Question...

[stefan y karen 23]

Uhh... excuse me, but Oct 07 means October 2007 to me, not 7 October 2011, which means that the illegal entry was more than 4 years ago, not just a few months ago.

OP - did the entry happen in October of 2007? This is important to our understanding of when things happened.

I can't remember the process, but I thought it was a 3-year ban for first attempt at illegal entry, not a lifetime ban. If so, then the OP might be able to go forward with the K1 process if the entry was actually 4+ years before.

Hopefully, the bashing will cease and some more knowledgeable members will chime in.

[JimVaPhuong 4,863]

Everything depends on what it said on that document he signed. If it was an expedited removal then it comes with an automatic five year ban. If there was a P6C involved (misrepresentation) then a lifetime ban is applied. An I-212 waiver would be required in order to get a visa.

[Hank_ 9,173]

hmm... screwed the pooch comes to my mind.

Sorry.

[Therealworld 90]

The first NOA1 just means your file was received. It is the process that it will now go through of very serious review prior to getting a decision for your NOA2.

[Ban Hammer 12,863]

I don't remember the Forms exactly for a 129-F Petition. But, if he was Deported in October and you recieved your NOA1 in December. Is'nt there a question that relates to a past Deportation on those Forms? I can't remember exactly.

If in fact there is. You never should have never recieved a NOA1 in the first place. Was it the Beneficiaries 325. I'm not sure. ? Somewhere, I think. It does ask if the beneficiary has ever been to the US. If so, what was written.

I'm not an Attorney. But, there was an Illegal Entry.

Deported in October then the Petitioner Files in December. It asks: If the Beneficiary has ever been to the US. Why I can't remember but I'm sure it asks.

If in fact: This is true. Then documents were falsely admitted.

I'm Up In The Air Also on this one.

See Petitioners (OP's) comment, then review Timeline. Just seems odd.

NOA1 takes only few weeks to get. The Deportation occured months ago.

On the Forms somewhere it asks. (129-F or 325) has the beneficiary ever been to the States. I'm ALMOST Sure of that. I'm not looking at the Forms.

either know what you're talking about or don't post. the op doesn't need misdirection and the thread hijacked.

charles

vj moderation

[Kelly C 16]

See Petitioners (OP's) comment, then review Timeline. Just seems odd.

NOA1 takes only few weeks to get. The Deportation occured months ago.

On the Forms somewhere it asks. (129-F or 325) has the beneficiary ever been to the States. I'm ALMOST Sure of that. I'm not looking at the Forms.

The OP say Oct. 07 that would be more than 4 years, if I understand correctly.

[Kelly C 16]

either know what you're talking about or don't post. the op doesn't need misdirection and the thread hijacked.

charles

vj moderation

Thank you!!!

[Dave&Roza 748]

I'm just saying: I really doubt The US Border Control and USCIS will say: Hey, good try 4 Months ago, but since now you have a Fiance' Petition were going to let it go. Welcome to the USA

Get the Idea?

Yes, I'm Special. I rode the Short Bus.

The illegal entry was in 2007. Not 4 months ago. So it is not like they are trying to overcome something that hapened recently. It was 4+ years ago. It will have an impact on the visa application. He really needs to read and understand any document he signs as it might have been a 3 year or 10 year ban to enter the US. If that is the case you will need to file a waiver. He needs to find out what it was he signed. FOIA? Call CBP and ask? Do a background check on him and see what pops up?

Good Luck,

Dave

P.S. the form where they ask about visas is DK-156 that is filed when the beneficary files at the Embassy. It asks for approved visas and visa denials.

[Coris 0]

Thank you all for your posts and I apologize I didn't reply earlier to avoid all the misunderstanding. My fiancee attempted to enter in October 2007, over 4 years ago. I've been told about submitting a FOIA request but that it may take up to one year to get a response...not sure how true that is.

Another question: since the initial review of the I-129F is being done right now at VSC, does anyone know if this could be a reason for denying the petition, or will that happen when we the appt is scheduled at the consulate?

[Penguin_ie 5,986]

No, the petition should be fine, if there is an issue it will come out at the embassy interview.