)
9 minutes ago, Boiler said:

I 212 can be applied for any time, 601 would be after the interview.

So, then:

1.  Marry

2.  Apply for 212 wavier

3.  Apply for CR-1

or is there a better sequence?

Would being married make 212 approval more likely?

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted
6 minutes ago, missileman said:

So, then:

1.  Marry

2.  Apply for 212 wavier

3.  Apply for CR-1

or is there a better sequence?

Would being married make 212 approval more likely?

2 and 3 together

 

Hmm, good question, I have always assumed that the answer would be yes, if you have a US Spouse and are seeking to Immigrate, not sure I have ever seen that specifically stated, seems obvious it would...

“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.

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