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Filed: K-1 Visa Country: Mexico
Timeline
Posted

hi, i would be grateful for any advice about my situation. i am an american citizen engaged to a mexican citizen currently living in mexico. we would like to marry and live in the US. my fiance previously entered and worked in the US without papers, but left voluntarily and has a clean record. (he was not deported and there was no INS record of his arrival or departure.)

the K1 visa form asks if the fiance has ever been in the US before, and i do not want to lie on the form. does anyone know how the fact that the fiance was illegally in the US will affect the K1 visa application? will we still be eligible to receive the K1? is there another process we will need to go through first?

is there an automatic ban on visas for people who have entered and lived in the US illegally? i have heard 10 years, but don't know if that only applies to deportation.

thank you.

REMOVING CONDITIONS

March 6, 2009 Submitted I-751 paperwork

March 13, 2009 Receipt Notice

April 10, 2009 Biometrics Appointment

AOS PROCESS

Nov 16, 2006 Fiance entered US

Dec 6, 2006 Applied for SSN

Dec 14, 2006 SS card arrived

Jan 20, 2007 Married! :)

Jan 25, 2007 Submitted I-485 and I-765 applications

Jan 29, 2007 NOA 1 Receipt Notice

Feb 16, 2007 Biometrics appt

Feb 23, 2007 Application transferred to CA Service Center

April 12, 2007 Employment Authorization approved

May 30, 2007 Case approved; Permanent Resident Card issued!

K1 VISA PROCESS

June 09, 2006 Sent I-129F to Vermont

June 19, 2006 NOA 1

July 08, 2006 IMBRA RFE submitted

Aug 2, 2006 NOA 2

Aug 6, 2006 Case received by NVC

~Aug 12, 2006 NVC sent case to Ciudad Juarez

Aug 21, 2006 Packet 3 sent from CDJ to USC

Aug 31, 2006 USC recevied Packet 3

Oct 16-17, 2006 Medical exam and interview in Ciudad Juarez

Oct 20, 2006 Visa Issued!!!!!

Nov 16, 2006 We entered the US together! (El Paso POE as required by Juarez consulate)

Posted

Similar has also come up before on the (now badly locked) Grasmick Forum (where a woman worked in NYC while visiting there).

Basically, as he was unrecorded both ways, he's scot-free so long as he doesn't mention it at the consulate (or to USCIS)--so just "ordinary fresh" K-1 app.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Posted

Um, wouldn't that constitute material misrepresentation?

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Sometimes one can be "too honest".

Practical judgement and common sense should rule.

After all, nothing is illegal unless you get caught!

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

Posted

that would be lying, sriniv .... not something i would advocate on this website! :thumbs:

and roi ... illegal is illegal regardless if you are caught. but thanks for the insight into your character! :thumbs:

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Music___Lennon___Imagine_by_jjjean6.png

Faith: not wanting to know what is true.~Nietzsche~

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.”

~Winston Churchill~

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Filed: Country: United Kingdom
Timeline
Posted
  sriniv said:
Similar has also come up before on the (now badly locked) Grasmick Forum (where a woman worked in NYC while visiting there).

Basically, as he was unrecorded both ways, he's scot-free so long as he doesn't mention it at the consulate (or to USCIS)--so just "ordinary fresh" K-1 app.

Ooh, I disagree. Lying now makes it much worse.

There is a remedy, a waiver, and Juraez is known to be quite forgiving on the subject.

OP: check out the I-601 forum at www.immigrate2us.net

Lots of others in your shoes there.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted

A lot of you confused "holding back" something with "lying". There is a substantial difference.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Posted

There's not, not when the holding back constitutes a material misrepresentation. The forms clearly ask if the individual has ever been in the States before and how the person entered. If the OP says "no," it's a lie, whether it's one of omission or not.

We all hold things back and tell the truth selectively, but are we at VJ really going to get into the business of advising post-ers to lie or selectively omit in their dealings with USCIS/DoS? Something tells me that'd be a good way to get our operation watched very, very closely (if we're not being watched already) and shut down. No dice.

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Filed: Citizen (apr) Country: Thailand
Timeline
Posted
  meauxna said:
OP: check out the I-601 forum at www.immigrate2us.net

Lots of others in your shoes there.

If there is a simple way of handling this case, then by all means be completely honest and do it legally.

I certainly would never suggest for anyone to lie, and if anyone cares to go back and check my posts, I have always maintained "honesty is the best policy".

I'm sorry for my crack about nothing being illegal, because I was refering to the OPs fiance not getting caught being in the US illegally. Considering everything all of us are having to do to bring our SOs over here legally, I find all the illegal immigration that much worse.

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

Posted

Come to think of it, even if the OP did lie and say he'd never been in the States before, that lie would necessitate more lies. e.g. "How did you meet?" "Um...when I was in Cancun?" Which would undoubtedly be unraveled at an interview in CDJ, from what I've heard of CDJ interviews.

To the OP: Be honest in this process, always. Even if your sweetie was here illegally, that doesn't mean there's no hope for you. The ladies in the I-601 forum, many of whom have already been successful in bringing their Mexican EWI sweeties to the States, can show you how it's done. Best of luck to you. (F)

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Posted

Ok, my mistake--I didn't look at the DS-156 earlier (never had to do so previously).

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Filed: Country: Mexico
Timeline
Posted

Hi,

I am an american citizen with a mexican fiance who is here illegally. He entered without inspection and has never been caught here. I thought about lying and saying we met in Mexico and he'd never been here but if you are caught you can be fined I believe up to $250,000 and spend 5yrs in jail. Is it worth it, hell no.

If you decide to telll the truth when he goes to his interview the K1 will be denied and you will have to file the I-601 waiver to waive the 10-yr ban. Juarez approves like 98% of the waivers.

I am a member of immigrate2us.net and there is a ton of info on the I-601 there.

The whole K1 process should take about a year with the waiver. I am filing my I-129f next month in April.

We have been saving money for months now so that we will be ready for all this.

Good luck to you!!

 
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