Jump to content
Bill and Tanya

5 year ban - file for waiver before i129f?


64 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Canada

I wanted to give this thread an update... Thanks to the assistance from several very wonderful members here on VJ, I submitted request to have the order of removal vacated. Today I received word that the order has been vacated. Thanks to everyone who helped with this, and gave such constructive advice.

Now on to the K1 process! :dance:

Congratulations! Good luck with your K-1 process, I wish you speedy success!

July 09, 2012 - Sent in application for I-129f petition for K1 Visa
Dec. 31, 2012 - NOA2
Feb. 23, 2013 - Visa received
March 31, 2013 - POE
April 12, 2013 - Wedding! (41213 prime!)

May 02, 2013 - Sent off AOS, EAD, AP package

May 04, 2013 - Package arrived at Chicago lockbox

May 22, 2013 - Early walk in Biometrics, Alexandria VA

June 03, 2013 - RFE for AOS

June 17, 2013 - RFE response received

July 05, 2013 - EAD and AP approved

July 10, 2013 - EAD card production

Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia

So now that I have a little more time, I wanted to go over all that happened during this process, in hopes that someone else will benefit. First, I would like to say thank you from the bottom of my heart to SandraNJ for all her wonderful help. She has been a godsend, and I owe my relationship to her.

Here is basically what was done since my original post. SandraNJ discovered for me that there is a method in place at each port of entry that issues a ban or Expedited Removal Order, called a request to vacate order of removal. This is a pretty lengthy process and included the following:

Request to Vacate Order - 3 pages

Copy of Passport - 3 pages

Expedited Removal Order - 16 pages

Letter from me briefly explaining the events - 1 page

Misc Supporting Documents - 10 pages

(the last included my own birth certificate, hotel receipts, airline tickets, and photos)

The entire packet was very much like a stripped down version of a K1 packet (33 pages in all), minus all the supporting evidence of ongoing relationship. But as it was explained to me was, the goal was to prove there was no intent to enter the US illegally, and show that the order was issued without just cause. Basically you are begging them to reconsider the order, and asking that it be vacated as if it was never issued. It is a long shot, but if you feel you have a strong case, and truly did no wrong, then it is worth a shot.

I personally hand delivered the packet to the watch commander, who promised to deliver the packet to the port director. The process after that is another bureaucratic waiting game, as was expected, however the watch commander explained that the request is meticulously reviewed by several people before approved or denied.

Anyway, if anyone has any questions, please feel free to ask.

ü Met online - Oct 31, 2012

ü Met in Mexico - Jan 21, 2013 Q

ü Expedited removal and 5 year ban vacated - Mar 21, 2013

ü I129F sent - Apr 16, 2013 +

ü I129F confirmed received - Apr 19, 2013

ü USCIS Acceptance Confirmation (NOA1) - Apr 25, 2013 +

ü Met in Mexico - Jun 21, 2013 Q

ü Email, petition transferred to another office - Jul 10, 2013

ü Hard copy, petition confirmed transferred to Texas - Jul 14, 2013 +

ü Email notification of NOA2 - Approved!!! (100 days) - Jul 28, 2013

ü Hard copy NOA2 - Sep 21, 2013 +

ü NVC case number - Sep 9, 2013 (

ü Hard copy NVC case number - Sep 15, 2013 +

ü Interview scheduled for Oct 4. 2013 - Approved!!!!

ü Visas received!!! - Oct 23, 2013 +

ü Port of entry - Nov 12, 2013 Q

ü Married - Dec 24, 2013

ü AOJ Interview - Jul 1, 2014

ü Green Cards Received - Jul 14, 2014 +

ü 1st anniversary -  Dec 24, 2014 

ü 2nd anniversary -  Dec 24, 2015 

ü Applied for removal of conditions - Jul 14, 2016 +

ü 3rd anniversary -  Dec 24, 2016 
Link to comment
Share on other sites

Filed: K-1 Visa Country: Yemen

Wow! Very happy for you and your girl. Mistakes happen, especially when you're not that familiar with the rules and procedures. Glad to know in your case an honest mistake was forgiven. Not everyone is so lucky. Wishing you all the best with the K-1 petition.

"If you’re brave enough to say goodbye, life will reward you with a new hello."

- Paulo Coelho

Link to comment
Share on other sites

Filed: Other Country: Brazil

FrutradCitizen Congrats my friend.We did a good job together.It's very important in situation like yours to consult a lawyer. Many people here tried to help you, but her case was about removal and you must understand about removal proceedings in order to give any opinion or advice, otherwise you can screw up big time.

Edited by sandranj
Link to comment
Share on other sites

Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...