Inadmissibility?

[Aianamarie329 0]

My husband was previously back in 2003 and they started the process in 2005 but didn’t have to go back to Mexico for his wavier interview until 2006 after his daughter was born. His ex ended up having to stay in the United States because she has lupus. And was receiving treatment in Texas. Once we was approved in 2007 and got his visa, and when to Texas to find his wife and daughter but couldn’t find them. He went back to Mexico for a few months then came back to the United States to continue looking for his wife and daughter. He was in Michigan when he found out that she filed for divorce in 2008. 

My husband and I married in 2013 and we just started to look petitioning for him back in August 2018. Because of how things went down with his ex would that be grounds Inadmissibility under visa fraud?  None of what happened wasn’t his fault, if they asked about that during his interview and he honest about it, there shouldn’t be any problems, right? 

[Khallaf 650]

31 minutes ago, Aianamarie329 said:

My husband was previously back in 2003 and they started the process in 2005 but didn’t have to go back to Mexico for his wavier interview until 2006 after his daughter was born. His ex ended up having to stay in the United States because she has lupus. And was receiving treatment in Texas. Once we was approved in 2007 and got his visa, and when to Texas to find his wife and daughter but couldn’t find them. He went back to Mexico for a few months then came back to the United States to continue looking for his wife and daughter. He was in Michigan when he found out that she filed for divorce in 2008. 

My husband and I married in 2013 and we just started to look petitioning for him back in August 2018. Because of how things went down with his ex would that be grounds Inadmissibility under visa fraud?  None of what happened wasn’t his fault, if they asked about that during his interview and he honest about it, there shouldn’t be any problems, right? 

want to see if I get this right, your now husband was married, in 2005 he got deported had a hearing in 2006 was granted a waiver, he got his green card in 2007, he came to USA looking for his american wife at the time, couldn't find her. He then went back to Mexico returned to the USA on said visa.

 

I am assuming he had a green card through marriage?

 

he found out in 2008 wife filed for divorce, but his green card is about to expire?

 

you and him got married in 2013 and you want to file for what for him?

 

he would be able to file for citizenship based on the 5 year rule as long as the continence of residency requirement would have been meet.

 

again I am only guessing on the green card type he got  

[Aianamarie329 0]

1 minute ago, Khallaf said:

want to see if I get this right, your now husband was married, in 2005 he got deported had a hearing in 2006 was granted a waiver, he got his green card in 2007, he came to USA looking for his american wife at the time, couldn't find her. He then went back to Mexico returned to the USA on said visa.

 

I am assuming he had a green card through marriage?

 

he found out in 2008 wife filed for divorce, but his green card is about to expire?

 

you and him got married in 2013 and you want to file for what for him?

 

he would be able to file for citizenship based on the 5 year rule as long as the continence of residency requirement would have been meet.

 

again I am only guessing on the green card type he got  

He married in 2003 and they started the process of a k3 visa in 2005. He tried to get his green card before his k3 visa expires but the lack of a co sponsor his application was denied. And he remained out of status. It was never a discussion until 2018. And we have been working and trying to figure things out for the last year, because the k3 visa is complicated 

[Khallaf 650]

1 minute ago, Aianamarie329 said:

He married in 2003 and they started the process of a k3 visa in 2005. He tried to get his green card before his k3 visa expires but the lack of a co sponsor his application was denied. And he remained out of status. It was never a discussion until 2018. And we have been working and trying to figure things out for the last year, because the k3 visa is complicated 

so as of right now he came in on a K3 never got the actual greencard in hand, and now out of status?

 

the person that he was to have originally gotten the K3 on is no longer his wife correct?

[Aianamarie329 0]

Just now, Khallaf said:

so as of right now he came in on a K3 never got the actual greencard in hand, and now out of status?

 

the person that he was to have originally gotten the K3 on is no longer his wife correct?

Correct 

[Khallaf 650]

6 minutes ago, Aianamarie329 said:

Correct 

@geowrian

 

1. he would either need to go back to Mexico and wait out the I-130 and file a new waiver

 

or 

 

2. he might be able to apply for adjustment of status based on divorce waiver, but since it has been do long I don't think that is an option anymore.

 

 

so I am almost certain since the conditional green card never arrived and it is likely she canceled the petition prob best to find a good immigration attorney.

 

do you know if he has been put back in to deportation proceeding yet 

Edited March 7, 2019 by Khallaf

[Aianamarie329 0]

Just now, Khallaf said:

@geowrian

 

1. he would either need to go back to Mexico and wait out the I-130 and file a new waiver

 

or 

 

2. he might be able to apply for adjustment of status based on divorce waiver, but since it has been do long I don't think that is an option anymore.

 

do you know if he has been put back in to deportation proceeding yet 

We planned on applying for a 601a wavier, but I am just curious the chances that this would possibly flag as visa fraud? 

 

And There has been no court hearings or anything else I am aware of about a deportation proceedings. 

[Khallaf 650]

Just now, Aianamarie329 said:

We planned on applying for a 601a wavier, but I am just curious the chances that this would possibly flag as visa fraud? 

 

And There has been no court hearings or anything else I am aware of about a deportation proceedings. 

its been a long time, as long as he leaves the country willingly to start the ban, and you have the divorce papers from the previous marriage.

 

Will there be questions at interview, yes likely, will it be counted as visa fraud unlikely

[Aianamarie329 0]

5 minutes ago, Khallaf said:

its been a long time, as long as he leaves the country willingly to start the ban, and you have the divorce papers from the previous marriage.

 

Will there be questions at interview, yes likely, will it be counted as visa fraud unlikely

That’s what I was hoping, thank you! 

[Boiler 45,770]

Does he have any other issues?

[Aianamarie329 0]

6 minutes ago, Boiler said:

Does he have any other issues?

Nope, nothing. 

[Boiler 45,770]

I have not seen a K3 in a very long time, my recollection is that adjustment is only possible through the petitioner.

[Aianamarie329 0]

Just now, Boiler said:

I have not seen a K3 in a very long time, my recollection is that adjustment is only possible through the petitioner.

Yep, you’re corrected. That’s why for me to petition for him to get my husband his green card we need to file for a 601a wavier for over staying his visa. 

[Boiler 45,770]

Well he has been out of status for about 10 years by the sound of it. So a waiver will be needed.

[geowrian 22,337]

1 hour ago, Khallaf said:

1. he would either need to go back to Mexico and wait out the I-130 and file a new waiver

or 

2. he might be able to apply for adjustment of status based on divorce waiver, but since it has been do long I don't think that is an option anymore.

AOS is not available  except through the original petitioner. This restriction applies to K class applicants, not just K-1.

K-3 rules are very similar to K-1 rules, except for a spouse instead of a fiance/fiancee (and no AP is needed to travel).

 

Assuming there are no other issues/inadmissabilities, then the process is:

1) File the I-130

2) After approval, file an I-601A to address the unlawful presence bar

3) Wait for approval of the I-601A and an interview is scheduled at the embassy/consulate.

4) Go to the interview (with all documentation, including the medical exam being completed, of course).

5) Wait for the visa to be issued.

6) Return to the US.

 

If there are any other inadmissabilities involved, then skip the I-601A piece. The waiver for those, if one is available, would come into play some point after the interview.

Edited March 7, 2019 by geowrian