does it make a difference working with an attorney in your state?

[geowrian 22,337]

Just now, Daniel G said:

when you say interview do you mean the I-130 interview? . so first the US authorizes have to approve the marriage before moving forward with any waiver? 

I was referring to the visa interview.

 

Can you explain your situation a little more...

1) Are you already married or do you plan to marry? In the original post you said American spouse. A little above you mentioned marrying your American GF.

2) Are you inside or outside the US right now?

[Daniel G 2]

1 minute ago, geowrian said:

I was referring to the visa interview.

 

Can you explain your situation a little more...

1) Are you already married or do you plan to marry? In the original post you said American spouse. A little above you mentioned marrying your American GF.

2) Are you inside or outside the US right now?

Why do I need a visa interview? I already know I will get rejected after I was deported from the US.

Im not married yet. my girlfriend is american. she lives in the US. Im outside of the us for now. Im trying to figure if this whole thing can work and I can come back some how.

[geowrian 22,337]

8 minutes ago, Daniel G said:

Why do I need a visa interview? I already know I will get rejected after I was deported from the US.

Im not married yet. my girlfriend is american. she lives in the US. Im outside of the us for now. Im trying to figure if this whole thing can work and I can come back some how.

Gotcha.

 

If you are looking for a visa to come to the US to stay, your most direct path is either:

1) Apply for a K-1 (fiance/fiancee) visa; or

2) Marry (anywhere in the world) then apply for a CR-1 (spousal) visa. This is probably a better option given the total timeline involved of your circumstances.

 

The process is:

1) USC fIles petition in US

2) NVC processing of approved petition

3) Consulate processing for visa. This is where you would interview.

 

Either visa would be refused after the interview so long as the ban is in effect. If you need an I-601 (or I-601 and I-212), then the waiver(s) would be filed to waive the ban(s). The reason is an I-601 must be associated with a current visa application.

If only an I-212 is needed, this waiver can be filed at any time...no need to wait for a visa refusal fist.

Edited April 30, 2020 by geowrian

[Daniel G 2]

3 minutes ago, geowrian said:

Gotcha.

 

If you are looking for a visa to come to the US to stay, your most direct path is either:

1) Apply for a K-1 (fiance/fiancee) visa; or

2) Marry (anywhere in the world) then apply for a CR-1 (spousal) visa. This is probably a better option given the total timeline involved of your circumstances.

 

The process is:

1) USC fIles petition in US

2) NVC processing of approved petition

3) Consulate processing for visa. This is where you would interview.

 

Either visa would be refused after the interview so long as the ban is in effect. If you need an I-601 (or I-601 and I-212), then the waiver(s) would be filed to waive the ban(s). The reason is an I-601 must be associated with a current visa application.

If only an I-212 is needed, this waiver can be filed at any time...no need to wait for a visa refusal fist.

wow. thank you so much!!!!! I really appreciate it. so it fair to say I-212 by it self is a much better situation  then needed the I-601 as well? hypothetically If I file for the CR-1 tomorrow  (no CO virus situation) how long will it take until I will get an interview.. realistically .

 

in both I-212 AND 601 you have to prove extreme hardship? 

[geowrian 22,337]

4 minutes ago, Daniel G said:

wow. thank you so much!!!!! I really appreciate it. so it fair to say I-212 by it self is a much better situation  then needed the I-601 as well? hypothetically If I file for the CR-1 tomorrow  (no CO virus situation) how long will it take until I will get an interview.. realistically .

 

in both I-212 AND 601 you have to prove extreme hardship? 

The CR-1 means you must legally marry first. Then the petition can be filed.

Yes, a solo I-212 would be optimal since you could probably have that approved before the interview even occurs.

The I-601 timeline is around a year or so last I saw, so it certainly extends the wait to be reunited considerably.

A hardship would be required as well. That's where having an attorney preset the case really comes in handy and where I think you get your money's worth. The paperwork for the petition and NVC is often DIY. It's the waiver where professional assistance shines.

 

The I-130 petition for a spouse typically takes ~6-10 months depending on service center. Then add a few months at NVC. Then a few months for an interview at most consulates. The timeline from I-130 petition to interview is taking around 12-16 months on average right now.

These are what people who filed ~12-16 months ago waited...this can obviously change (in either direction) for anybody filing today.

[Daniel G 2]

28 minutes ago, geowrian said:

The CR-1 means you must legally marry first. Then the petition can be filed.

Yes, a solo I-212 would be optimal since you could probably have that approved before the interview even occurs.

The I-601 timeline is around a year or so last I saw, so it certainly extends the wait to be reunited considerably.

A hardship would be required as well. That's where having an attorney preset the case really comes in handy and where I think you get your money's worth. The paperwork for the petition and NVC is often DIY. It's the waiver where professional assistance shines.

 

The I-130 petition for a spouse typically takes ~6-10 months depending on service center. Then add a few months at NVC. Then a few months for an interview at most consulates. The timeline from I-130 petition to interview is taking around 12-16 months on average right now.

These are what people who filed ~12-16 months ago waited...this can obviously change (in either direction) for anybody filing today.

thanks again. how can I figure it out for sure if I have the 3 years bar or not? I dont really understand the calculation with the 180 to year timeline. 

[geowrian 22,337]

43 minutes ago, Daniel G said:

thanks again. how can I figure it out for sure if I have the 3 years bar or not? I dont really understand the calculation with the 180 to year timeline. 

What visa did you enter on? What date did the I-94 stamp show you were allowed to stay until? You can also look up the I-94 online: https://i94.cbp.dhs.gov/I94/

At 180 days past that date, you have a 3 year bar. At 1 year past that date, you have a 10 year bar.

[Daniel G 2]

9 minutes ago, geowrian said:

What visa did you enter on? What date did the I-94 stamp show you were allowed to stay until? You can also look up the I-94 online: https://i94.cbp.dhs.gov/I94/

At 180 days past that date, you have a 3 year bar. At 1 year past that date, you have a 10 year bar.

so its over a year after checking. does that mean that no matter what I will have to file for 2 waivers.

[geowrian 22,337]

3 minutes ago, Daniel G said:

so its over a year after checking. does that mean that no matter what I will have to file for 2 waivers.

Yes, an I-212 and I-601 will be required (unless those bans expire, of course).

[Daniel G 2]

1 minute ago, geowrian said:

Yes, an I-212 and I-601 will be required (unless those bans expire, of course).

I really wish to thank you for your time. your better than 99% of the lawyers I talked to.