I-129F, fiance visa

[lexx13 0]

...so confused I've read so many things on this fiance visa and really would like to know how hard is it really to get approved.

He is in Honduras right now he was deported but it was voluntary, he was in the U.S illegaly sense he was 15 or 16 and left in october he was 19. We are pregnant and we are trying to do this legally so there aren't more problems in the future. I'm worried that because we're young and I currently live with my mom and not working we won't be approve (I've had a tough pregnancy and unable to work, currently 8 months pregnant ) I am 18 we've been together for two years. We want to do this right, I sent in the I-129F march 3, 2010.

I sent in two pictures of us and the fee

with my birth certificate and the other forms

please if anyone can let me know what they think about our case I would really appreciate it, am very confused on how this all works????

[TracyTN 237]

Personally I'd seek an immigration attorney to understand what obstacles you may face given his deportation (voluntary or no). He may well face a ban from the US for his illegal presence here. You'll also want to determine the exact amount of time he was here illegally before talking with an attorney. The length of time here can make a difference.

[lexx13 0]

Personally I'd seek an immigration attorney to understand what obstacles you may face given his deportation (voluntary or no). He may well face a ban from the US for his illegal presence here. You'll also want to determine the exact amount of time he was here illegally before talking with an attorney. The length of time here can make a difference.

Well he was here for four years, ive heard that if your here is under age it doesnt count but he was still over age for a year and two months which is a ten year ban and requires a waiver

thanks im just so confused on if we'll get approved

[az110965 252]

Good morning...

Sounds like you have a really tough situation, but I have to tell you that you're in for an uphill battle. Because of the length of time your fiancee was here illegally he's facing a mandatory ban of at least 3 years (possibly longer).

A waiver will be your only hope at this point. USCIS will deny your petition based upon the fact of your fiancee's illegal entry (I assume you are saying he came into the USA illegally and simply did not overstay a visa?).

Please let us know if you have any further questions and good luck.

Alan

[J&N* 68]

I'd recommend you'd at least get a legal advice.

As for you being under age, you both need a sponsor if you're under 18.

[lexx13 0]

Good morning...

Sounds like you have a really tough situation, but I have to tell you that you're in for an uphill battle. Because of the length of time your fiancee was here illegally he's facing a mandatory ban of at least 3 years (possibly longer).

A waiver will be your only hope at this point. USCIS will deny your petition based upon the fact of your fiancee's illegal entry (I assume you are saying he came into the USA illegally and simply did not overstay a visa?).

Please let us know if you have any further questions and good luck.

Alan

yea his brother brought him over illegaly when he was 16 and then had a voluntary departure

yea his brother brought him over illegaly when he was 16 and then had a voluntary departure

and we're both over 18 now

[TracyTN 237]

Well he was here for four years, ive heard that if your here is under age it doesnt count but he was still over age for a year and two months which is a ten year ban and requires a waiver

thanks im just so confused on if we'll get approved

That used to be the case, but I don't think so anymore.

This link may help some but I would still find yourselves an attorney. If I'm reading it right, and if his age when he entered does not help him anymore, he may be facing a 10 year ban.

http://immigrate2us.net/forum/showthread.p...ion-Included%29

[lexx13 0]

Good morning...

Sounds like you have a really tough situation, but I have to tell you that you're in for an uphill battle. Because of the length of time your fiancee was here illegally he's facing a mandatory ban of at least 3 years (possibly longer).

A waiver will be your only hope at this point. USCIS will deny your petition based upon the fact of your fiancee's illegal entry (I assume you are saying he came into the USA illegally and simply did not overstay a visa?).

Please let us know if you have any further questions and good luck.

Alan

Is the waiver difficult to get approved???

[TracyTN 237]

Is the waiver difficult to get approved???

Section F on this link discusses the waiver. Basically, you'd have to prove an extreme hardship to you (the USC) if the alien is not allowed to come to the US. It's not easy, but it can and has been done.

http://immigrate2us.net/forum/showthread.p...-process-in-CDJ

[JimVaPhuong 4,865]

As for you being under age, you both need a sponsor if you're under 18.

