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Filed: K-1 Visa Country: Mexico
Timeline
Posted

Good Afternoon and I am hoping someone can help me because the embassy is closed for the weekend.   We went to our interview and it went very differently than others have experienced.  1. they let my fiance leave the interview 3 times to retrieve documents during the interview.  2. they interviewed both parties in Mexico City.  They asked for one additional item which is a certified original or a divorce decree.   I am supposed to upload this to a website that was listed on the instructions that is so faint I can hardly read it,   as best as I can after expanding it and having 10 people look at it... is this website  https://ais.usvisa.info.com/en-ins.iv  

 

However it does not exist.  Does anyone have the website for this process I was asked to complete.  I have been without my fiance for almost four years and this is the final document they  need   thank you in advance!

Posted
On 10/14/2022 at 3:07 PM, vibrantone said:

I have been without my fiance for almost four years and this is the final document they  need   thank you in advance!

Good luck and good wishes in wrapping up fast; 4 year wait is very long indeed.

 

Can you please post what documents your fiancé was asked to retrieve? 

Was she not carrying the original divorce with her to the interview? 


Sounds like they allowed you to go inside and asked you questions as well…what were they? 


When did you file ? 
 

Filed: K-1 Visa Country: Mexico
Timeline
Posted
6 hours ago, Family said:

Good luck and good wishes in wrapping up fast; 4 year wait is very long indeed.

 

Can you please post what documents your fiancé was asked to retrieve? 

Was she not carrying the original divorce with her to the interview? 


Sounds like they allowed you to go inside and asked you questions as well…what were they? 


When did you file ? 
 

My fiance was deported in 2019 we had lived together for several years before this date.  He left about 50k in personal property that I had to deal with and store so it took awhile to come up with the funds to process the visa application which started in February 2021.  He had gone the day before and gave them everything, but they wanted an updated i134 they would not accept the one I submitted in June of 2022 or july 2022.  We turned that in the very next day at the appointment, except I forgot to sign it because we did the online fill in and in the rush to get all the copies.  That was the first time he came out, Than they asked for tax returns that he took in with him and they never asked and looked at them at all, the third time he came out he asked for more photos, which he had about 100 with him...  He went back in and than they asked for me and gave us directions on how to lock everything up ( phone, other documents, lap top , back pack)...  They let us sit together and than called us into separate rooms.  I was asked the following.  1. How do my grown children feel about the marriage.  2. How was I accepted by his family  3. How did I meet my fiance  4. What do we do in our free time when he lived in the states  5. what are our plans for the next five years.  She stopped all the questions when I told her I am a license bonded security agent at the Convention Center and work 12 hour days. They made all this fuss about i134 and tax returns, but never looked at them.  My fiance did bring his receipts and titles for vehicles in the states to show he has assets in the US.    Regarding the singed order for the divorce, it was accepted in my prior marriage ( that husband is deceased).  My exhusband in the marriage has been married 5 times, its a signed order.  However I am in contact with Utah self help center and so far there is a path to applying for a divorce decree as a formal certificate or the decree the judge signed can be certified by the governors office, I am waiting for them to tell me what avenue we will be taking.     My fiance and I have legal documents (banks, insurance , titles, drivers licenses, cell phone, cable) that have us living together for so many years, 10 years on facebook, connected.. you would think this  would be a no brainer.    

Posted

Excellent planning on your part to accompany him to the interview. 
Separating you for questions  means they conducted a Stokes interview. 
 

But bigger issues are your Fiancés previous time in the US .

.when did he enter the US ? 

..how long did he live in the US?

..was he “ deported “ in 2019 through EOIR court order of removal,.OR was he turned away at the border w Expedited Removal?

 

Did you DIY the I-129 F? …cause I would expect any attorney would have advised you marry and file I-130 instead.

 

Your Utah divorce signed by Judge was effective when Judge signed it ..so  assuming you had a certified copy ..no other actions on that divorce would be required.

https://archives.utah.gov/research/guides/divorce.html
 

Filed: K-1 Visa Country: Mexico
Timeline
Posted

My fiance had been in this country 15 years, speaks perfect english. He should have applied to be legal, he should of.  I had no idea what was going on until I got a phone call.  He was arrested in a park and charged with a DUI.  He was not drunk, it was 9 am and he had a beer and one shot of tequila at 1AM.  But, they told him if he pleaded to the DUI they would voluntary deport him allowing him to come back.  If he fought them they would remove with prejudice and it would be 15 years, so it was a bunch of nonsense.  I was so upset about the entire thing as I had a lot of his expenses I had to cover till I got things situated to be able to apply for the fiance visa.  I do not really want to get married in Mexico, we could have but we both prefer to do our marriage in the US as my dream wedding is an Elvis wedding, so we did speak to attorneys and they both said, it would be the same time.  So, I work with a bunch of officers and they just told me to file it myself because we had to much legal history together.

