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Kate and Joseph

Formly deported, working on Fiancee Visa

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Filed: K-1 Visa Country: Haiti
Timeline

I am slowly starting to understand this complicated process but please be patient with me. I'm am looking for people's experience with similar situations and want to make sure we are doing things right.

My fiancee is from Haiti, I am USC. He was raised in the US but was deported 12 years ago with a 10 year ban. He has felony history but was deported for a combination of expired visa and his former charges. We met three years ago and are very much wanting to spend our lives together. There is no doubt in my mind, that these past 12 years in Haiti have changed him since his felony history years ago. His famly also all lives in Miami now and are US citizens as well. We have consulted and hired an Immigration Lawyer out of Miami due to my fiancee's history and needing a waiver for re-entry. We filed the K-1 already and are awaiting word. Our lawyer is working on preparing the waiver as well.

Just wondering if people have had similar situations and were you successful with re-entry? Or are we being too hopeful that he will be able regain entry into the US? Any advice you can offer would be much appreciated! Thank you!

02-01-2013: I-129F Sent

02-08-2013: I-129F NOA1 received at Vermont Service Center.

06-21-2013: Received email notice of petition being transferred to local office.

06-28-2013: Received paper copy of notice of transfer to Texas Service Center

09-10-2013: Received email notice of RFE.

09-14-2013: Received paper copy of RFE.

09-27-2013: Texas Service Center received evidence for RFE

10-2-2013: Received email notice of NOA2

11-05-2013: NVC received petition.

11-13-2013: Haiti Embassy received petition

11-19-2013: Packet 3 sent from embassy (never physically received because fiancé had changed addresses and Embassy didn't have the right one)

11-20-2013: Address officially changed, Electronic copy of Packet 3 received via Email.

1-22-2014: Email sent to Haiti Embassy requesting Visa Petition Extension (Petition expired 02-01-2014)

02-10-2014: Visa Petition Extension granted via email response from Haiti Embassy (we were delayed turning in Packet 3 due to issues renewing Fiancé's passport and getting new birth certificate from Haiti Archives!)

02-28-2014: Packet 3 submitted to Haiti Messenger

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Filed: K-1 Visa Country: Haiti
Timeline

I believe it was for assault with a deadly weapon...I forget the exact wording of the charge but something along those lines. Our lawyer was able to gather the exact records though. What types of charges would affect his chances more? I know the government has to do their due diligence in screening people, but I pray the person reviewing our case understands we all have a past but some have chosen to learn from it and better themselves along the way.

02-01-2013: I-129F Sent

02-08-2013: I-129F NOA1 received at Vermont Service Center.

06-21-2013: Received email notice of petition being transferred to local office.

06-28-2013: Received paper copy of notice of transfer to Texas Service Center

09-10-2013: Received email notice of RFE.

09-14-2013: Received paper copy of RFE.

09-27-2013: Texas Service Center received evidence for RFE

10-2-2013: Received email notice of NOA2

11-05-2013: NVC received petition.

11-13-2013: Haiti Embassy received petition

11-19-2013: Packet 3 sent from embassy (never physically received because fiancé had changed addresses and Embassy didn't have the right one)

11-20-2013: Address officially changed, Electronic copy of Packet 3 received via Email.

1-22-2014: Email sent to Haiti Embassy requesting Visa Petition Extension (Petition expired 02-01-2014)

02-10-2014: Visa Petition Extension granted via email response from Haiti Embassy (we were delayed turning in Packet 3 due to issues renewing Fiancé's passport and getting new birth certificate from Haiti Archives!)

02-28-2014: Packet 3 submitted to Haiti Messenger

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Filed: K-1 Visa Country: Haiti
Timeline

When do they submit the waiver? The lawyer were are working with in Miami came with good recommendation and has experience ith similar cases. They are handling the waiver for us but I am still having a hard time understanding the details of the whole prcoess. What part would take longer...I.e. waiting for the NOA2, the interview?

