deportation Filing for CR-1 while banned from entering the US.

[UKGooner 0]

Hello Everyone,

 

I am new to the forum and spent the day trying to find answers/information relevant to my situation.

 

I am currently banned from entering the US for ten years which comes to an end in October, two months! I am a UK citizen and my Fiancee is a US Citizen. We are going to get married next month and will start the CR-1 application once my ban ends. I wondered whether anyone had been in this situation where we could start the application now and save time as from what I have read it can take six months to complete, also, as I cannot use the VWP to visit the US when my ban is up does anyone know a way I can visit while we wait for the application for the CR-1 is processed? I recently finished working and sold our house so having ties to the UK would be hard to do for any NIV so I think I may have to start working again to show ties etc.. My ban was for a VWP overstay and I do not have any criminal record.

 

Any help/info would be greatly appreciated!

[kris&me 572]

you say finance??? 

so, what u really need is to marry to start the CR1    you need marriage certificate to apply

[Crazy Cat 45,361]

You were misinformed.......CR-1 takes 12-14 months. You should plan on your fiance visiting you during the CR-1 process.  Your chances of visiting your Fiance inside the US before completion of a CR-1 are pretty slim...imo.

[Hypnos 6,579]

You can marry and file the I-130 immediately. You don't have to wait until the bar has expired to do that, you are just ineligible to actually receive the visa until then. 

 

As stated above, it will take around a year to fully complete the process. This assumes you weren't deported. 

 

You can apply for a B-2 tourist visa to visit in the interim once the bar has ended, but you'll have a hard time getting it. 

[Coco8 1,059]

As said above, you don't have to wait until the ban is over to send the application. USCIS does not care about bans. That is important at the consulate stage.

 

CR-1 takes 12-14 months. 

 

Don't apply for a B2. Try to use VWP. People that can use VWP usually get denied B2 and you sold your house so no ties to UK

 

The K1 which is for fiance takes 6-8 months. That will be faster. It has some disadvantages because it is more expensive and you cannot work for the first 3-4 months in the US because you don't get a green card immediately. You get the visa, then enter the US and marry within 90 days, then apply for a green card. 

[geowrian 22,344]

The USC petitioner can file the I-130 for you at anytime after you are married for a CR-1 visa. ETA: 12-14 months from filing to visa on average.

 

You cannot use VWP due to your past overstay (even 1 day would disqualify you). You need a B-2 visa to visit now. It's quite unlikely you will be able to obtain (or use) it given your circumstances.

 

Edit:

Just now, Coco8 said:

Don't apply for a B2. Try to use VWP. People that can use VWP usually get denied B2 and you sold your house so no ties to UK

OP is ineligible for an ESTA due to his past overstay.

Edited August 6, 2017 by geowrian

[Coco8 1,059]

2 minutes ago, geowrian said:

 

OP is ineligible for an ESTA due to his past overstay.

 

Ok. He doesn't have a strong case for B2 either.

[Boiler 48,023]

Sounds like you are both living in the UK if so marry and DCF, much quicker.