 

Its a signed order, ordering the divorce and other distributions and custody all on the same order and it is certified, but they want a divorce decree.  I spoke with Utah and I guess we can fill out a form and do it that way or order another certified copy and go through the governors office with some additional seal , they are not accepting the one I have which is ridiculous.  I agree,  It literally reads in capital letters   JUDGEMENT AND DECREE  (UNDERLINED).. it is hereby ORDERED, ADJUDGED and DECREED as follows:   1. That the Plaintiff and Defendant are hereby awarded a Decree of Divorce, and the bonds of holy matrimony  that have hereto-fore fore exited between Plaintiff and Defendant are hereby dissolved the same to become final upon filling and signing by the court.

 

 

Sounds like a decree to me and its a cerified copy.  

Posted

Ok, so he got VD ( voluntary departure) and not a deportation order…They pressured him into signing the VD w scare tactics, it happens.

 

….but those attorneys you consulted should have told you that he will need an I-601 Waiver for Unlawful Presence ..and that inadmissibility won’t be found til he gets to the interview…and hardship to Spouse is always given more weight than to a fiancé….

 

I would press hard to get a Decision NOW before you waste any more time hoping ,..start emailing Embassy, ask your Congressman for help in getting A DECISION IN WRITING from the Consulate, as it will most definitely contain inadmissibility for unlawful presence .

 

I think the divorce issue was/is a red herring meant to delay / distract til file goes up the chain for decision and review. A certified copy just means it has some stamp/seal usually raised or red color and contains wording to that effect..you would know .

Posted

Best course of action is to get that decision from the Consulate .. and perhaps consult another attorney asking them specifically to advise you if ULP ( 10 year bar is triggered by VD where there had been more than one year of accused unlawful presence.

 

 

https://www.alllaw.com/articles/nolo/us-immigration/voluntary-departure-deportation.html

However, if you have been unlawfully present for one year or more, you do NOT avoid the ten-year bar.

 

 

https://www.ilrc.org/sites/default/files/resources/understanding_unlawful_presence_march_2019.pdf


The three-year bar and removal proceedings
The three-year bar is only triggered when a person voluntarily departs the United States before being placed in removal proceedings. If the person is placed in proceedings, then receives voluntary departure from the judge or is ordered deported, and leaves after 180 days in the United States but prior to accruing one year of unlawful presence, they will not fall under the three-year unlawful presence bar. Thus, someone with more than 180 days of unlawful presence who is placed in removal proceedings can accept voluntary departure and leave before one year, avoiding needing a waiver of unlawful presence in order to consular process. This is a useful strategy for those already in relationships that would support a family-based visa petition.


In contrast, the ten-year bar is triggered regardless of the circumstances in which the person leaves the United States (unless they leave pursuant to a grant of advance parole, see above). The ten-year bar will include any departure from the United States, whether the person decides to leave on their own or is required to depart pursuant to removal proceedings.2

Filed: K-1 Visa Country: Mexico
Timeline
Posted
On 10/18/2022 at 5:39 PM, Family said:

Ok, so he got VD ( voluntary departure) and not a deportation order…They pressured him into signing the VD w scare tactics, it happens.

 

….but those attorneys you consulted should have told you that he will need an I-601 Waiver for Unlawful Presence ..and that inadmissibility won’t be found til he gets to the interview…and hardship to Spouse is always given more weight than to a fiancé….

 

I would press hard to get a Decision NOW before you waste any more time hoping ,..start emailing Embassy, ask your Congressman for help in getting A DECISION IN WRITING from the Consulate, as it will most definitely contain inadmissibility for unlawful presence .

 

I think the divorce issue was/is a red herring meant to delay / distract til file goes up the chain for decision and review. A certified copy just means it has some stamp/seal usually raised or red color and contains wording to that effect..you would know .

