I-212 - Deciding between fiance or spouse route

[Corzo1106 6]

Hi there VisaJourney Community,

 

I'm not new to this group. In the past I submitted a fiance visa for an ex of mine who never went to the appointment because our relationship ended prior to the date and we cancelled it. I'm not completely new to the immigration world but this new situation is much more complex. I'll be speaking with a lawyer within the next month but was hoping to get some advice/insight before then.

 

I'm in a new relationship with an amazing man who I met online. We've been in touch since May of 2017 and I went to meet him and his family late November. We are going on another trip late March. 

 

He entered the US without inspection in June of 2016 and was deported. He had a credible case for an asylum petition but didn't have family support or legal assistance so he asked to be sent home at his immigration hearing. Pretty certain he has a 10 year ban based on the deportation. He was in the US less than 180 days so we don't think he'll need a I601 waiver. 

 

We know he will need the I-212. We know we want to get married but don't want to rush our relationship either. We want to get married in Honduras so that his mom can be there as my family all have citizenship but I don't want to get married before knowing that he can come to the US. Ideally he could come here without us having to be married first but the fiance visa would not allow us to have his mom present or even visit Honduras until after several months of a marriage. 

 

I want to know if it's possible to file a I-212 before filing for a fiance or spouse visa and have it be approved. Or if we do get married how and when do we file the I-212 and is it likely it will be approved. My thinking is that it's not likely he would be approved since it hasn't even been two years. He has no criminal record and has strong moral character we can prove (through church). Also, I don't know if it would help but I'm a social worker and an elected official. I'm a governing board member for my local school district. Any advice is greatly appreciated. Thank you for reading!

[databit 328]

Regardless of what you or any church thinks, immigration will NOT think he has "strong moral character" as shown by his disregard for US laws by sneaking into the country and being deported instead of filing the proper way. It will not help him or you to believe that your own US career or position somehow attaches onto him and that makes him less guilty of breaking the law (which IS a criminal record, contrary to your statement). Humility is really the best attitude, not trying to argue against facts.

[Corzo1106 6]

Thank you for taking the time to be judgemental and unhelpful. I'm well aware of the facts and the hurdle we are facing. Please don't waste people's time with your unnecessary comments.

[mcdull 474]

2 minutes ago, Corzo1106 said:

Thank you for taking the time to be judgemental and unhelpful. I'm well aware of the facts and the hurdle we are facing. Please don't waste people's time with your unnecessary comments.

You asked for “any advise” and got a very honest answer.  Is that wrong?

[Corzo1106 6]

1 minute ago, mcdull said:

You asked for “any advise” and got a very honest answer.  Is that wrong?

Let me clarify. Any HELPFUL advice is welcome.  UNHELPFUL advice is not welcome. 

 

[cdneh 3,112]

14 minutes ago, Corzo1106 said:

Thank you for taking the time to be judgemental and unhelpful. I'm well aware of the facts and the hurdle we are facing. Please don't waste people's time with your unnecessary comments.

It is against the terms of service to tell members that they cannot post.

 

Your position in the USA, or the opinion of a local church testifying to his moral character will be unlikely to satisfy USCIS.

Edited January 21, 2018 by cdneh

[JFH 12,189]

1 hour ago, Corzo1106 said:

He has no criminal record 

Sadly that's not strictly true. He crossed the border illegally. Whilst he may not have an actual criminal record for this, it does show a disregard for the law and that will be a problem. 

 

If you want to marry in Honduras the only option is a spousal visa. For a fiancé visa you MUST get married in the USA. For a spousal visa you can get married anywhere (one of the many advantages of the spousal visa - you choose when and where you get married). 

[bakphx1 785]

30 minutes ago, mcdull said:

You asked for “any advise” and got a very honest answer.  Is that wrong?

There's a difference between "any advice" and a two-bit opinion.  In the comfort of your living room it's easy to make glib remarks about someone who never feels safe.  My husband is from Honduras and 10 days before POE was riding home from work and the bus was hijacked and taken to a side road and everyone was robbed.  Everyone assumed they'd be shot as murder is easy to get away with   Fortunately, he made it safely.  But until you have that happen, don't treat people looking for mere survival as terrible.  They aren't doing it for the latest iPhone or best car sound system.  They don't feel safe virtually night or day.  There are solutions but politicians in both countries are too corrupt and indifferent. 

 

 

With that out of my system, my question is did he sign papers?  A few lucky people don't get hoodwinked into it, but it may not be enforceable anyway.  Just makes it smoother if he didn't. I think he's okay after marriage because it tends to be something that can be worked around.  Probably more important is seeing if he has any tattoos they may be concerned with.

[TNJ17 1,329]

Regardless of what you or anyone else may think church does not mean you have morals. 

 

It sounds to me that you don’t really have an option about which route to take as seeing you said you want his mother to be present so you can’t take the fiancé route. Spousal visas are taking a good 12-14 months currently from the date of filing to visa in hand. You other problem is you said you don’t wanna rush your relationship, so you’re kind of like stuck because in order for you to start paperwork you need to be married. Because of his illegal entry and deportation, you are most definitely gonna need a lawyer, and things will probably take longer. So, yeah that’s my two cents. 

