Entry Ban Waiver

[Redro 4,611]

21 minutes ago, sidmando said:

By DQ'd, I assume you mean disqualified. No, we have not been disqualified. We completed all of the NVC submissions about 1-2 months ago and haven't heard anything further.

 

My understanding is that, in the absence of a waiver, she will automatically be deemed inadmissible at the interview as a result of the 5 year ban. It also seems to be the case that we can start on the 212 now, rather than waiting until she gets denied at the interview. That's good news, because that should shave several months off the entire process if we start now.

 

What is the CRBA process? Sorry, I'm a total novice at all of this. I had hoped I could do everything without hiring a lawyer, and all of my knowledge (or lack thereof) is based on what I have learned on this website. I do think I will probably end up hiring a lawyer to help with the waiver though.

I advise you hire a lawyer for this... especially if you want your wife and child to enter the US ASAP.. This is no longer DIY territory. 

[sidmando 15]

3 minutes ago, PGA said:

DQ is Documentarily Qualified and, if everything is accepted you'll get a message in CEAC stating that. Once you have received that message, your case will stay at NVC until it is requested by the embassy for appointment scheduling, at which point NVC will schedule the appointment and forward case to the embassy. 

 

The CRBA is Consular Report of Birth Abroad (https://pe.usembassy.gov/u-s-citizen-services/child-family-matters/birth/). If you meet the qualifications and can transmit US citizenship to the child you will need to do this to obtain a social security number and US passport for the child. 

Cool, thanks! I see you're in Peru as well and seem to be at a similar stage of the process. How long have you been waiting for an interview? Do you have a sense of what the average wait time is?

[PGA 240]

Just now, sidmando said:

Cool, thanks! I see you're in Peru as well and seem to be at a similar stage of the process. How long have you been waiting for an interview? Do you have a sense of what the average wait time is?

We were DQd on February 9th, 2021. We were guessing maybe a year to a year and a half from DQ to interview....but who knows? Several months ago, some posts on Facebook for Lima Embassy indicated that they were waiting since 2019 for IR-1 interviews and of course covid slowed things to a complete standstill, so in the end it depends on what steps the embassy takes to increase output (and being pretty familiar with the embassy here, I'm not overly confident 😆). 

[sidmando 15]

9 minutes ago, PGA said:

We were DQd on February 9th, 2021. We were guessing maybe a year to a year and a half from DQ to interview....but who knows? Several months ago, some posts on Facebook for Lima Embassy indicated that they were waiting since 2019 for IR-1 interviews and of course covid slowed things to a complete standstill, so in the end it depends on what steps the embassy takes to increase output (and being pretty familiar with the embassy here, I'm not overly confident 😆). 

Ugh. That's not good news. If that's the case the 5 year ban may very well expire before our interview. Now I don't know if it's worth spending the money on a lawyer for the waiver if there's a good chance we won't even need it...

BTW, regarding the CRBA, I looked at the link, and it seems pretty simple and straightforward. I'm a US citizen married to a Peruvian, and our daughter will be born in February. As far as I can tell there are no complicated qualifications. I guess the only question mark would be whether the fact that we got married in Peru and our marriage is not yet legally recognized in the US could present a problem. Is there anything else we should be aware of?

[Redro 4,611]

Just now, sidmando said:

Ugh. That's not good news. If that's the case the 5 year ban may very well expire before our interview. Now I don't know if it's worth spending the money on a lawyer for the waiver if there's a good chance we won't even need it...

BTW, regarding the CRBA, I looked at the link, and it seems pretty simple and straightforward. I'm a US citizen married to a Peruvian, and our daughter will be born in February. As far as I can tell there are no complicated qualifications. I guess the only question mark would be whether the fact that we got married in Peru and our marriage is not yet legally recognized in the US could present a problem. Is there anything else we should be aware of?

Your marriage is recognized in the States. There is no "registration of marriage" like in other countries... You just need to show your Peruvian marriage cert when you apply for the CRBA and follow the instructions on the relevant forms. 

[PGA 240]

3 minutes ago, sidmando said:

I guess the only question mark would be whether the fact that we got married in Peru and our marriage is not yet legally recognized in the US could present a problem. Is there anything else we should be aware of?