02-01-2013: I-129F Sent

02-08-2013: I-129F NOA1 received at Vermont Service Center.

06-21-2013: Received email notice of petition being transferred to local office.

06-28-2013: Received paper copy of notice of transfer to Texas Service Center

09-10-2013: Received email notice of RFE.

09-14-2013: Received paper copy of RFE.

09-27-2013: Texas Service Center received evidence for RFE

10-2-2013: Received email notice of NOA2

11-05-2013: NVC received petition.

11-13-2013: Haiti Embassy received petition

11-19-2013: Packet 3 sent from embassy (never physically received because fiancé had changed addresses and Embassy didn't have the right one)

11-20-2013: Address officially changed, Electronic copy of Packet 3 received via Email.

1-22-2014: Email sent to Haiti Embassy requesting Visa Petition Extension (Petition expired 02-01-2014)

02-10-2014: Visa Petition Extension granted via email response from Haiti Embassy (we were delayed turning in Packet 3 due to issues renewing Fiancé's passport and getting new birth certificate from Haiti Archives!)

02-28-2014: Packet 3 submitted to Haiti Messenger

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Filed: K-1 Visa Country: Honduras
Timeline

Well honestly u have to apply for the waiver first. This lifts any inadmiSsability wether it is a 5 10 year or 20 year ban. Once that's clear I would then apply for the K1 even tho in ur case I'd marry first. Information on the waiver is found on the USIC website download the instructions portion maybe u get a better understanding. I believe its like $585

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I hope your attorney is good, he seems to be on tops of things.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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Filed: K-1 Visa Country: Haiti
Timeline

Revilla Law Firm in Miami...I did a lot of research before choosing his firm but they are a busy place and sometimes it can be hard to get a hold of people there. However they have been very organized in telling us what paperwork we need and when so far. We have already paid the waiver fee, got all his court/police records from Miami, and multiple character reference letters, so I'm assuming they are getting it in order. The way they explained it is, they prepare the waiver package while we apply for the K1 and then I get fuzzy on the details of the actual process.

02-01-2013: I-129F Sent

02-08-2013: I-129F NOA1 received at Vermont Service Center.

06-21-2013: Received email notice of petition being transferred to local office.

06-28-2013: Received paper copy of notice of transfer to Texas Service Center

09-10-2013: Received email notice of RFE.

09-14-2013: Received paper copy of RFE.

09-27-2013: Texas Service Center received evidence for RFE

10-2-2013: Received email notice of NOA2

11-05-2013: NVC received petition.

11-13-2013: Haiti Embassy received petition

11-19-2013: Packet 3 sent from embassy (never physically received because fiancé had changed addresses and Embassy didn't have the right one)

11-20-2013: Address officially changed, Electronic copy of Packet 3 received via Email.

1-22-2014: Email sent to Haiti Embassy requesting Visa Petition Extension (Petition expired 02-01-2014)

02-10-2014: Visa Petition Extension granted via email response from Haiti Embassy (we were delayed turning in Packet 3 due to issues renewing Fiancé's passport and getting new birth certificate from Haiti Archives!)

02-28-2014: Packet 3 submitted to Haiti Messenger

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Filed: Citizen (apr) Country: Russia
Timeline

As far as I understand, 10 year ban is and deportation is not an issue. It is over and you should not focus on this. What will be hard to accomplish is prior criminal history. Assault with a deadly weapon is a VERY serious crime and will be nearly impossible to wave. Under the circumstances I would make sure you have a very good lawyer and that he can make good arguments. This is the only chance. Very slim though. Counting on what people say here is not right. The only thing I would use visa journey members advises under the circumstances is getting a good attorney. Good luck!

