K3 visa after Voluntary departure & unlawful presence

[MarryKate3 0]

I am an American Citizen (I was born here, parents were born here, grandparents were born here, everyone was born here) I am currently engaged and pregnant by a Nicaraguan man. He is in deportation proceedings but his judge granted him voluntary departure under safe gaurd last week. I will then go to Nicaragua to marry him then start my petition.

He was living here unlawfully for more than 1 year & less than 2 years! I understand that he will be subject to a 10 year bar when he goes to the Visa Interview (I was hoping he wouldn't). Once I file the I-130 petition I want to then file the I-129 for a K-3 visa. I know he won't be back in time to see the birth of our daughter but I just wanted advise on whether or not he will be eligible for a K-3 visa after voluntary departure and after being in the US for more than 1 year. Can I send the waiver request WITH the K-3 (I-129) request. Or is the K-3 visa out? Will he need the unlawful presence waiver for a k-3 visa??? Please help me. I have many other questions also...

Edited February 25, 2016 by MarryKate3

[Boiler 43,597]

CR1 or K3, waiver issue only comes up at the time of the interview, about a year. Usually the K3 gets closed by then as it offers nothing.

Waivers, well are your preparing that yourself or do you have a Lawyer to do that, takes another 6 months so say about 18 months total. YMMV

Edited February 25, 2016 by Boiler

[aleful 1,905]

hi

the k3 is almost obsolete anyway, it will get closed at the NVC stage, he cannot come here until his waiver is approved

[MarryKate3 0]

CR1 or K3, waiver issue only comes up at the time of the interview, about a year. Usually the K3 gets closed by then as it offers nothing.

Waivers, well are your preparing that yourself or do you have a Lawyer to do that, takes another 6 months so say about 18 months total. YMMV

Should I do the CR1, if so, what is that?

Are the K3 visas no longer taking 6 months to process? What happened?

Do you think we will need to file a waiver? Or in some cases do they let the illegal return without needing one?

What does "YMMV" mean? Sorry I am new. First child, first marriage!

hi

the k3 is almost obsolete anyway, it will get closed at the NVC stage, he cannot come here until his waiver is approved

Will you please list me the steps that you think I should take? If its not too much to ask!

CR1 or K3, waiver issue only comes up at the time of the interview, about a year. Usually the K3 gets closed by then as it offers nothing.

Waivers, well are your preparing that yourself or do you have a Lawyer to do that, takes another 6 months so say about 18 months total. YMMV

Also... yes I will be seeking assistance from a lawyer

Edited February 25, 2016 by MarryKate3

[MarryKate3 0]

hi

the k3 is almost obsolete anyway, it will get closed at the NVC stage, he cannot come here until his waiver is approved

Also... Why will they close the k3 visa petition? Is there any other visa that I can petition for to bring him here faster? Can I send the waiver with the k3 or should I not mention the unlawful presence just yet?

[Anh map 2,098]

Click on the Guides link at the top of any VJ page and follow the instructions for the spouse visa under Guides if you are married. Go the CR1 route.

This isn't going to happen quickly. The waiver comes into play later. Now you should gather the needed documents and file the I-130 petition.

[Boiler 43,597]

Never heard of K3's being that quick.

When you file a I 130 the outcome is a CR1 Visa, you will have been married probably less than 2 years. after 2 years it is an IR1.

You will need a waiver.

Your Mileage May Vary, never know quite what the future will hold, especially for timelines.

[aleful 1,905]

hi

there is no way that he can come faster, due to the fact that he needs a waiver to overcome the 10 year ban that he has

file the i130, the process will take a year, then he will be denied after the interview, the waiver can take 4 to 8 months, so it will be a long process

he cannot come to the US until the waiver is approved

[MarryKate3 0]

Click on the Guides link at the top of any VJ page and follow the instructions for the spouse visa under Guides if you are married. Go the CR1 route.

This isn't going to happen quickly. The waiver comes into play later. Now you should gather the needed documents and file the I-130 petition.

Thank you so much these links are very helpful. So step 1 is filing for the I-130... Should I just forget about the k3

[MarryKate3 0]

hi

there is no way that he can come faster, due to the fact that he needs a waiver to overcome the 10 year ban that he has

file the i130, the process will take a year, then he will be denied after the interview, the waiver can take 4 to 8 months, so it will be a long process

he cannot come to the US until the waiver is approved

in a rare God sent case, would a consulate ever excuse a 10 year ban? Also... have you ever seen an I-130 petition be less than a year? Also... Should we wait until the interview to file the waiver?

Never heard of K3's being that quick.

When you file a I 130 the outcome is a CR1 Visa, you will have been married probably less than 2 years. after 2 years it is an IR1.

You will need a waiver.

Your Mileage May Vary, never know quite what the future will hold, especially for timelines.

Ok thank you? Are waivers hard to get approved for? Are they more likely to deny it than to approve it?

[aleful 1,905]

hi

there is no excuse, he violated the laws and that's why he has a 10 year ban that needs a waiver, the waiver is sent after the interview

he will get a letter stating his denial, the law/laws broken under why he was denied and if he is eligible for a waiver/waivers and which one

until that moment he cannot file the waiver and you cannot do the hardship letter with evidence that you need to send with the waiver

you will have to prove why he must return to the US and what are the reasons that you can't move to your spouse's country to be with him

[Boiler 43,597]

Filing the waiver is asking for an excuse.

I personally would not bother with a K3, but your call.

[MarryKate3 0]

Filing the waiver is asking for an excuse.

I personally would not bother with a K3, but your call.

Ok. Understood! I won't do the k3. ok so by taking the I-130 route then just setting up the interview after the approval, how long will the waiver process takes and what comes after the approval or denial of the waiver?

[MarryKate3 0]

hi

there is no excuse, he violated the laws and that's why he has a 10 year ban that needs a waiver, the waiver is sent after the interview

he will get a letter stating his denial, the law/laws broken under why he was denied and if he is eligible for a waiver/waivers and which one

until that moment he cannot file the waiver and you cannot do the hardship letter with evidence that you need to send with the waiver

you will have to prove why he must return to the US and what are the reasons that you can't move to your spouse's country to be with him

ok. What are ways that I can prove extreme hardship here in my country? & what are good enough reasons that I cannot move there. Can i say that his ex wife lives there and that I am afraid for the safety of my child and myself? Also that I wouldn't be able to find a decent job due to my lack of spanish language skills?

[aleful 1,905]

hi

nope his ex wife is not a valid reason, the hardships are on you, the petitioner

they are usually related to sickness and health issues, financial reasons, educational, children from another marriage, caring for USC parents

check this website out, in the forum section, they have a lot of examples of hardship letters

www.immigrate2us.net