Evidence question: DS-260 and interview after 10 year ban is over

[SFT 0]

Hello everyone,

 

My husband is at the stage where we are submitting DS-260 and scheduling an appointment for a visa interview at the Juarez Consulate. My husband entered the USA in 2001 unlawfully and left in early 2008. After he left, we maintained contact and I eventually moved down to Mexico with him. We lived together in Mexico for 7 years as a married couple and are now applying  to come back. We decided to immigrate 1.5 years ago, and I returned first back to the USA in January 2017 while he is staying in Mexico. Rather than apply for an I-601 so close to the date, we decided to just wait out the 10 year ban for him to  apply "normally".

 

Interesting thing about this is that my husband was never under any immigration proceedings in the USA. There is literally no evidence that he was ever there. Even so, we are going to tell the truth regarding his time in the United States unlawfully.

 

My question is if the consulate will want to have evidence of my husband leaving the United States, even though there is no evidence that he was ever there either way. The reason I ask is because there is also no solid evidence of when he returned to Mexico, because when he returned he just crossed back on foot through Tijuana. Will they even care about this? If so I suppose we could prepare affidavits, but I just want to check if anyone has been through this or has any insight.

 

Thank you for your help!

 

 

Edited April 8, 2018 by SFT

[aleful 1,905]

there is always proof of him being there

 

the first question is how did you meet? per what you stated you met while he was in the US. if this is so, he would have to lie about being in the US and how you met. he left and you maintained contact, but you met while he was here

 

plus if he ever drove, or opened a bank account, worked had a debit or credit card, went to the doctor and had some sort of ID number with his name, rented or signed any contract. 10 years is a lot.  and if he wasn't in Mexico, where was he? there is no proof of working in Mexico for 10 years

 

As you said he won't lie, but it would hard to lie for others that would try, the Consul will always poke holes and ask questions to se if the evidence holds.

 

 

 

 

[SFT 0]

3 minutes ago, aleful said:

there is always proof of him being there

 

the first question is how did you meet? per what you stated you met while he was in the US. if this is so, he would have to lie about being in the US and how you met. he left and you maintained contact, but you met while he was here

 

plus if he ever drove, or opened a bank account, worked had a debit or credit card, went to the doctor and had some sort of ID number with his name, rented or signed any contract. 10 years is a lot.  and if he wasn't in Mexico, where was he? there is no proof of working in Mexico for 10 years

 

As you said he won't lie, but it would hard to lie for others that would try, the Consul will always poke holes and ask questions to se if the evidence holds.

 

 

 

 

Thank you for the reply but I'm sorry you completely misunderstood the question and statement that I wrote.... we aren't lying about anything here.

 

 

Edited April 8, 2018 by SFT

[aleful 1,905]

I didn't say you were

 

but you did say that there wasn't any proof, there is always proof of living somewhere,

 

you stated that he wasn't going to lie.so nobody is saying that he is lying or he will be lying.

 

but there are always things that do prove that a person has lived in a country, especially for a long time.

 

the things I stated are ways to prove that a person has lived here

Edited April 8, 2018 by aleful

[SFT 0]

Just now, aleful said:

I didn't say you were

 

but you did say that there wasn't any proof, there is always proof of living somewhere,

 

you stated that he wasn't going to lie.so nobody is saying that he is lying or he will be lying.

 

but there are always things that do prove that a person has lived in a country, especially for a long time.

 

 

 

My husband was in the USA unlawfully for about 7 years, but returned to Mexico 10 years go. Therefore the 10 year ban is already over based on the date he left the USA.

 

The question is pretty simple: what evidence will the consulate want from him to show that he actually left the USA 10 years ago? Will they even ask for this, or care, being the 10 year ban is over?

[aleful 1,905]

 

they will want to really know that he left 10 years ago, and overcame the ban, he will have to bring proof at the interview that he has been out of the country for 10 years, and that his ban is up. any type of evidence he can, did he rent or pay bills in Mexico? did he get a job?

 

if not he will be denied and ask to fill out the i601 and you do the hardship letter

 

 

 

 

[Crazy Cat 42,752]

I would definitely concentrate on things other than affidavits if possible.  I don't think they hold much water as primary evidence.

[NikLR 13,232]

There has to be something showing he lived in the USA and something to show he was living in Mexico.  Figure out what those things are. Don't try to guess what they want, provide the evidence you have.  

[pushbrk 13,263]

33 minutes ago, NikLR said:

There has to be something showing he lived in the USA and something to show he was living in Mexico.  Figure out what those things are. Don't try to guess what they want, provide the evidence you have.  

Yes, but I would concentrate on providing evidence of him being in Mexico as far back as possible.  They will simply believe he was in the US if he says he was.  The issue is when he left.  Although there may be no primary evidence of WHEN he left exactly, there should be evidence of him renting a place to live, paying a bill, or being paid for work.  Find what you you CAN find and present it.  Affidavits MIGHT help, depending on how credible the information contained in them would be.  Hard evidence would be better.