Getting a Visa

[SusieQQQ 11,586]

12 minutes ago, Jacob18 said:

it just sucks how it works.

Perspective. Some people think it sucks that so many people enter and stay illegally without any real consequences for it.

[aaron2020 11,651]

11 minutes ago, Jacob18 said:

Yeah I know you're right it just sucks how it works. Um one last thing. How would you file an i130? Is there some website you go to or go to some place or..?

There's a Guides section on VJ.  Read them and start the education process.  

You are starting at zero and you have a lot to learn.  

 

There is no room for making mistakes.  So, be well educated before doing anything.

Your friend will need to have a clean record except for entering the US illegally and living here.  If he has a criminal past or made a false claim of being a US citizen, he has problems.  

 

[aaron2020 11,651]

Being gay doesn't matter.  

Being able to show a real bona fide relationship and marriage is what matters.  

[Jacob18 4]

1 minute ago, aaron2020 said:

There's a Guides section on VJ.  Read them and start the education process.  

You are starting at zero and you have a lot to learn.  

 

There is no room for making mistakes.  So, be well educated before doing anything.

Your friend will need to have a clean record except for entering the US illegally and living here.  If he has a criminal past or made a false claim of being a US citizen, he has problems.  

 

Okay we will both learn all about the I-130 and and other things in the guides and other places. Thank you for clearing a bunch of stuff up everyone

[Jacob18 4]

1 minute ago, aaron2020 said:

Being gay doesn't matter.  

Being able to show a real bona fide relationship and marriage is what matters.  

How do you prove its real though. Showing that we have been together for years and lived together. Anyone could look at us and just think its fake and for getting him legal.

[aaron2020 11,651]

1 minute ago, Jacob18 said:

How do you prove its real though. Showing that we have been together for years and lived together. Anyone could look at us and just think its fake and for getting him legal.

First rule about getting help on VJ, be open and real.  Your friend has now morphed into being your boyfriend.  

How does any couple prove that they are a couple?  Shared lease.  Shared bills.  Shared life.  

Start reading on VJ.  You are not the first couple to do this.  There is no way to condense everything into this thread.  VJ is a do-it-yourself website, so you need to start reading how others have navigated the process and learn from their successes and their mistakes.  

[Jacob18 4]

3 minutes ago, aaron2020 said:

First rule about getting help on VJ, be open and real.  Your friend has now morphed into being your boyfriend.  

How does any couple prove that they are a couple?  Shared lease.  Shared bills.  Shared life.  

Start reading on VJ.  You are not the first couple to do this.  There is no way to condense everything into this thread.  VJ is a do-it-yourself website, so you need to start reading how others have navigated the process and learn from their successes and their mistakes.  

Okay. Thank u so much for your help 🤗

[HRQX 4,145]

1 hour ago, Jacob18 said:

and its not easy to waiver the 10 year ban is it?

There's been plenty of successful waiver applications. First you (the US citizen) file I-130 after you marry. Online filing is available: https://www.uscis.gov/i-130 "File Online" then later "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" Then, after I-130 is approved, it'll be sent to NVC. At NVC stage DS-260 fee will be paid. Then, he (the immigrant) will file I-601A waiver: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "Eligibility Requirements" Thus, he shouldn't leave before I-130 and I-601A are approved and you find out when the visa interview is likely to occur. That potentially minimizes his time outside the US.

59 minutes ago, SusieQQQ said:

No, the way it would work is you marry him and file an i130 for him - not an i485 (Adjustment  of status) because he can’t legally adjust.  Then, he leaves voluntarily

I disagree. They should try the I-601A provisional waiver process before leaving voluntarily. https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:

• Be physically present in the United States to file your application and provide biometrics.
• Be 17 years of age or older.
• Be in the process of obtaining your immigrant visa  and have an immigrant visa case pending with Department of State (DOS) because you:
  • Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
  • Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
  • Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
  • Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
• Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.
• Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:
  • More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
  • 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
• Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

