CR-1 Future troubles?

[chicle 0]

Hey everyone,

First post here on visajourney and I've already learned a lot through the guides and the forum. I've tried doing a search for a case like this as I figure many people have already gone through this already but I'm having a hard time finding anything.

Here is the situation:

My fiancee and I met in Mexico in 2005, dated for a few months but it didn't work out because of the distance and our lives at the moment. I am a US citizen and she is a Mexican Citizen, in October of 2005 she attempted to cross the border to come to the states. We weren't dating anymore and I had no idea of it all, she got caught the first time and deported back to Mexico. After that happened she once again tried crossing and this time made it, from November of 2005 until December of 2009 she lived in TN and worked there. In Dec. of 2009 she voluntarily came back to Mexico (no court orders or deportation orders) and has been in Mexico since then. In April of this year we had a chance to re-connect in Mexico and restart everything we used to have. April-July we talked on a daily basis and I have realized that she is the one for me. This summer I went down to Mexico for 5 weeks and during the trip we became engaged. We are now looking at the possibilities to have her come back up to the states. It seems that the CR-1 visa is the best way to go for us, though not opposed to the K-1 visa if for some reason that would make things easier? Our biggest concern right now is what will be the effect of her time in the states on our application process? We know it will definitely cause issues, will they be major or will it just prolong the process?

Thanks everyone.

[canadian_wife 1,791]

Was she formally deported the first time or was it a catch and release? This is EXTREMELY important to figure out. If you don't know, you can file an FOIA request to see what it was listed as.

She is facing at least a 10 year ban for the illegal presence in the US from 2005 - 2009. If you file the I-130 after you marry, it will be denied at the interview and you must file an I-601 and prove how you the USC cannot move to Mexico and how you will suffer extreme hardship if she does not come to the US.

If she was formmaly deported and then returned to the US, it makes your case much more complicated.

Either way, you need a lawyer. Laural Scott is fantastic - scottimmigration.net. She also offers free chats on Wednesdays so you can ask questions. also immigrate2us.net is the website for you - they focus on inadmissability.

Good luck - you have a difficult case with major issues, not just a simple 'prolonging the process'

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Was she formally deported the first time or was it a catch and release? This is EXTREMELY important to figure out. If you don't know, you can file an FOIA request to see what it was listed as.

She is facing at least a 10 year ban for the illegal presence in the US from 2005 - 2009. If you file the I-130 after you marry, it will be denied at the interview and you must file an I-601 and prove how you the USC cannot move to Mexico and how you will suffer extreme hardship if she does not come to the US.

If she was formmaly deported and then returned to the US, it makes your case much more complicated.

Either way, you need a lawyer. Laural Scott is fantastic - scottimmigration.net. She also offers free chats on Wednesdays so you can ask questions. also immigrate2us.net is the website for you - they focus on inadmissability.

Good luck - you have a difficult case with major issues, not just a simple 'prolonging the process'

Ditto previous poster. GET A LAWYER WHO IS AILA member as soon as you can before you file a thing.

There is no doubt you will have issues and may face extreme situation if she has multiple EWI and returned after she was deported. If that is the case I think if its not a permanent bar for her to re-enter it will be another 10 years before she can even apply to come here legally.

As previous poster said there is at minimum a 10 year period of time she will not be able to be in the US starting the day she returned to Mexico.

The good news is she is from Mexico so they have a nice pilot program where if she is eligible to file I601 (hardship waiver) and it is clearly approvable on the day its filed (after I130 and NVC process) it will only take 1-3 days for her to get the VISA.

GOOD LUCK... get attorney now.

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My link

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My link

U.S. Citizenship and Immigration Services

Form I-601 - Application for a Waiver of Ground of Inadmissibility

Filing the Application

In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601). The I-601 and the Extreme Hardship Instructions (PDF) are filed at the Ciudad Juarez U.S. Consulate where the beneficiary of the petition applied for the Immigrant Visa.

