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Met over 2 years ago but still approved? [merged threads]

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Filed: K-1 Visa Country: Mexico
Timeline

This is a long story/question so I hope someone reads it :)

I lived in the US several years (illegally). I left the US voluntarily. I applied for visitors visa and was denied and got a 10 year ban that ended Aug 2015.

My GF and I decided we should get married. We submitted the paperwork and last week received an approved NOA2 and are now waiting for NVC case number to set up an appointment.

I am assuming because NOA2 was approved by USCIS I will not have an issue with this during the interview? I understand they can ask about it, just afraid I may get denied because of it.

*I guess the real question is "will USCIS check your immigration status before approving your K-1"

Edited by ares1
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I thought for as far as bans go, any other kind of visas will not change the fact you're not able to enter the United Stated for how long your ban is.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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Filed: K-1 Visa Country: Mexico
Timeline

I thought for as far as bans go, any other kind of visas will not change the fact you're not able to enter the United Stated for how long your ban is.

Not sure I understand your answer. The ban should have only lasted 10 years. The ten year period was over in 2015. Wouldn't they have seen this when they did a back ground check on me?

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Filed: K-1 Visa Country: Mexico
Timeline

when ws the last time you saw your girlfriend face to face ?

Sorry I messed up the title. We met two years from when our K1 was received. But my question is more to due with the ban I had. Would USCIS have seen this when they reviewed my k1 background?

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Filed: Citizen (apr) Country: Nigeria
Timeline

They only look to see if the petition is correct. If you have a ban you will be denied at the interview and told if there is a waiver available. It is the CO at the interview that looks to see if you are eligble for a visa.

This will not be over quickly. You will not enjoy this.

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Nevermind. I read it wrong.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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Filed: K-1 Visa Country: Mexico
Timeline

I was raised in the stated from the age of one and left voluntarily back to my home country of Mexico in 2006.

I got a job in my country and decided I would like to visit family in the States. I applied for Tourist Visa In 2008 but was denied and bared for 10 years. She handed me a letter and stamped the date September 2015 [i lost this letter :( ]. She said I could reply after this time. I was upset and a bit emotional at the time so I didn't notice the paper she gave me. Sad day.

I was recently approved for NOA2 visa and just was looking through my paperwork and notice on one of the papers the consulate officer gave me the box that was checked was 212(a)(9)©(ii) also known as a life ban. This has me very worried. Is there anyway

This type of punishment is usually issued to people who have tried to enter illegally multiple times.

I know that this will cause my k-1 interview to end badly.

I am sure the agent just messed up when selecting the box because it was in a different language. But, is there any way of knowing what my status is?

I just want to make sure I am not still ban

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I would think if you had a lifetime ban they wouldn't approve the k1. Had your fiancé tried to contact somebody from the uscis about this ?!

I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

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Filed: K-1 Visa Country: Mexico
Timeline

I would think if you had a lifetime ban they wouldn't approve the k1. Had your fiancé tried to contact somebody from the uscis about this ?!

My thoughts exactly but I was told the person who will point this out is the K1 interviewing officer.

No we don't want to get them involved at this point. We may as well go to the interview and see what happens.

But maybe there is a site we can check for this type in information?

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My thoughts exactly but I was told the person who will point this out is the K1 interviewing officer.

No we don't want to get them involved at this point. We may as well go to the interview and see what happens.

But maybe there is a site we can check for this type in information?

Your fiancé doesn't have to say anything about the ban just that she confused about why the box was checked (I forgot the number sorry) to see if it's just a mistake. I dont know of a website where you could check to see if your still banned or your status I would think emailing the uscis or embassy would. Be the only way to find out. Do you have a ss#??

I love my husband ?‍?‍?

Married June 2016

Por siempre y para siempre Mi amor

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Filed: K-1 Visa Country: Mexico
Timeline

Your fiancé doesn't have to say anything about the ban just that she confused about why the box was checked (I forgot the number sorry) to see if it's just a mistake. I dont know of a website where you could check to see if your still banned or your status I would think emailing the uscis or embassy would. Be the only way to find out. Do you have a ss#??

No SSn. I think I will give them a call next week though.

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Filed: Citizen (apr) Country: Ecuador
Timeline

Similar-themed threads have been merged.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Mexico
Timeline

The USCIS would not be the ones to decide if they are eligible for the visa, as was previously stated in this thread. If the requirements were met for the I-129F petition, it will be approved, even if you have a current bar that will make you ineligible for the visa.

The Dept. of State will be the ones to determine this at the K-1 visa interview. If there is a ban, they will deny you the visa, and they will let you know if there is a waiver available to you or not. If your ban ended in 2015, then you have no issue. Section 212(a)(9)(C )(ii) states you can apply for re-entry after 10 years >

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html

An alien, who is inadmissible under section 212(a)(9)(C )(i)(I) of the Act is permanently inadmissible; however, after having been outside the United States for at least ten (10) years, he or she may seek consent to reapply for admission pursuant to section 212(a)(9)(C )(ii) of the Act and 8 CFR 212.2 .

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-2671

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, 14a6aa the Secretary of Homeland Security has consented to the alien's reapplying for admission.

https://www.law.cornell.edu/uscode/text/8/1182

(a) Classes of aliens ineligible for visas or admissionExcept as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(9) Aliens previously removed

(C ) Aliens unlawfully present after previous immigration violations

(i) In generalAny alien who—
(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or
(II) has been ordered removed under section 1225(b)(1) of this title, section 1229a of this title, or any other provision of law,
 and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception

Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplying for admission.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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I wouldn't worry to much until you hear otherwise. You were only 1 when you were brought in and you left voluntarily that's a boon for you. If your 10 year ban has lifted, you have proof valid relationship, have seen each other within two years, and your background check comes back fine. You could be fine.

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