Edited October 20, 2020 by HRQX

[Jacob18 4]

32 minutes ago, HRQX said:

Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent

How would it cause extreme hardship though? How can we prove that 

[HRQX 4,145]

17 minutes ago, Jacob18 said:

How would it cause extreme hardship though? How can we prove that 

Where is he from? Is it a region where DOS does not advise travel for high crime rate, etc. reasons? Or is it a country that doesn't recognize same-sex marriage? https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

Although a USCIS officer presented with similar scenarios as those presented in the hypotheticals could reasonably reach the same conclusions described below, extreme hardship determinations are made on a case-by case basis in the totality of the circumstances. An extreme hardship determination will always depend on the facts of each individual case.

 

Scenario 5

JK has lived continuously in the United States since entering without inspection 6 years ago. She married LM, her U.S. citizen husband, 2 years ago. JK seeks a waiver on the basis that LM would suffer extreme hardship if JK were denied admission to the United States. JK and LM live near LM’s family and friends, and LM has spent little time traveling abroad. He does not speak the language of the country to which JK would return if she is denied admission, and LM’s employment opportunities in that country would be less desirable than in the United States. 

Additionally, DOS has issued a travel warning that strongly advises against travel to specific regions in the country to which JK would return, including the region where her family lives. The region-specific warning affirmatively recommends against non-essential travel to that region, citing the high rate of kidnapping and murder. LM submits a credible, sworn statement indicating that due to his recent marriage, the difficulties JK would face in her country, and his commitment to supporting her however possible, he would relocate to remain with JK if she is denied a waiver. 

Analysis of Scenario 5

The totality of these circumstances generally would favor a finding of extreme hardship, significantly in light of the nature and severity of the DOS travel warning. Although the other hardships present in the case are common consequences of relocation, LM has also demonstrated that he will return to the region of a country that is the subject of the DOS travel warning, which advises against non-essential travel to that region. The travel warning recommending against travel to that particular region of that country to which LM would relocate is a particularly significant factor that would often weigh heavily in support of a finding of extreme hardship. If the travel warning were less severe or only temporary, the warning would not qualify as a particularly significant factor but would be another factor to be considered in the totality of the circumstances by the officer.

Alternatively, in some circumstances where DOS has issued travel warnings with regard to a particular region of a country, the applicant and qualifying relative may relocate to a different region of the country that is not subject to a travel warning. In such a situation, the fact of the region-specific travel warning would not itself constitute a particularly significant factor; however, the hardships arising from relocating to another region of the country remains a factor to be considered and may result in a finding of extreme hardship, based on the totality of the circumstances. ^[22] 

Scenario 6

OP has lived continuously in the United States since entering without inspection 7 years ago. After dating and living together for 5 years, OP married her same-sex partner SQ, a U.S. citizen. OP seeks a waiver claiming that SQ would suffer extreme hardship if OP were denied admission to the United States. SQ submits a credible, sworn statement indicating that she would remain in the United States and separate from OP if the waiver is denied. 

SQ owns a business in the United States, and OP has continuously supported the business, including by helping out as an office manager. SQ would not be able to keep the business running successfully without OP because of the expense of hiring an office manager. In addition, the DOS country report indicates that women in OP’s country of relocation generally may not work outside the home except in an extremely limited set of professions (such as teaching) for which OP is not qualified. 

The country report also indicates that same-sex marriages are not recognized in that country, that same-sex sexual conduct is illegal, and that official societal discrimination and harassment (in some circumstances even giving rise to physical threats or harm) based on sexual orientation or gender identity is prevalent in many areas of life. 

Based on these factors, SQ fears OP would be discriminated against and potentially be at risk of physical harm based on her sexual orientation. SQ has been in therapy due to depression and anxiety after she learned that her wife may be denied admission to the United States and that her wife would have to remain in a country where she risks discrimination and physical harm. The couple does not provide other evidence of hardship.

