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utw

I-130 after deportation

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Hello,

My girlfriend has been denied entrance to the USA on the grounds that she has applied for H1B while being in the country on B1 tourist visa. The H1B has been canceled by the employer a couple of months after filling, but somehow still got approved.

She was deported and banned for 5 years (apparently for non-immigrant visas only) while trying to enter the US from a trip abroad.

I am a recently naturalized US Citizen (naturalization approved in Dec 2011).

What would be the best course of action in this situation?

We were planning to get married in Russia in a month and then I would fill an I-130 for her.

However, I am concerned about point 6 of I-130 instructions:

You may not file for a person:

...if you married your husband or wife while your husband or wife was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or remain in the United States, ..., unless:

You prove by clear and convincing evidence that the marriage is legally valid where it took place, and

that you and your husband or wife married in good faith and not for the purpose of procuring the admission of your husband or wife as an immigrant, and that no fee or any other consideration (other than appropriate attorney fees) was given for your filling of this petition...

Thanks in advance for any assistance or advise.

Edited by utw

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

After you file the I-130 you will have to file Form I-601, Application for Waiver of Grounds of Inadmissibility from outside the United States.


USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Process Changes for Petitioners Residing Overseas: Forms I-130 and I-601

From what I've read you file the I-130 and she files the I-601 at the embassy in her country.

What happens if the visa applicant is not eligible for a visa due to ineligibility?

At the visa interview, the consular officer determines if the applicant is ineligible for a visa, determines if the law provides for a waiver and determines if the applicant is eligible for a waiver. For this reason, waivers cannot be submitted until the interview has taken place and the applicant has been denied. I-601 waivers filed at a consulate are adjudicated by the CIS 601 adjudicator abroad. If you know in advance that a waiver will be required, in the interest of time it’s best to have the waiver completely prepared and ready to submit immediately after the denial at the visa interview. Consular officers usually provide the waiver form to the applicant along with reason for denial and denial codes written in. Fingerprints need to be taken and the waiver fee needs to be paid. Then a complete waiver package can be submitted.

Edited by sheeshkabelle

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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Expect a very lenghty processing time for the I130. I have seen a couple members who petitioned for an alien spouse who was deported in the past, and their I130 took over a year to be adjudicated, sometimes the US citizen was interviewed in the US during processing.

Edited by Laure&Colin

USCIS STAGE: 16 days No expedite request but USC residing abroad

NVC STAGE: 19 days from case # to case complete

EMBASSY STAGE
03/27/12: interview - APPROVED

04/12/12: POE San Diego

ROC
12/19/14: received reminder letter from USCIS to file for ROC
01/15/14: sent I-751 application
01/16/14: NOA1/1 year extension
01/21/14: check cashed
01/24/14: received biometrics appointment letter for 02/11

05/14/14: received card production notification by e-mail, approval date 05/13

an1cR1j0es00030MTAwOTQzbHwxMjM0NGxqYXxTa

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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