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KennyTheShark

CR1 application, multiple EWI

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

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KennyTheShark Newbie

KennyTheShark   0

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Filed: IR-1/CR-1 Visa Country: Mexico
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Hi all! Looking for similar situations to see what we have to brace ourselves for. 

 

We are currently awaiting approval of I-130 based on marriage to US citizen both living abroad in MX. My spouse attempted to cross illegally twice in 2021 & 2022 respectively. The first time he was kicked back to Mexico within hours and the second time he got as far as the Falfurrias inspection station. FOIA only shows this second encounter. He is under the 180 days of illegal presence, but I see conflicting information if this triggers a bar or not. Per USCIS guidelines its only after accruing certain time of unlawful presence but I have seen second hand accounts of waivers being required for these situations. Would love to hear similar situations. 

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Boiler Grand Master

Boiler   45,314

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Filed: K-1 Visa Country: Wales
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Does not sound like 9C.

 

Maybe if any misrepresentation was involved. What happened after the second entry.

“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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KennyTheShark Newbie

KennyTheShark   0

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Filed: IR-1/CR-1 Visa Country: Mexico
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4 minutes ago, Boiler said:

Does not sound like 9C.

 

Maybe if any misrepresentation was involved. What happened after the second entry.

 

Sorry what’s 9C?

 

No misrepresentation. After the second entry he was taken to a holding area and sent back again within hours. No paperwork given to him, and disposition on FOIA is just stated as “Other”

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Boiler Grand Master

Boiler   45,314

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Filed: K-1 Visa Country: Wales
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Sorry 9C is a lifetime bar waiverable after 10 years, does not seem to apply.

 

My only thought otherwise if he was considered Deported and would need a I 212.

 

I have seen similar cases, usually it is more obvious what happened, but not sure there is much you can do to clarify matters before the interview.

“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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