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GeraldT

Questions about bringing fiancee/ wife

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First of all, if you're reading this.. thank you! I really need all the help i can get. Any advice will be greatly appreciated.

My case is a bit complex, so here are all the details:

Im a 26 year old U.S citizen.. My fiancee, 23, was brought into the USA illegally (from Mexico)by her parents when she was just about 5 years old.

She grew up here, barely remembers anything about mexico, her english is far better than her spanish, and it's just overall a very unfortunate situation that she's 100% american in all ways except the one that matters the most.

We've been told that even when we marry, she will most likely have to leave the country for a certain period of time. We were hesitant to do this for obvious reasons.. Being apart is torture... A little over a year ago her mom went back to mexico, but just a few days ago she was told that she has a potentially cancerous tumor. She'll undergo surgery and chemo (spelling?). The severity of it is still a bit unclear, but either way she'll need all the support she can get. Because of this, my fiancee is most likely going to have to go to mexico and take care of her mom during this time...

We want to be back together as soon as possible but we have many many questions about how to proceed. Is it true that bringing her back in as a fiancee would be quicker than marrying her, then begin the process? Does the fact that she was 5 years old when she was BROUGHT illegaly into the country help at all? (As opposed to being an adult CONSCIOUSLY entering the country illegaly).

She otherwise has no criminal record or anything like that, so I'm kinda hoping this doesnt take too long.

Any tips or information you can share will be greately appreciated!

thank you

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you have some backgrounder that MOST of the populace here at VJ just don't have -

so, instead of hanging out at VJ - pleaes visit http://immigrate2us.net - you'll find some pointed info about your particular situation.

Good Luck, however it turns out..


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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you will get some good advice here on visa journey, but you should also peruse i2us.net. that site deals with more complicated visa cases and can give you good info on bans and waivers and lawyers.

have hope! the situation you find yourself in is not all that uncommon. many people have had success getting their loved ones legal status in the US.

best.

edit: dar dar was faster.

Edited by mr and mrs

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.

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yikes!!!

sounds like you need a lawyer.. for her status..

but i does not sound like it will be easy.. good luck


K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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A child is forgiven for being here illegally but once you are 18 you are no longer a child and start being blamed for being here illegally. She now faces a 10 year ban . You need to file a waiver for her. The fact that she has no other issues make it highly likely she could e granted the waiver. Go to the other site suggested immigrate2us.net they have a lot of people like you


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

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The U.S. government realizes that children have no say in where parents take them, which is why unlawful presence is not recorded until the child becomes an adult, which is at age 18. So your now 23 year-old fiance had half a decade to realize that she is illegally in this country. The moment she leaves, she will trigger a 10-year bar for unlawful presence of "1 year" in the U.S., and she will have to leave under the best of circumstances in order to attend the interview in Ciudad Juarez. Be grateful that you are not married yet.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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A child is forgiven for being here illegally but once you are 18 you are no longer a child and start being blamed for being here illegally. She now faces a 10 year ban . You need to file a waiver for her. The fact that she has no other issues make it highly likely she could e granted the waiver. Go to the other site suggested immigrate2us.net they have a lot of people like you

This is correct. She started accumulating unlawful presence when she turned 18. 180 days later she incurred a 3 year ban on reentry. When she turned 19 she incurred a 10 year ban on reentry. She can't adjust status and get a green card in the US because of the illegal entry. She won't get a visa from a US consulate without an I-601 waiver for the unlawful presence ban. The ban takes effect the day she leaves the US.

If she didn't have to leave because of her sick mother I would suggest waiting a little while before doing anything at all. The director of DHS recently announced a new policy that will permit USCIS to adjudicate I-601 waiver requests while the alien is present in the US. The policy up until now had been that an I-601 waiver request couldn't be considered until the alien had applied for a visa at a US consulate and been denied. If the new policy goes into effect then you'd be able to submit an I-601 waiver request on her behalf, and you'd be able to wait for a decision before she left the US. If the waiver request is approved then she can leave for the visa interview fairly confident that it would be approved, and she'll be allowed to return to the US. If it's denied then she could decide whether or not she should leave and wait out the ban in Mexico.

The other possibility is the DREAM Act, but Democrats in Congress have tried and failed multiple times to get that Act to pass. If Democrats pick up seats in the Senate and House of Representatives in the next election, and if President Obama is reelected, then there's a pretty good chance the Act will pass. Unless there's a sharp rebound in the economy then I suspect the Democrats will probably lose seats. Whether the president is reelected depends on who the Republicans put up to run against him, and what happens to the general mood of the country between now and then. If the Act does ever end up passing then she could get a conditional green card by going to a university for two years or serving in the military for two years. She'd have to complete the requirements before the cutoff age, which I think is currently 35.

One thing is certain - if she leaves the US now then the 10 year ban kicks in, and she won't be coming back without either getting a waiver or waiting out the ban. You would have to submit the waiver request on her behalf, and show that it would be a hardship on you if she isn't allowed to return. The odds of approval are better for a spouse than for a fiancee. They are better yet if you have children who remain in the US. If the waiver is denied then your only other option is to move to Mexico and wait out the ban with her.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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The odds of approval are better for a spouse than for a fiancee. They are better yet if you have children who remain in the US. If the waiver is denied then your only other option is to move to Mexico and wait out the ban with her.

I am not aware of any stats comparing Fiancee vs Spouse.

Certainly a well prepared waiver has a much better success rate.

In this situation, it should be a relatively straightforward process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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First of all, if you're reading this.. thank you! I really need all the help i can get. Any advice will be greatly appreciated.

My case is a bit complex, so here are all the details:

Im a 26 year old U.S citizen.. My fiancee, 23, was brought into the USA illegally (from Mexico)by her parents when she was just about 5 years old.

She grew up here, barely remembers anything about mexico, her english is far better than her spanish, and it's just overall a very unfortunate situation that she's 100% american in all ways except the one that matters the most.

We've been told that even when we marry, she will most likely have to leave the country for a certain period of time. We were hesitant to do this for obvious reasons.. Being apart is torture... A little over a year ago her mom went back to mexico, but just a few days ago she was told that she has a potentially cancerous tumor. She'll undergo surgery and chemo (spelling?). The severity of it is still a bit unclear, but either way she'll need all the support she can get. Because of this, my fiancee is most likely going to have to go to mexico and take care of her mom during this time...

We want to be back together as soon as possible but we have many many questions about how to proceed. Is it true that bringing her back in as a fiancee would be quicker than marrying her, then begin the process? Does the fact that she was 5 years old when she was BROUGHT illegaly into the country help at all? (As opposed to being an adult CONSCIOUSLY entering the country illegaly).

She otherwise has no criminal record or anything like that, so I'm kinda hoping this doesnt take too long.

Any tips or information you can share will be greately appreciated!

thank you

\

the only thing that matters is the fact that she has accumulated unlawful presence since age 18...the method of how she entered the country is not really relevant. She will NOT be allowed to change or adjust status and thus will have to depart the US, triggering the 10 year ban.

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I am not aware of any stats comparing Fiancee vs Spouse.

Certainly a well prepared waiver has a much better success rate.

In this situation, it should be a relatively straightforward process.

I'm not aware of any stats either. Purely anecdotal evidence from people who've gone through the waiver process at CDJ.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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I could not have put it better myself.

Apart from using the odd capital.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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while reading thru all those responses I smiled a couple times, and had a couple of heart attacks! Seems like this could go OK or not at all!

Im quite terrified , I gotta admit... But i do appreciate you all taking the time to reply! thanks!

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What an ote ? are they dangerous or endangered ?

OTE means "Over The Edge"


K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

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