I-130 Approval takes longer if deportation ??

[Mwamwa 0]

Hello everyone, I am new on this cool forum. I have been reading a lot, but this is my first question and really hope I can get some help:

I am a US Citizen, my husband have been deported last year. He entered the United States legally, under a tourist visa. He has been coming to the US and leaving for the last 7 years, never overstayed. We met 3 years ago, started dating, decided to get married, went to Europe to visit his family, (got married religiously),got pregnant. One week before getting married legaly we traveled to Mexico to visit some of my family, and when crossing back, they asked him the usual questions, then they arrested him, and charged him for admitting his intention to get married under a tourist visa. He got deported 4 weeks later. When he was in detention, we got to get married, and I filed an I-130...12 months later we are still waiting. Our son was born since.

My question is why is taking so long ? is true that it takes longer when marriage occured after deportation ? Is there any risk of being denied ?

Thank you so much for your help !

[saralex 0]

I wouldn't say I'm a specialist on the subject, but I would say that this shouldn't affect your I-130. The purpose of the I-130 is to establish if you have or not a real relationship.

However, I would assume deportation will probably affect the visa process later.

[slowlyman 118]

12 months wait on a I-130 is normal. Fill in your timeline so we know where you are in the process.

Do you know if he received a ban in association with the deportation? If they nailed him with misrepresentation, he may need a waiver.

Edited March 26, 2014 by slowlyman

[Mike-eeh and Odie 192]

It's not illegal to marry someone in the USA under a tourist visa. It's only illegal if you stay and adjust status. (With all intentions of doing so, of course).

[Mwamwa 0]

I wouldn't say I'm a specialist on the subject, but I would say that this shouldn't affect your I-130. The purpose of the I-130 is to establish if you have or not a real relationship.

However, I would assume deportation will probably affect the visa process later.

Thank you for the answer !!

12 months wait on a I-130 is normal. Fill in your timeline so we know where you are in the process.

Do you know if he received a ban in association with the deportation? If they nailed him with misrepresentation, he may need a waiver.

He did receive a 5 years ban, and yes we will definitely need an I-212 waiver. He has not been charged with misrepresentation or fraud, but "only" violation of section 212(a)(7)(A)(i)(I), which is from my understanding the category for "intending immigrant".

It's not illegal to marry someone in the USA under a tourist visa. It's only illegal if you stay and adjust status. (With all intentions of doing so, of course).

Thanks, I appreciate

[Hotter Otter 1,211]

Your timeline says you filed in April but you have yet to receive N0A2, is this correct? If so you should be chasing it up as most April filers have been approved and your case is now outside of normal processing times.

[Mwamwa 0]

Your timeline says you filed in April but you have yet to receive N0A2, is this correct? If so you should be chasing it up as most April filers have been approved and your case is now outside of normal processing times.

You are right, it is exactly because it is outside of normal processing times, that I was wondering if a deportation does affect the I-130 approval, making it go trough a different process..

[slowlyman 118]

I've not seen a situation like this before, But If he has a 5 year ban. I would think the I-130 will get a denial. You need to overcome the ban.

[Mwamwa 0]

I've not seen a situation like this before, But If he has a 5 year ban. I would think the I-130 will get a denial. You need to overcome the ban.

Not at all....an I-130 does NOT automatically get denied because there is a deportation and/or a 5 years ban. Only if the marriage is not bona fide

Edited March 26, 2014 by Mwamwa