Unusual situation -- need help before I file!

[mrconover 0]

I would like to file for a K1 visa and marry my girl. Here is the situation.

She married an american when she was 18, legally in the country with her visa (She is a mexican citizen)

2 yrs later when crossing the border with her husband her visa was taken away when the border patrol refused to believe that her and her husband were living in Mexico. (No joke they were living in mexico!! and had not been living in the states.) -- Jerked her visa and told her husband to get her papers they had been married over 2yrs.

She gets pregnant - passes the border illegally - has the baby in the US. and returns to live in mexico without any problems. And has been living in mexico this entire time (8yrs)

Do I need to list her child on the I-129F? He is already a citizen. If I do will it cause problems?

[kitkat1 5]

I would like to file for a K1 visa and marry my girl. Here is the situation.

She married an american when she was 18, legally in the country with her visa (She is a mexican citizen)

2 yrs later when crossing the border with her husband her visa was taken away when the border patrol refused to believe that her and her husband were living in Mexico. (No joke they were living in mexico!! and had not been living in the states.) -- Jerked her visa and told her husband to get her papers they had been married over 2yrs.

She gets pregnant - passes the border illegally - has the baby in the US. and returns to live in mexico without any problems. And has been living in mexico this entire time (8yrs)

Do I need to list her child on the I-129F? He is already a citizen. If I do will it cause problems?

If it is her child, yes you have to list that information on the I-I29F. You are required to tell the truth on all forms (read the perjury clause) and that includes her illegal presence in the US. If she was illegally present in the US for more than 365 days, she has a 10 year ban from the date she left - which may mean she has time left on the ban if she has only been back in Mexico for 8 years.

Is the child in Mexico or in the US? If the child is in Mexico and you plan to have the child come to the US as well, you need to include the child as a K2.

The rest of the story is very confusing and may or may not impact her at her interview.

Are you saying that she married an American in Mexico and then tried to enter the US with him without a spousal visa? Exactly what happened at the border crossing could impact her - what kind of visa did she have and exactly what happened? Was she simply denied entry?

[sparkofcreation 0]

Is the child in Mexico or in the US? If the child is in Mexico and you plan to have the child come to the US as well, you need to include the child as a K2.

Not true. The child is a US citizen and can simply enter on an American passport the same way any other American living abroad would do.

[kitkat1 5]

Is the child in Mexico or in the US? If the child is in Mexico and you plan to have the child come to the US as well, you need to include the child as a K2.

Not true. The child is a US citizen and can simply enter on an American passport the same way any other American living abroad would do.

Ah, missed that small detail, thanks. But even if the child is not going to go to the US with the mother, the child does need to be included on the paperwork where asked about children. Oh that needing a passport for the child is a very important detail too.

[pushbrk 13,058]

Is the child in Mexico or in the US? If the child is in Mexico and you plan to have the child come to the US as well, you need to include the child as a K2.

Not true. The child is a US citizen and can simply enter on an American passport the same way any other American living abroad would do.

Yes, the OP says the child is a citizen. However, it is not clear whether he means the child has a US passport or citizenship papers or is simply entitled to citizenship through birth and/or the father. You would list the child anyplace it asks for the name(s) of her children but a US Citizen doesn't need a visa, K2 or otherwise. The child needs a US Passport.

Edited May 28, 2007 by pushbrk

[kitkat1 5]

Reading through the orignal post again, I don't think the child will create any issues or problems (unless there is not a birth certificate available for the child, perhaps).

The bigger mystery here will be regarding the problems she encountered at the border. I suspect she tried to enter the US initially with her husband with a tourist visa and not a spousal visa and therefore her visa was taken and she was denied entry. Depending on whether or not that situation was more complicated, it could be a bit messy down the road at interview time.

The second part will be how much time she spent in the US illegally before returing back to Mexico. As I stated before, it she was there for more than one year, it's a ten year ban beginning the moment she left the country. If she now has been back for eight years, she still has two years left on the ban. She could go through the waiver process but it would entirely depend on the hardships her USC fiance could prove, which may be difficult. Of she could hold off on the whole thing for a little while longer until she's closer to the end of the ban.

To the OP, before you send in any paperwork, these are the two most important things to clarify with her

1) Exactly what happened at the border -- what kind of visa was she trying to use, what did they write in her passport (the code) and was she refused entry or deported?

2) Exactly how long was she illegally present in the US and exactly what date she did return to Mexico?

These answers will help you determine your next appropriate steps.

[mrconover 0]

She was only in the states a few months, and her son is an american citizen and crosses into the states with his father regulary.

At the border:

They removed her and her husband from the vehicle and separated them. Began to question where she lived. They refused to believe that she lived in Mexico. This went on for hours, she finally gave up and said ok " I live in the States, please let me go home" They pulled her visa and told her it would be one year before she could apply again. Her and her husband just went back to their house in Mexico. Not a huge deal to her, she only crossed to shop and visit friends.

[kitkat1 5]

She was only in the states a few months, and her son is an american citizen and crosses into the states with his father regulary.

At the border:

They removed her and her husband from the vehicle and separated them. Began to question where she lived. They refused to believe that she lived in Mexico. This went on for hours, she finally gave up and said ok " I live in the States, please let me go home" They pulled her visa and told her it would be one year before she could apply again. Her and her husband just went back to their house in Mexico. Not a huge deal to her, she only crossed to shop and visit friends.

What kind of visa?

What kind of notation in her passport?

These details are important because if there are consequences, you will face them at her interview. Better to be well informed and prepared IMO.

p.s. can't imagine why anyone would "give up" and lie by saying they lived in the US when they didn't.

[mrconover 0]

She was only in the states a few months, and her son is an american citizen and crosses into the states with his father regulary.

At the border:

They removed her and her husband from the vehicle and separated them. Began to question where she lived. They refused to believe that she lived in Mexico. This went on for hours, she finally gave up and said ok " I live in the States, please let me go home" They pulled her visa and told her it would be one year before she could apply again. Her and her husband just went back to their house in Mexico. Not a huge deal to her, she only crossed to shop and visit friends.

What kind of visa?

What kind of notation in her passport?

These details are important because if there are consequences, you will face them at her interview. Better to be well informed and prepared IMO.

p.s. can't imagine why anyone would "give up" and lie by saying they lived in the US when they didn't.

This was almost 10 years ago, a BCC or border crossing card.

Imagine this 19 yrs old, don't speak english isolated and screamed at for hours. Down where I live they say "The Patrol is very white!" - I am anlgo and I hate to say it but they are not always the nicest people. Her passport says nothing. But there was record of this infraction years ago when checked. Now who knows? Do you know how to find out before the interview?

[kitkat1 5]

Where did you check previously? FOIA requests take about a year so that won't be helpful. You could try an FBI records request (search the FBI site) but it doesn't always show everything.

It will come up at the interview and she needs to tell the truth. There may be an issue with misrepresentation since she lied when she was at the port of entry. (I have seen two recent posts here about beneficiaries being charged with misrepresentation due to being caught in a previous lie at the POE).

I would consult a qualified immigration attorney to clarify the situation and be sure you are well prepared. Misrepresentation requires a waiver and you will want to be well aware of that, if it is the case, long before the interview.