I think you misunderstood her. She didn't say either of them were currently underage. She said her fiance was underage for most of the time that he was in the US illegally. In any case, I don't understand the comment about needing a "sponsor if you're under 18". You need to be old enough to legally marry in the jurisdiction where you plan to marry. If you are of an age that requires parental consent to marry, then you have to prove that you have that consent. Maybe you're referring to the affidavit of support, which is a completely different matter, and is also not specifically age related.

lexx13, from what you tell us, it sounds like your fiancee has a 10 year ban. He began accruing illegal stay when he became 18. He had over one year of illegal stay when he was offered voluntary departure, which he apparently accepted. Assuming that you meet all of the requirements for K1 petitioner, then the petition will be approved by USCIS. However, your fiance will be denied a visa at the consulate interview because of the ban. Unless he has some other inadmissibility which is not waiver eligible, you can apply for a waiver of the 10 year ban after the visa is denied. The law requires that he must actually be denied the visa before you can apply for the waiver. However, you can start preparing for the waiver application now, and have it ready to submit immediately after the interview. Understand that getting a waiver approved is difficult, and requires you to prove that withholding a visa from your fiance will place an "extreme hardship" on you. "Extreme hardship" is only vaguely defined as hardship which is beyond what most people in your circumstances would normally face. Your chances of success improve dramatically if you either become extremely well educated about the I-601 waiver requirements, or you hire an attorney with extensive experience in this area.

Good luck!

[lexx13 0]

I think you misunderstood her. She didn't say either of them were currently underage. She said her fiance was underage for most of the time that he was in the US illegally. In any case, I don't understand the comment about needing a "sponsor if you're under 18". You need to be old enough to legally marry in the jurisdiction where you plan to marry. If you are of an age that requires parental consent to marry, then you have to prove that you have that consent. Maybe you're referring to the affidavit of support, which is a completely different matter, and is also not specifically age related.

lexx13, from what you tell us, it sounds like your fiancee has a 10 year ban. He began accruing illegal stay when he became 18. He had over one year of illegal stay when he was offered voluntary departure, which he apparently accepted. Assuming that you meet all of the requirements for K1 petitioner, then the petition will be approved by USCIS. However, your fiance will be denied a visa at the consulate interview because of the ban. Unless he has some other inadmissibility which is not waiver eligible, you can apply for a waiver of the 10 year ban after the visa is denied. The law requires that he must actually be denied the visa before you can apply for the waiver. However, you can start preparing for the waiver application now, and have it ready to submit immediately after the interview. Understand that getting a waiver approved is difficult, and requires you to prove that withholding a visa from your fiance will place an "extreme hardship" on you. "Extreme hardship" is only vaguely defined as hardship which is beyond what most people in your circumstances would normally face. Your chances of success improve dramatically if you either become extremely well educated about the I-601 waiver requirements, or you hire an attorney with extensive experience in this area.

Good luck!

Thank you, I'm not sure how but i would think being without him to help with his baby would be a "hardship". Does it have to be an extreme situation ??

Section F on this link discusses the waiver. Basically, you'd have to prove an extreme hardship to you (the USC) if the alien is not allowed to come to the US. It's not easy, but it can and has been done.

http://immigrate2us.net/forum/showthread.p...-process-in-CDJ

Thank you the info really helps

[az110965 252]

Unfortunately,

To the USCIS, your fiancee not being able to be there for the birth of your child does not meet the criteria of hardship.

If you read through the posts, there are several moms on this forums who have either just given birth or are impending birth and they have not had success in getting their HUSBANDS here because of AP or waiver issues.

Have you contemplated moving to be with him until his ban expires?

Alan

[lexx13 0]

Unfortunately,

To the USCIS, your fiancee not being able to be there for the birth of your child does not meet the criteria of hardship.

If you read through the posts, there are several moms on this forums who have either just given birth or are impending birth and they have not had success in getting their HUSBANDS here because of AP or waiver issues.

Have you contemplated moving to be with him until his ban expires?

Alan

yea , i mean i didnt expect him to be here for the birth but i thought it would help our case. We have talked about it but as a last resort. We both want whats best for our child and Honduras is a very dangerous country.

[TracyTN 237]

yea , i mean i didnt expect him to be here for the birth but i thought it would help our case. We have talked about it but as a last resort. We both want whats best for our child and Honduras is a very dangerous country.

Honduras being a dangerous country might help you with the waiver - dunno. I would find an attorney to help, and if you could find one with specific experience in that consulate, then all the better.

[VanessaTony 3,567]

Personally I'd seek an immigration attorney to understand what obstacles you may face given his deportation (voluntary or no). He may well face a ban from the US for his illegal presence here. You'll also want to determine the exact amount of time he was here illegally before talking with an attorney. The length of time here can make a difference.

I remember "Just Bob" saying that illegal presence only starts being counted at 18 years and 6 months of age but I can't find anything that confirms that. Everything i find says 18.

Edited March 5, 2010 by Vanessa&Tony