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Hello there ,

 I am in removing procedure I have my master calendar date on may 2017. And I m getting married this week to US citizens and will be filling my I -130 . But I have some emergency back in my county (India ) so I have to leave asap . So I would be taking volunteer departure . My attorney told me he can file things accordingly and probably I ll need a waiver to come back to USA as I was detained and released on bond . 

So does anyone no what will be the time frame to come back to USA ?

how tough it will be ?

what are the consequences do I have to face ?

please guide me with any information you have 

thanks 

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It will be a while before you will be back in the US, if at all depending on the reason you were in removal proceedings. Waivers will be involved. It is a lengthy and expensive process.

 

You will find similar cases on immigrate2us.net.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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As noted, it depends on your particular circumstances as to why you are in removal procedures. If it is because you are currently out of status, leaving will likely incur a bar upon departure. You will need a new visa and a waiver to overcome this. If you are in status when you depart the US (i.e. if you file AOS after your marriage and your circumstances permit you to file AOS), then you likely won't incur a bar (again, we don't know all of your circumstances so can't say for sure).

 

If you only overstayed a visa, then leaving while in status (and before obtaining AP) will not incur a bar. Your AOS will be abandoned upon departure, and you will need a new visa to enter the US. Note that this is all without taking into account the particular reason for your removal - some causes may have their own bar or require other waivers or otherwise be a reason for USCIS or a CO to deny future visa attempts.

 

Either way, getting a new visa will not be a quick or easy process - and it may take years and an attorney. Good luck.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thank u for the reply .I Was detained for over stay and released on bond .while my F1 was pending . It took 2 years for USCIS to denied my visa and then I got the court date of May 2017 . So what do you guys think about me taking volunteer departure but before that marrying US citizen and filling I130 . I know I would need a waiver . But does any one can tell me about the time frame to return back in USA? My attorney told me proabaly 1 year to 2 .

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~~Similar thread Merged. Please keep all related questions to this one thread. ~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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18 minutes ago, Vinnie1 said:

Thank u for the reply .I Was detained for over stay and released on bond .while my F1 was pending . It took 2 years for USCIS to denied my visa and then I got the court date of May 2017 . So what do you guys think about me taking volunteer departure but before that marrying US citizen and filling I130 . I know I would need a waiver . But does any one can tell me about the time frame to return back in USA? My attorney told me proabaly 1 year to 2 .

Why were you detained?  Why on earth would you apply for an f1 out of status?

 

its not going to be as easy as you seem to think.  The USC needs to show extreme hardship as to why you need to return.

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Please read my signature. We are two years in a removal and termination of removal and it is 2 years plus so far and we married BEFORE removal began which apparently makes it easier.....I can't imagine what a hardship waiver would be taking, probably more than 2 unless you have a compelling hardship like spouse has a terminal illness or special needs child in America. This is if you don't face a lifetime ban, you can google why these happen.

 

It is May, 4mo away. You really need to just stay, because nothing in India short of one of your parents passing is worth leaving now and starting the sh*tstorm of waivers and bans and such. Not only will it take a good while but it will cost the price of a new car in legal fees, basically. I'm not joking about that one. 

 

You're making it so you interview, a stokes interview, for the i130 apart from your spouse which already is risky. You WILL interview for that i130 that was filed because you married in removal and that is a rough ride sometimes. I could go on and on.....


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

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