The waiver and supporting documentation is then reviewed by the U.S. Citizenship and Immigration Services (USCIS) Ciudad Juarez Office. If the waiver is readily approvable, the applicant usually receives his or her immigrant visa the next business day by the Dept. of State. Otherwise, the waiver is referred for a later final review and decision. Applicants are notified in writing of the decision and given instructions on how to proceed.

Jurisdiction for adjudicating the I-601 Application

The Ciudad Juarez Sub-office of U.S. Citizenship and Immigration Services has jurisdiction for adjudicating all I-601 applications submitted to the Immigrant Visa Section at the Ciudad Juarez, Mexico U.S. Consulate. The Ciudad Juarez U.S. Consulate processes all Immigrant Visas for Mexico. The Ciudad Juarez USCIS Offices also reviews and adjudicates K-1 and K-3 Nonimmigrant Visa I-601 Waivers.

Processing Times

Should the I-601 waiver not be approved on the same day as its in person submission and is referred for a future and final review and adjudication, the current processing time is 13-15 months.

Extreme Hardship Evidence

You may submit Extreme Hardship Evidence at the time the I-601 Waiver is submitted to a consulate employee. However, should the waiver be referred you may mail additional hardship evidence to:

Department of Homeland Security

U.S. Citizenship and Immigration Services

PO Box 9896

El Paso, Texas 79995

Expedited Waiver Processing

The Ciudad Juarez USCIS Office may consider the expeditious processing of a waiver in cases where the waiver applicant can show that an extreme medical condition or medical emergency exists or if the applicant’s military spouse is preparing or has already deployed to an overseas post.

Expedited waiver requests should be made to the Consular Officer or to our office using the above address.

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* Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(9) 12/ ALIENS PREVISOUSLY Removed.-

(C ) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(II) has been ordered removed under section 235(b )(1), section 240, 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, 14a/ 6aa/ the Secretary of Homeland Security has consented to the alien's reapplying for admission

*If the person reentered EWI after being charged 9C2, they would have to exit the U.S. for ten years before being eligible to apply to re-enter.

** This is different from 10 year bar, because if only the 10 year bar you can file immediately to waive for hardship.

[mamamimi 8]

There is a protocol here and hijacking someone else's thread is frowned upon. The OP's issue isn't even close you your question, please create a new thread for it.

@OP, neither of you should assume that your gf's 4 years of illegal presence left no tracks in the US. You need to find out how the original attempt to enter was handled by CBP to determine how deep your issues will be.

Also understand that during her visa application she will have to disclose here address history. If she lies and says that she was in Mexico during that time she can face misrepresentation charges which would result in a lifetime re-entry ban that can't be waived.

Even bigger issue is did she ever present herself as a USC? How did she work while she was here?

AGAIN just end it, am I going to hear from Tom ####### and Harry here I got it... moved on.... and so you should too!!

I got it people, this is how it starts just let one person comment on it (not as rude) and then mind your own business, enough, now YOU are making this thread about the one thing I asked just let it gooooooooooooooo.....

Thank you!

[Kathryn41 3,205]

Post requesting information about a separate situation than the one in this thread has been separated off to its own thread here: http://www.visajourney.com/forums/topic/270500-can-my-friends-girlfriend-leave/

[flustered 14]

AGAIN just end it, am I going to hear from Tom ####### and Harry here I got it... moved on.... and so you should too!!

I got it people, this is how it starts just let one person comment on it (not as rude) and then mind your own business, enough, now YOU are making this thread about the one thing I asked just let it gooooooooooooooo.....

Thank you!

I am beginning to feel like I am in a Kindergarten class..People just rememeber opinions are like a$$holes everybody has one...Geesh

Edited August 19, 2010 by flustered

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I am beginning to feel like I am in a Kindergarten class..People just rememeber opinions are like a$$holes everybody has one...Geesh

?????????? I must have missed something