Not an issue, Peruvian marriage certificate and child's birth certificate with both parent's listed is fine. I also provided some documents proving my birth, residence, etc., in the US that met the requirements. Also, your marriage in Peru is recognized in the US; no separate process required. One more note, it is pretty straight-forward but the citizenship personnel can be skeptical sometimes so I recommend, if at all possible, you attend the interview for the CRBA with your spouse.  

[Crazy Cat 41,887]

10 minutes ago, sidmando said:

and our marriage is not yet legally recognized in the US

If it was a legal marriage there, you are married...everywhere. 

[sidmando 15]

4 minutes ago, PGA said:

Not an issue, Peruvian marriage certificate and child's birth certificate with both parent's listed is fine. I also provided some documents proving my birth, residence, etc., in the US that met the requirements. Also, your marriage in Peru is recognized in the US; no separate process required. One more note, it is pretty straight-forward but the citizenship personnel can be skeptical sometimes so I recommend, if at all possible, you attend the interview for the CRBA with your spouse.  

Not a problem. I've been living here in Lima since 2019, and I'll be staying here until we're able to move to the US as a family.

[Redro 4,611]

Just now, sidmando said:

Not a problem. I've been living here in Lima since 2019, and I'll be staying here until we're able to move to the US as a family.

When did you get married? You've been filing your taxes as MFS (married filing single) or filing MFJ (married filing jointly) since you got married... correct? 

[sidmando 15]

8 minutes ago, Kor2USA said:

When did you get married? You've been filing your taxes as MFS (married filing single) or filing MFJ (married filing jointly) since you got married... correct? 

Good question. Geez, this situation just keeps getting more complicated. So, I have been filing as single domiciled in the US, since all of my income is passive and US-based. Now that you ask the question, I realize I should probably have changed my filing status. Honestly, it never even occurred to me before.

 

We got married in Sept. 2019.

Edited November 21, 2021 by sidmando
Additional info

[Redro 4,611]

13 minutes ago, sidmando said:

Good question. Geez, this situation just keeps getting more complicated. So, I have been filing as single domiciled in the US, since all of my income is passive and US-based. Now that you ask the question, I realize I should probably have changed my filing status. Honestly, it never even occurred to me before.

 

We got married in Sept. 2019.

You should've been filing as MFS for your 2019 and 2020 taxes... don't know if it makes a difference to the Peruvian consulate but that's one of the ways you report your marital status... 

Edited November 21, 2021 by Kor2USA

[SalishSea 17,836]

On 11/21/2021 at 8:01 AM, sidmando said:

I guess the only question mark would be whether the fact that we got married in Peru and our marriage is not yet legally recognized in the US could present a problem.

If you really thought this was the case, how is it you would be able to petition her for a US spousal visa?

[SalishSea 17,836]

On 11/21/2021 at 8:19 AM, Kor2USA said:

When did you get married? You've been filing your taxes as MFS (married filing single) or filing MFJ (married filing jointly) since you got married... correct? 

MFS is not 'married filing single.'  It is 'married filing separately.'  

[sidmando 15]

Update: I just heard from NVC, and there are multiple problems with them documents I submitted. The original documents are in Spanish. I got a message saying "Please replace this upload with a scan of the original language document and a certified English translation." I had previously been advised on this site that I could translate the documents myself (I am fluent in Spanish) as long as I include a certificate of translation stating that I am competent to translate, but now I'm wondering if that was incorrect information. Can anyone help clarify this point? Do I need to hire a translator who is "certified"? What exactly qualifies a translator as certified?

Secondly, I got a message saying that my income does not meet the requirement and that a co-sponsor may be necessary. It says a determination will be made at the time of the interview. I can get a co-sponsor if necessary, but reading through all of the information relating to the Affidavit of Support it said that I could also qualify by showing that I have liquid assets equal to at least 5x the difference between my income and the minimum income requirement. I submitted a bank statement showing that I have more than that amount in the bank, so I thought that I wouldn't need a co-sponsor. Now I'm not sure, and I don't want to wait until the interview just to be told that I need a co-sponsor. So can anyone tell me whether I should go ahead and get a co-sponsor or whether my assets will be judged adequate to fulfill this requirement?