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FrustratedCanuck

Marriage to USC after being deported

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Filed: Timeline

Hi Gang,

My first post here. Hope I'm in the right spot.

Here's my story.

I've been working in the US as a TN1 visa recipient in the computer systems analyst category for the past 11 years - 5 for one company and 6 for another company.

Last Christmas I got engaged to a USC and we had plans to get married in May. My Visa expired in May and due to work issues (her side) we put off the wedding until spring 2009. So I reapplied for a TN1 renewal on the I-129 form and sent the documentation to Vermont. They sent back the "we're processing it" form on July 1st.

In October I called regarding the renewal and had an infopass meeting with 2 INS officers at the local DHS office. I informed them that I was wanting to leave the US for a vacation and would be returning in 1 week but was waiting on my visa renewal. They confirmed the backlog and said to take both my old and my pending notification and there should be no issue returning. Nothing was said about being in the US illegally or working illegally. In fact I inquired about what steps I needed to take to start the AoS, I-130 to marry a USC.

In October I left the US for 1 week and returned. I was escorted to secondary in immigration at the airport I returned to. Explained to them my case and was told to sit down. I was then pulled into an interview room. The officer showed me some sheet he pulled from under his desk and said I no longer qualified for my TN1 visa and that the requirements had changed - only a 4 year university degree was required. I have since checked on this and there have been no changes to this category as per the AILA handbook 2008. I still qualify and have the correct educational and experience requirements. I was barred from entering the US for a 5 year period. Never given the opportunity to return at my own expense.

I was then handcuff, leg-irons and held at an ICE detention center overnight. I was then placed on a plane to Toronto the following afternoon.

I have since consulted with US immigration lawyers who recommended I apply for waivers to return to the US and then reapply as a TN1 visa recipient. I now have several thousands of US dollars in attorney fees and am awaiting on these waivers which can take up to 6 months or more.

I wish to return to the US for employment. My fiance and I just finished building a house before we left on this vacation. We have plans to be married and start our life together. I currently have no job and mortgage payments on a house I can't live in, can't return to the US to sell in this abismal housing market, can't even return to bring my personal belongings, automobile, etc back to Canada. How do you get 11 years of stuff in one box?

I know now that I was out of compliance and had been working illegally for a period of 6 months but nothing was said by the DHS when I met with them. I had plans to have been married in May and then gone the AoS and I-130, etc route to apply for green card.

If I return on a TN1 visa and then get married will I be deported again for being on a visa that does not allow dual intent (TN1 is a non-immigrant visa).

Can I apply for a K-1 visa after these waivers are approved?

Has anyone on this board ever had to deal with a situation like this? What did you do? What was the outcome.

Thanks!

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Filed: Other Timeline

Why don't you apply for a K-1 visa (which will be denied) and then put in the necessary waivers (I-601 and I-212). That way you can enter the US legally, work legally (EAD) and eventually get your greencard. The TN1 will be a moot point.

I would go to immigrate2us.net for information on the waivers.


Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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Filed: Timeline

Thanks,

Don't I need to wait for the outcome of the waivers (I-212 and I-192) and will the waivers only allow me to reapply for a new TN1?

What are the options after I receive the waivers (hopefully back with approval)? Can I then apply for the K-1?

What is an I-601 waiver and when does it apply?

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Filed: Other Timeline

You have to apply for the K-1 first. It will be denied because you have a 5 year ban. An I-601 waiver is a hardship waiver, basically saying that it would cause your fiancee extreme hardship if you aren't allowed to return to the US. (This is what allows you to enter the US before your 5 year ban is up, IF it is approved.) The I-212 is for deportation.

After you have been denied for the K-1, they will tell you that you are allowed to file the waivers. You have to wait for the waivers to be approved. If they are approved, you will then get your K-1 visa and will be allowed to enter the US. You will then be on the same course as everyone else that applies for the K-1. Must be married in 90 days etc...


Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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Filed: Timeline

Won't applying for a K-1 remove any chance of applying for a TN1 visa?

Also I understand the "hardship" waivers are the type that you have to prove that the your the kidney donar to the US citizen before they allow a hardship waiver to pass.

What kind of time frame and costs are involved for both an I-601 and a K-1 visa from start to finish?

Thanks,

FC

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Filed: AOS (apr) Country: Romania
Timeline

since you already had a TN1....and were reapplying for it, you should be able to apply for the waivers on it since it was processing

If i was you, id listen to your lawyer

Edited by Sinergy

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Filed: Other Timeline

Yes I would listen to your lawyer.

Though I would appreciate it if you would be willing to tell us the outcome of your case. I'm curious to be honest. :D

Edited by Singers

Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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Filed: Timeline

So does my pending TN1 renewal hold any weight at this point?

I am also still waiting on it. I received the I-797 (notice of receipt) dated July 1st, 2008.

Had the TN1 visa renewal been completed prior to me leaving the US for the 1 week vacation I would have had a new TN1 I-94 in hand and had no issues.

I am still waiting to hear anything on the TN1 renewal.

Also is there any recourse to inform the DHS officer that deported me that his information was wrong so that he doesn't mistakenly do this to someone else that may come thru his office requesting a new TN1 visa.

I think if someone at DHS actually cared they would review this case - and rectify what has happened. Instead now I'm on the verge of declaring bankruptcy because I've lost my job, have no access to my assets and still have bills rolling in - not to mention the loss of 10 - 14 months of my life!

FC

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