Analysis of Scenario 6

These facts would generally favor a finding of extreme hardship. SQ would face serious economic detriment if OP is denied admission. In addition, the country reports show that SQ’s marriage to OP would not be recognized in OP’s native country, and that OP’s marriage to a person of the same gender is a common cause for social ostracism, discrimination, and potential physical danger in OP’s native country. The country reports further show that OP’s access to education, employment and health care could be limited due to OP’s sexual orientation and gender, thereby negatively affecting OP’s subsistence. 

SQ would face psychological trauma based on the fear that OP would be harassed or threatened because of her sexual orientation. SQ’s trauma based on her fear that OP will be ostracized and persecuted in OP’s native country based on her sexual orientation and gender are factors that in the totality of circumstances would ordinarily rise to the level of extreme hardship.

[Jacob18 4]

12 minutes ago, HRQX said:

Where is he from? Is it a region where DOS does not advise travel for high crime rate, etc. reasons? Or is it a country that doesn't recognize same-sex marriage? https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

Although a USCIS officer presented with similar scenarios as those presented in the hypotheticals could reasonably reach the same conclusions described below, extreme hardship determinations are made on a case-by case basis in the totality of the circumstances. An extreme hardship determination will always depend on the facts of each individual case.

 

Scenario 5

JK has lived continuously in the United States since entering without inspection 6 years ago. She married LM, her U.S. citizen husband, 2 years ago. JK seeks a waiver on the basis that LM would suffer extreme hardship if JK were denied admission to the United States. JK and LM live near LM’s family and friends, and LM has spent little time traveling abroad. He does not speak the language of the country to which JK would return if she is denied admission, and LM’s employment opportunities in that country would be less desirable than in the United States. 

Additionally, DOS has issued a travel warning that strongly advises against travel to specific regions in the country to which JK would return, including the region where her family lives. The region-specific warning affirmatively recommends against non-essential travel to that region, citing the high rate of kidnapping and murder. LM submits a credible, sworn statement indicating that due to his recent marriage, the difficulties JK would face in her country, and his commitment to supporting her however possible, he would relocate to remain with JK if she is denied a waiver. 

Analysis of Scenario 5

The totality of these circumstances generally would favor a finding of extreme hardship, significantly in light of the nature and severity of the DOS travel warning. Although the other hardships present in the case are common consequences of relocation, LM has also demonstrated that he will return to the region of a country that is the subject of the DOS travel warning, which advises against non-essential travel to that region. The travel warning recommending against travel to that particular region of that country to which LM would relocate is a particularly significant factor that would often weigh heavily in support of a finding of extreme hardship. If the travel warning were less severe or only temporary, the warning would not qualify as a particularly significant factor but would be another factor to be considered in the totality of the circumstances by the officer.

Alternatively, in some circumstances where DOS has issued travel warnings with regard to a particular region of a country, the applicant and qualifying relative may relocate to a different region of the country that is not subject to a travel warning. In such a situation, the fact of the region-specific travel warning would not itself constitute a particularly significant factor; however, the hardships arising from relocating to another region of the country remains a factor to be considered and may result in a finding of extreme hardship, based on the totality of the circumstances. ^[22] 

Scenario 6

OP has lived continuously in the United States since entering without inspection 7 years ago. After dating and living together for 5 years, OP married her same-sex partner SQ, a U.S. citizen. OP seeks a waiver claiming that SQ would suffer extreme hardship if OP were denied admission to the United States. SQ submits a credible, sworn statement indicating that she would remain in the United States and separate from OP if the waiver is denied. 

SQ owns a business in the United States, and OP has continuously supported the business, including by helping out as an office manager. SQ would not be able to keep the business running successfully without OP because of the expense of hiring an office manager. In addition, the DOS country report indicates that women in OP’s country of relocation generally may not work outside the home except in an extremely limited set of professions (such as teaching) for which OP is not qualified. 

The country report also indicates that same-sex marriages are not recognized in that country, that same-sex sexual conduct is illegal, and that official societal discrimination and harassment (in some circumstances even giving rise to physical threats or harm) based on sexual orientation or gender identity is prevalent in many areas of life. 