Oddly enough the only problem is getting the divorce certificate, however there is a process the governor can do called (Apostille) to have him certify the document we have because no one can find even the filing.  The case number we have is five digits, they are nine now and both the judge and attorneys are all deceased.  The consulate only wants this document and he is cleared for his Visa.  There was some plea bargain deal that he would be allowed back into this country without penalty so we never addressed it and neither did the consulate.  thank you for all your info.

On 10/18/2022 at 6:59 PM, Family said:

Best course of action is to get that decision from the Consulate .. and perhaps consult another attorney asking them specifically to advise you if ULP ( 10 year bar is triggered by VD where there had been more than one year of accused unlawful presence.

 

 

https://www.alllaw.com/articles/nolo/us-immigration/voluntary-departure-deportation.html

However, if you have been unlawfully present for one year or more, you do NOT avoid the ten-year bar.

 

 

https://www.ilrc.org/sites/default/files/resources/understanding_unlawful_presence_march_2019.pdf


The three-year bar and removal proceedings
The three-year bar is only triggered when a person voluntarily departs the United States before being placed in removal proceedings. If the person is placed in proceedings, then receives voluntary departure from the judge or is ordered deported, and leaves after 180 days in the United States but prior to accruing one year of unlawful presence, they will not fall under the three-year unlawful presence bar. Thus, someone with more than 180 days of unlawful presence who is placed in removal proceedings can accept voluntary departure and leave before one year, avoiding needing a waiver of unlawful presence in order to consular process. This is a useful strategy for those already in relationships that would support a family-based visa petition.


In contrast, the ten-year bar is triggered regardless of the circumstances in which the person leaves the United States (unless they leave pursuant to a grant of advance parole, see above). The ten-year bar will include any departure from the United States, whether the person decides to leave on their own or is required to depart pursuant to removal proceedings.2

thank you

Filed: K-1 Visa Country: Mexico
Timeline
Posted
On 10/21/2022 at 4:45 PM, Family said:

If Utah Vital Statistics is telling you “ no records found “, then it’s worth getting that in writing, as they are the Custodian of Records and consulate will accept that …along with the Apostile on the original you have in hand. 
 

Thank you for your generous support.  So, after 50 emails and 9 phone calls.  I emailed the governor with all the responses and asked if he could produce a document that states they cannot find the records and apostile  the document we have.... that was 4 days ago.  Today I got an email from Vital statistics that my order was being shipped when the wait time was to be 3 weeks... your a genius

Posted
4 minutes ago, vibrantone said:

Thank you for your generous support.  So, after 50 emails and 9 phone calls.  I emailed the governor with all the responses and asked if he could produce a document that states they cannot find the records and apostile  the document we have.... that was 4 days ago.  Today I got an email from Vital statistics that my order was being shipped when the wait time was to be 3 weeks... your a genius

Your spouse owes you Big Time!…Kudos to your determination and work

Filed: K-1 Visa Country: Mexico
Timeline
Posted
On 10/18/2022 at 8:47 AM, trac3rt said:

That's the wrong link.

 

The correct link is:

 

https://ais.usvisa-info.com/en-mx/iv/

 

Login and there should be a button in there to upload additional documents.

 

On 10/18/2022 at 8:47 AM, trac3rt said:

That's the wrong link.

 

The correct link is:

 

https://ais.usvisa-info.com/en-mx/iv/

 

Login and there should be a button in there to upload additional documents.

hi  that link does not have an area to upload documents.   by any chance do you have another one?

Filed: K-1 Visa Country: Mexico
Timeline
Posted
1 hour ago, trac3rt said:

It is there. You have to look for it

 

Untitled.png.a4323f125d4b9e427a9149313739a77b.png

 

 

Its not letting me go any further without an additional payment for the visa which has already been paid for.  So I sent an email to their contact email address which did nothing but tell me they have nothing to do with the website and told me to contact the embassy directly with this email visas_mexico@state.gov .    I went ahead and ordered a second set of certified divorce papers and have them being sent to the embassy through certified mail, which takes 6 to 10 days because no one will help of clear the need for the additional payment, which the first email address gives you instructions to contact them to have it removed and directly tells you NOT TO PAY IT BECAUSE ITS NOT REFUNDABLE  at this email address....mexico_contactus@visaops.net    We are just stuck in this holding pattern.....

 
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