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cloud9gt

im in a bit of a situation here...

By cloud9gt in What Visa Do I Need - Family Based Immigration

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cloud9gt Contributor

cloud9gt   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

A brief background about myself and my situation...

Â

I used to stay in Hayward CA. 12 years ago. I was there from 6th grade until I was about 22 years old (I am now 35). I voluntarily chose the option of being deported due to my incomplete travel documents. I had no idea that my documents were incomplete. I was clueless since I was still young when I came to the US. God forbid, I am not blacklisted in the United States. They did tell me that I needed to be out of the United States for 10 years before I can apply for another Visa. I have a fiance that I have been with for about 9 years and a 4 year old daughter and both are dual citizens (American and Filipino). We, as a family would like to go to the US and pursue a better future for our daughter. Basically, my question is, would it be better for us to get married first while we are here in the Philippines and apply for the I-130 petition or for my fiance to fly back to the States and file a K-1 Visa?Â

When the interview comes, should i mention that i overstayed in the US and volunteered to be deported?

Thanks

I-129F Sent : 2014-08-19

I-129F NOA1: 2014-08-26 Never received the hard copy...

I-129F NOA2: 2014-10-27 As of USCIS website status... 2014-10-28 As of Hard Copy in the mail...

I-129F NOA2 Hard Copy: 2014-11-01

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Ck207 Enthusiast

Ck207   35

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

I think you should apply for I130 . And I m strongly advise you to say the truth. As you stayed there for a while. There is no point to tell lie because they will be able to identify you. Good luck for your journey . Your case has a strong point that you guys have a daughter with us citizenship.

I129F sent : 20/12/2013

I129f received: 26/1/2013

NOA1 notification: 01/01/2014 heart.gifheart.gif

Alien registration number changed :03/01/2014

NOA2 notification: 04/02/2014

Case number: 14/02/2014heart.gifheart.gif

Embassy recieved: 19/02/2014

Fee paid: 26/02/2014

P3 recieved: 03/03/2014

P3 sent: 04/03/2014

Interview day : 07/05/2014goofy.gifgoofy.gif

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Since you have a child together (???), the more normal thing to do would be to become married, then file 130. Of course you will answer everything honestly since they know about your history anyway.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Pitaya Grand Master

Pitaya   2,576

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

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about fiancee vs. spouse visas~

~Duplicate thread removed~

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

A brief background about myself and my situation...

Â

I used to stay in Hayward CA. 12 years ago. I was there from 6th grade until I was about 22 years old (I am now 35). I voluntarily chose the option of being deported due to my incomplete travel documents. I had no idea that my documents were incomplete. I was clueless since I was still young when I came to the US. God forbid, I am not blacklisted in the United States. They did tell me that I needed to be out of the United States for 10 years before I can apply for another Visa. I have a fiance that I have been with for about 9 years and a 4 year old daughter and both are dual citizens (American and Filipino). We, as a family would like to go to the US and pursue a better future for our daughter. Basically, my question is, would it be better for us to get married first while we are here in the Philippines and apply for the I-130 petition or for my fiance to fly back to the States and file a K-1 Visa?Â

When the interview comes, should i mention that i overstayed in the US and volunteered to be deported?

Thanks

Yes, on the DS-160 form (for a K-1 visa process), the US embassy asked you about that. You should reveal all the information or otherwise you can fall into "misrepresented documents" if you are trying to conceal it. You already have completed the ban and I think you will be fine.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

You are required to disclose your time in the US on the visa application.

You have already served your 10 years ban.

There is no harm in disclosing your prior stay in the US. It's not a problem in obtaining an immigrant visa.

Lie or conceal your prior stay in the US and the ban, you will create problems for yourself.

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cloud9gt Contributor

cloud9gt   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

So i should be fine with a k-1 petition, right?

I-129F Sent : 2014-08-19

I-129F NOA1: 2014-08-26 Never received the hard copy...

I-129F NOA2: 2014-10-27 As of USCIS website status... 2014-10-28 As of Hard Copy in the mail...

I-129F NOA2 Hard Copy: 2014-11-01

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  • 3 months later...
cloud9gt Contributor

cloud9gt   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

I'm sorry to bring the thread to life again...

I have consulted with an immigration attorney and he told me that i also need to file for FOIA...I was not able to ask him why as he was in a rush for a meeting...

I just want to know what and why would i be needing this form?

thanks

I-129F Sent : 2014-08-19

I-129F NOA1: 2014-08-26 Never received the hard copy...

I-129F NOA2: 2014-10-27 As of USCIS website status... 2014-10-28 As of Hard Copy in the mail...

I-129F NOA2 Hard Copy: 2014-11-01

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

I'm sorry to bring the thread to life again...

I have consulted with an immigration attorney and he told me that i also need to file for FOIA...I was not able to ask him why as he was in a rush for a meeting...

I just want to know what and why would i be needing this form?

thanks

The attorney probably needs this form to access your "voluntary deportation" records.

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