Based on these factors, SQ fears OP would be discriminated against and potentially be at risk of physical harm based on her sexual orientation. SQ has been in therapy due to depression and anxiety after she learned that her wife may be denied admission to the United States and that her wife would have to remain in a country where she risks discrimination and physical harm. The couple does not provide other evidence of hardship.

Analysis of Scenario 6

These facts would generally favor a finding of extreme hardship. SQ would face serious economic detriment if OP is denied admission. In addition, the country reports show that SQ’s marriage to OP would not be recognized in OP’s native country, and that OP’s marriage to a person of the same gender is a common cause for social ostracism, discrimination, and potential physical danger in OP’s native country. The country reports further show that OP’s access to education, employment and health care could be limited due to OP’s sexual orientation and gender, thereby negatively affecting OP’s subsistence. 

SQ would face psychological trauma based on the fear that OP would be harassed or threatened because of her sexual orientation. SQ’s trauma based on her fear that OP will be ostracized and persecuted in OP’s native country based on her sexual orientation and gender are factors that in the totality of circumstances would ordinarily rise to the level of extreme hardship.

He is from Mexico. I dont remember where in Mexico I will ask him about it but I dont know whether same sex marriage is legal there or anything about travel restrictions. I'll figure it out and read more of those scenarios to show extreme hardship, thank you.

[Lucky2Lucky 2,526]

1 hour ago, Jacob18 said:

He is from Mexico. I dont remember where in Mexico I will ask him about it but I dont know whether same sex marriage is legal there or anything about travel restrictions. I'll figure it out and read more of those scenarios to show extreme hardship, thank you.

Same sex marriage is legal in Mexico 

[Mansini77 100]

Well, without getting into what is fair and what is not fair on the matter of this illegal entry adult, I'll put in my post as I have gone through this process.  I'll try to keep the terminology as simple as possible.

 

1)The individual who entered the country illegally must either marry a US citizen or a Permanent Green Card Holder

 

2)The married couple must then file an I-130.  The US citizen is petitioning the USCIS for their relative.  In this case, the foreign spouse.  Fill out one for the US petitioner and one for the spouse.  Answer all questions to the best of your knowledge and DO NOT LIE.  This step could take from 6 to 12 months.

 

3)After USCIS as approved the I-130, the next step is to file an I-601a.  It is a waiver for illegal presence in the United States.  You must prove "Extreme Hardship" to the US petitioner should the foreign spouse not be allowed to stay in the United States.  The form itself is pretty easy to fill out, however you must prove to the USCIS of extreme hardship with documentation.  That includes doctors and psychologists.   I cannot emphasize "Extreme Hardship" enough.  Writing a sappy letter telling USCIS how heartbroken the US citizen will be without their spouse is not extreme hardship.  The extreme hardship must be proven and it must only be to the US citizen, not to the foreign born spouse.  Approval of the I-601a could take as long as another 6 months to a year.  

 

4)More documentation to the NVC like an I-865 must be submitted.  I mean...the US citizen is technically sponsoring the foreign born spouse.  So you'll need to prove that you can provide for him or her financially as well.  

 

5)  After all the NVC matters are finished, now is the time for the spouse to travel back to their country of origin, Mexico.  The NVC will schedule an appointment with the US Consulate in Juarez more than likely.  Plan on being in Juarez for a week or two.  Before the Consulate appointment, the spouse will need a medical exam by a medical clinic near the US Consulate.  The US Consulate will then interview the spouse and ask a series of questions.  Who is your US spouse?  What children do you have together?  Things the Consulate will already know prior to the interview based on your USCIS and NVC paperwork.  There, in this day of judgement, the spouse will be given the answer Yes or No.  If Yes, then their entry visa stamped on their passport will be ready to pickup in a couple of days and he/she will be able to cross back into the US.  If No...well, i don't think I need to elaborate much of that outcome.