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Filed: Lift. Cond. (apr) Country: China
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ADW is a tough one, good luck with this and your attorney.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Filed: Citizen (apr) Country: Argentina
Timeline

Thats gonna be difficult. I'm not sure if the US gvbernment will want to allow a person, that commited an assault with a deadly weapon, to re enter but who knows? Maybe with the help of a good lawyer you guys can achieve something. Hopefully your fiance learnt his mistake and you guys can have a future together in US or any other place. good.gif Good luck!

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Filed: K-1 Visa Country: Haiti
Timeline

Thank you, we know this is a hard road ahead of this so please keep us in your prayers! If you hear of anyone who has gone through this with a similar situation, please refer them to this thread. I would love to hear both declines/approvals, what we can expect and what extra we might have to do to push this through. The lawyer is helpful but hearing from people who have gone through this themselves would be even more beneficial. Thank you for your well wishes and comments.

02-01-2013: I-129F Sent

02-08-2013: I-129F NOA1 received at Vermont Service Center.

06-21-2013: Received email notice of petition being transferred to local office.

06-28-2013: Received paper copy of notice of transfer to Texas Service Center

09-10-2013: Received email notice of RFE.

09-14-2013: Received paper copy of RFE.

09-27-2013: Texas Service Center received evidence for RFE

10-2-2013: Received email notice of NOA2

11-05-2013: NVC received petition.

11-13-2013: Haiti Embassy received petition

11-19-2013: Packet 3 sent from embassy (never physically received because fiancé had changed addresses and Embassy didn't have the right one)

11-20-2013: Address officially changed, Electronic copy of Packet 3 received via Email.

1-22-2014: Email sent to Haiti Embassy requesting Visa Petition Extension (Petition expired 02-01-2014)

02-10-2014: Visa Petition Extension granted via email response from Haiti Embassy (we were delayed turning in Packet 3 due to issues renewing Fiancé's passport and getting new birth certificate from Haiti Archives!)

02-28-2014: Packet 3 submitted to Haiti Messenger

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Filed: K-1 Visa Country: Haiti
Timeline

I understand people make mistakes in their lives and I would not have pursued a relationship with him if I believed he would be a threat to me or those around me. I understand you don't know him or me and that might make you wary of having him readmitted. Thankfully for our sake and our futures, it is not up to you. Can you imagine if you were in this situation, how much your heart would be hurting knowing you may not get approved to spend your lives together? I am thankful God gives us second chances; now we are waiting to see if the government will. We are looking into other options if we get denied, but for now we need to have faith and prepare whatever evidence we can of our relationship and his reform. I

02-01-2013: I-129F Sent

02-08-2013: I-129F NOA1 received at Vermont Service Center.

06-21-2013: Received email notice of petition being transferred to local office.

06-28-2013: Received paper copy of notice of transfer to Texas Service Center

09-10-2013: Received email notice of RFE.

09-14-2013: Received paper copy of RFE.

09-27-2013: Texas Service Center received evidence for RFE

10-2-2013: Received email notice of NOA2

11-05-2013: NVC received petition.

11-13-2013: Haiti Embassy received petition

11-19-2013: Packet 3 sent from embassy (never physically received because fiancé had changed addresses and Embassy didn't have the right one)

11-20-2013: Address officially changed, Electronic copy of Packet 3 received via Email.

1-22-2014: Email sent to Haiti Embassy requesting Visa Petition Extension (Petition expired 02-01-2014)

02-10-2014: Visa Petition Extension granted via email response from Haiti Embassy (we were delayed turning in Packet 3 due to issues renewing Fiancé's passport and getting new birth certificate from Haiti Archives!)

02-28-2014: Packet 3 submitted to Haiti Messenger

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Filed: K-1 Visa Country: Wales
Timeline

First thing to decide is whether it is worth the money trying to get to the US or you need to be the one moving.

For some reason pasting on the site no longer works but go to immigrate2us.net, look up their list of recommended Lawyers and call a few.

It is in the FAQ.

Make sure you have full info on his Felony.

“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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