[dentsflogged 352]

58 minutes ago, Corzo1106 said:

Let me clarify. Any HELPFUL advice is welcome.  UNHELPFUL advice is not welcome. 

 

I'm sorry to be that person as if we are piling on but it WAS helpful advice - they're trying to ensure that you are not going into the process with unrealistic expectations. 

 

USCIS doesn't particularly care about what job or position the Petitioner holds in society (unless it is being used as part of a reason for an expedite) and unfortunately especially in the USA when it's really quite easy for the average person to register a new religious body, a letter from a relgious official unless its from a known, highly placed public religious official is not likely to have any weight behind it.

 

Personally if you want "helpful" advice - I would consult an immigration attorney and provide them with FACTS not FEELINGS.

 

Fact: He previously entered the country illegally.

Fact: He was deported.

Fact: He has previously shown immigration intent (by illegally entering the country) which would make it harder to prove bonafide relationship on his end - the burden of proof would be on you two as a couple to prove that the relationship is genuine and not another attempt on his side to enter the country (legally, this time). 

 

Unfortunately, there is no way to know for sure that he can come to the US prior to marriage.  This forum is full of people who have waited multiple years for their spousal visas (I believe one couple it took nearly 4 years post marriage) approved.

 

Marriage is no longer a guaranteed path to LPR in the US. 

[bakphx1 785]

I will follow up with one thing that I kind of missed before. The church cannot Supply anyting that USCIS will look at. The only thing that will matter are his police clearance and Tattoos if any. That's all that will be looked at.

[Corzo1106 6]

7 hours ago, bakphx1@aol.com said:

There's a difference between "any advice" and a two-bit opinion.  In the comfort of your living room it's easy to make glib remarks about someone who never feels safe.  My husband is from Honduras and 10 days before POE was riding home from work and the bus was hijacked and taken to a side road and everyone was robbed.  Everyone assumed they'd be shot as murder is easy to get away with   Fortunately, he made it safely.  But until you have that happen, don't treat people looking for mere survival as terrible.  They aren't doing it for the latest iPhone or best car sound system.  They don't feel safe virtually night or day.  There are solutions but politicians in both countries are too corrupt and indifferent. 

 

 

With that out of my system, my question is did he sign papers?  A few lucky people don't get hoodwinked into it, but it may not be enforceable anyway.  Just makes it smoother if he didn't. I think he's okay after marriage because it tends to be something that can be worked around.  Probably more important is seeing if he has any tattoos they may be concerned with.

Thank you! That's exactly what I was getting at. I didn't write his whole life story so there's plenty I didn't mention and I wasn't expecting people to be so negative. I appreciate your comment! I'm glad your husband made it safely and I hope you're very happy together in the US. 

 

I'm not sure if he signed papers but my guess is he likely did. I submitted a FOIA request and should get his entire file within the best couple of weeks. He has no tattoos or criminal record in Honduras. He's a sheet metal worker and has had a stable job for 6 years. 

[Corzo1106 6]

7 hours ago, TNJ17 said:

Regardless of what you or anyone else may think church does not mean you have morals. 

 

It sounds to me that you don’t really have an option about which route to take as seeing you said you want his mother to be present so you can’t take the fiancé route. Spousal visas are taking a good 12-14 months currently from the date of filing to visa in hand. You other problem is you said you don’t wanna rush your relationship, so you’re kind of like stuck because in order for you to start paperwork you need to be married. Because of his illegal entry and deportation, you are most definitely gonna need a lawyer, and things will probably take longer. So, yeah that’s my two cents. 

I'm sceptical of people based on their actions not on whether they go to church or not. I mentioned church bc I thought it might be relevant. I've understood the point that it's not that helpful. 

 

In rethinking things I wonder if we could a ceremony through church first and not get legally married until we are in the US. Having multiple ceremonies might be something people do in these international relationships. Any idea how long fiance visas are taking? It's definitely a catch 22 isn't it... thanks for your 2 cents! I appreciate it. 

[bakphx1 785]

5 minutes ago, Corzo1106 said:

I'm not sure if he signed papers but my guess is he likely did. I submitted a FOIA request and should get his entire file within the best couple of weeks. He has no tattoos or criminal record in Honduras. He's a sheet metal worker and has had a stable job for 6 years. 

I wish I knew more about the laws with visas and deportation.  If he was considered a voluntary departure and/or he was here under a year that could be a big plus.  Only a lawyer can give good advice. 

[bakphx1 785]

3 minutes ago, Corzo1106 said:

 

In rethinking things I wonder if we could a ceremony through church first and not get legally married until we are in the US. Having multiple ceremonies might be something people do in these international relationships. Any idea how long fiance visas are taking? It's definitely a catch 22 isn't it... thanks for your 2 cents! I appreciate it. 

My two cents - unless things are too dire, go for a CR1 instead of a K1.  I initially wanted a K1, but an attorney talked me out of it (though I did the CR1 myself). 

 

The CR1 is better all the way around, and the K1 used to be about three months, while now it's about 7.  Totally not worth it.