 

I may have left a few smaller details out, but those are the main bulletpoints of what is to come should anyone decide to go this route. 

 

So, have I talked you or whoever it concerns out of it yet?  This isn't for the faint of heart or something where you fill out a couple of forms and pay a few hundred dollars to get things straightened out.  If you, or whoever it is, goes this route, the US petitioner and their spouse need to be FULLY invested in this process 100%.    Maybe a sit down with a competent experienced immigration attorney will put your minds at ease.  

[Jacob18 4]

6 minutes ago, Mansini77 said:

Well, without getting into what is fair and what is not fair on the matter of this illegal entry adult, I'll put in my post as I have gone through this process.  I'll try to keep the terminology as simple as possible.

 

1)The individual who entered the country illegally must either marry a US citizen or a Permanent Green Card Holder

 

2)The married couple must then file an I-130.  The US citizen is petitioning the USCIS for their relative.  In this case, the foreign spouse.  Fill out one for the US petitioner and one for the spouse.  Answer all questions to the best of your knowledge and DO NOT LIE.  This step could take from 6 to 12 months.

 

3)After USCIS as approved the I-130, the next step is to file an I-601a.  It is a waiver for illegal presence in the United States.  You must prove "Extreme Hardship" to the US petitioner should the foreign spouse not be allowed to stay in the United States.  The form itself is pretty easy to fill out, however you must prove to the USCIS of extreme hardship with documentation.  That includes doctors and psychologists.   I cannot emphasize "Extreme Hardship" enough.  Writing a sappy letter telling USCIS how heartbroken the US citizen will be without their spouse is not extreme hardship.  The extreme hardship must be proven and it must only be to the US citizen, not to the foreign born spouse.  Approval of the I-601a could take as long as another 6 months to a year.  

 

4)More documentation to the NVC like an I-865 must be submitted.  I mean...the US citizen is technically sponsoring the foreign born spouse.  So you'll need to prove that you can provide for him or her financially as well.  

 

5)  After all the NVC matters are finished, now is the time for the spouse to travel back to their country of origin, Mexico.  The NVC will schedule an appointment with the US Consulate in Juarez more than likely.  Plan on being in Juarez for a week or two.  Before the Consulate appointment, the spouse will need a medical exam by a medical clinic near the US Consulate.  The US Consulate will then interview the spouse and ask a series of questions.  Who is your US spouse?  What children do you have together?  Things the Consulate will already know prior to the interview based on your USCIS and NVC paperwork.  There, in this day of judgement, the spouse will be given the answer Yes or No.  If Yes, then their entry visa stamped on their passport will be ready to pickup in a couple of days and he/she will be able to cross back into the US.  If No...well, i don't think I need to elaborate much of that outcome.

 

I may have left a few smaller details out, but those are the main bulletpoints of what is to come should anyone decide to go this route. 

 

So, have I talked you or whoever it concerns out of it yet?  This isn't for the faint of heart or something where you fill out a couple of forms and pay a few hundred dollars to get things straightened out.  If you, or whoever it is, goes this route, the US petitioner and their spouse need to be FULLY invested in this process 100%.    Maybe a sit down with a competent experienced immigration attorney will put your minds at ease.  

Everything you just said made it sound super simple,but then at the end you're saying that its really hard and that you talked us out of it? Ummm. Now im worried is it not easy with everything you said it seems doable. The only real worry i have with everything you mentioned is the extreme hardship. That's definitely something I'd have to get figured out perfectly beforehand.

[HRQX 4,145]

10 minutes ago, Mansini77 said:

Fill out one for the US petitioner and one for the spouse.

To clarify the US citizen fills out I-130 and the immigrant spouse fills out I-130A supplement: https://www.uscis.gov/sites/default/files/document/forms/i-130a.pdf

12 minutes ago, Mansini77 said:

4)More documentation to the NVC like an I-865 must be submitted.

*I-864 https://www.uscis.gov/i-864