Anyone know of a laywer in Arizona

[waiting4Oliverio 0]

I'm trying to find a lawyer in Arizona so I can consulte with them about my fiance and my situation. He crossed the border illegally and was here for almost a year and half. He is back in Mexico now and I'm trying to find out what our chances of him being approved for the K-1 Visa are or if there are any additional things I may have to do inorder to be approved. Mucho Gracias!

[sunandmoon 450]

could depend on how he went back. before filing k-1 need proof of having met in previous two years. you couldn't use anything from the year and a half he was here illegally.

[waiting4Oliverio 0]

could depend on how he went back. before filing k-1 need proof of having met in previous two years. you couldn't use anything from the year and a half he was here illegally.

I drove hime back to Mexico. He was not deported and never was in trouble with the law while he was here. After he left I went and visited him in Mexico. When I filed the K-1 I only included proof of meeting from when I visited hime in Mexico.

[sunandmoon 450]

if you have already submitted the 129f, at this point i don't see what need there is for a lawyer. if there is some record of him being here illegally, then you'll have problems.

Edited August 8, 2006 by roymcn3rd

[waiting4Oliverio 0]

if you have already submitted the 129f, at this point i don't se what need there is for a lawyer.

I think I'm just worried and thinking of every possible thing that could go wrong.....I guess I wanted to talk to one for a lil piece of mind

[kitkat1 5]

could depend on how he went back. before filing k-1 need proof of having met in previous two years. you couldn't use anything from the year and a half he was here illegally.

I drove hime back to Mexico. He was not deported and never was in trouble with the law while he was here. After he left I went and visited him in Mexico. When I filed the K-1 I only included proof of meeting from when I visited hime in Mexico.

You will not have a problem with K1 petition approval if you provided all of the necessary evidence and information - the same in a regular situation - including the time that he was in the US supports your relationship. You already had to fill out the forms and indicate when he was in the US and how he entered - EWI for entry without inspection, right? You cannot lie on the form and the fact that he was in the country illegally does not mean his petition will not be approved.

However, when you get to the point of the interview in Ciudad Juarez, he will be denied due his illegal presence in the country of more than 180 days. Then he will be allowed to file a 601 waiver and you will need to provide a hardship letter with documentation proving extreme hardship to you, the USC, if his visa is denied and you as a result are forced to relocate permanently to Mexico. Waiver approval rates in Mexico are very high but take about 6-8 months plus another 7 weeks for the second visa pick up appointment.

Since immigration law is federal, you don't really need a lawyer in Arizona - you will be much better off using someone who is very experienced filing 601 waivers in Mexico. Start with visacentral.net and immigrate2us.net. You can do it without a lawyer if you feel comfortable handling it.

(I feel like we already had this conversation - maybe I answered it on immigrate2us.net?)

Anyway, good luck - you'll be fine, it just takes a long time.

[sunandmoon 450]

at this point, nothing much a lawyer could do. wait for the NOA1. it's your money, but i don't think there's much a lawyer can do right now.

[waiting4Oliverio 0]

could depend on how he went back. before filing k-1 need proof of having met in previous two years. you couldn't use anything from the year and a half he was here illegally.

I drove hime back to Mexico. He was not deported and never was in trouble with the law while he was here. After he left I went and visited him in Mexico. When I filed the K-1 I only included proof of meeting from when I visited hime in Mexico.

You will not have a problem with K1 petition approval if you provided all of the necessary evidence and information - the same in a regular situation - including the time that he was in the US supports your relationship. You already had to fill out the forms and indicate when he was in the US and how he entered - EWI for entry without inspection, right? You cannot lie on the form and the fact that he was in the country illegally does not mean his petition will not be approved.

However, when you get to the point of the interview in Ciudad Juarez, he will be denied due his illegal presence in the country of more than 180 days. Then he will be allowed to file a 601 waiver and you will need to provide a hardship letter with documentation proving extreme hardship to you, the USC, if his visa is denied and you as a result are forced to relocate permanently to Mexico. Waiver approval rates in Mexico are very high but take about 6-8 months plus another 7 weeks for the second visa pick up appointment.

Since immigration law is federal, you don't really need a lawyer in Arizona - you will be much better off using someone who is very experienced filing 601 waivers in Mexico. Start with visacentral.net and immigrate2us.net. You can do it without a lawyer if you feel comfortable handling it.

(I feel like we already had this conversation - maybe I answered it on immigrate2us.net?)

Anyway, good luck - you'll be fine, it just takes a long time.

Thank you for the info! I'm just sooooo scared that he won't be able to come over here at all.....He keeps telling me he's coming back over the border because he can't stand being away from me.....Now it's going to take even MORE time then I thought it would!

[kitkat1 5]

at this point, nothing much a lawyer could do. wait for the NOA1. it's your money, but i don't think there's much a lawyer can do right now.

A lawyer could help with the preparation of the 601 hardship letter and documentation but it's not usually necessary.

The only real problem is if you did NOT tell the truth about his time in the US and how he arrived - what did you put for that section? The I-129F even provides the option for "entered without inspection" on the form. Since you have to sign and certify that the information you provided is correct and that you are not concealing a material fact, this would be my worry.

Don't let him cross the border again - then he WILL have a serious problem. Entering without inspection one time and being illegally present is "forgivable" with the waiver. But more than one entry without inspection is NOT waivable and results in a lifetime ban. Make sure he understands how lucky he is that an option exists not only for you two to be together, but for it to be legal. Yes, he'll have to wait but in the end it will be worth it and you can certainly go there in the meantime. If he comes back EWI again - no other options.

[waiting4Oliverio 0]

at this point, nothing much a lawyer could do. wait for the NOA1. it's your money, but i don't think there's much a lawyer can do right now.

Don't let him cross the border again - then he WILL have a serious problem. Entering without inspection one time and being illegally present is "forgivable" with the waiver. But more than one entry without inspection is NOT waivable and results in a lifetime ban. Make sure he understands how lucky he is that an option exists not only for you two to be together, but for it to be legal. Yes, he'll have to wait but in the end it will be worth it and you can certainly go there in the meantime. If he comes back EWI again - no other options.

I told the truth on my paperwork......There is no way I would of taken the chance of lying and them finding out! I've told him not to come....I will just have to make more trips out there then I can afford but atleast it will ease his mind and maybe he won't be so anxious to come back. We've talked about our options if he's not approved and he said he'd be fine with staying in Mexico as long as I'm there but financially...we wouldn't be able to make it....where he lives there really are no jobs and I know he'd be miserable staying there.

[kitkat1 5]

I told the truth on my paperwork......There is no way I would of taken the chance of lying and them finding out! I've told him not to come....I will just have to make more trips out there then I can afford but atleast it will ease his mind and maybe he won't be so anxious to come back. We've talked about our options if he's not approved and he said he'd be fine with staying in Mexico as long as I'm there but financially...we wouldn't be able to make it....where he lives there really are no jobs and I know he'd be miserable staying there.

Then really there is no reason to worry. EWI is NOT a reason for I-129F petition denial. EWI with illegal entry of more than 180 days is a reason for VISA denial which can be overcome with the waiver. So your petition approval is not the issue. It's that you will need to write a strong hardship letter with evidence based on why you cannot relocate there. There are plenty of things that count as hardship - your current or potential medical and healthcare issues, crime rates there, your inability to speak the language, unemployment rates there, financial, educational, etc. Spend some time here reading through the stickies here and you'll feel a lot better: http://www.immigrate2us.net/forum/viewforum.php?f=26