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CR1 Visa and previous deportation

By Lames in IR-1 / CR-1 Spouse Visa Process & Procedures

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Lames Newbie

Lames   0

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Hello!

 

I am so glad to find this resource, I appreciate everyone's time.

 

I have been dating a woman in Mexico for the last year and we are looking to get married in Sept. we have a concern though as she was deported from the US 4.5 years ago for working on a tourist visa (she is a musician and was playing at a festival where she got paid for some stage and backline work). My question is that is this grounds for denial of a CR1 visa? We have documentation that her deportation was for working.

 

I also am just starting to get myself familiar with this process and looking at current trends/times for processing. For the country statistics under CR-1 / IR -1 Visa Timeline Statistics it lists Mexico as 860 days average between NOA2 and Interview. I notice some countries are much shorter. Is this because Mexico is a higher place for immigration fraud causing the longer wait times? 

 

Thanks for your time and help :)

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

Expedited removal?  5 year ban?  

Mexico has a long wait time between NOA2 and interview due to the number of people already in line. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Lames Newbie

Lames   0

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24 minutes ago, Crazy Cat said:

Expedited removal?  5 year ban?  

Yes, that is correct with her situation!

 

25 minutes ago, Crazy Cat said:

Mexico has a long wait time between NOA2 and interview due to the number of people already in line. 

Makes sense, thank you!

The processing time to fix her tourist visa is also very long-- her apt is in 2025. Another question I have is since I work remote is me going to Mexico for 1-2 months at a time to spend time together while the process of getting her CR1 visa okay? Appreciate all the adivce!

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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13 minutes ago, Lames said:

Another question I have is since I work remote is me going to Mexico for 1-2 months at a time to spend time together while the process of getting her CR1 visa okay?

Not an issue.  Just be prepared to show that you actually have domicile in the US.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,814

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
59 minutes ago, Lames said:

Yes, that is correct with her situation!

I assume she is close to the end of that ban. If so, the ban will probably expire before her visa interview .

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,449

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Filed: K-1 Visa Country: Wales
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It will be some time before she in interviewed and the CO will determine any bans 

 

In the meantime assuming she is unclear she can request a FOIA that may indicate som of the issues 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SalishSea Grand Master

SalishSea   17,803

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted (edited)
8 hours ago, Lames said:

Yes, that is correct with her situation!

 

Makes sense, thank you!

The processing time to fix her tourist visa is also very long-- her apt is in 2025. Another question I have is since I work remote is me going to Mexico for 1-2 months at a time to spend time together while the process of getting her CR1 visa okay? Appreciate all the adivce!

I can't see her ever getting another tourist visa, honestly.

 

Sounds like her ban is nearly over, so she won't need a waiver, but it will take at least two years for her to get an immigrant visa.

Edited by SalishSea
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limegreenbowler Apprentice

limegreenbowler   45

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Even if her five year bar expires, working on a tourist visa will often lead to a finding of misrepresentation at the interview (it's very context dependent), which will require an I-601, but there's no way to know until the interview itself and no way to apply for an I-601 for this in advance.

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