I-212 - Deciding between fiance or spouse route

[Boiler 43,749]

Sounds like nothing will be happening anytime soon.

 

Once you marry of you decide to do so then you can file the Cr1 and I 212, unlike the I 601 you do not need to wait until the visa is refused.

 

I am assuming he has no other issues.

[Corzo1106 6]

8 hours ago, dentsflogged said:

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. 

Thanks for response. I'd rather not beat a dead horse about what's helpful and what is not. I remember this being a supportive community and I'm seeing things have changed a bit.

 

I wasn't assuming my board work would influence anything. I was curious if anyone had insight into that and I see the consensus is loud and clear that it won't.

 

I did state that I will be seeing an attorney soon. Just waiting on my FOIA request documents to come so I can give them a complete file. Point taken about being factual. The third fact is an important one that I hadn't considered before. Thanks for pointing it out. 

[Corzo1106 6]

9 hours ago, JFH said:

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). 

I meant that he doesn't have a criminal record here or in Honduras. I get your point though. 

 

It's definitely looking like I'll be going the marriage route eventually. Thanks for your comment. 

[Corzo1106 6]

8 hours ago, short_man21 said:

Hello there,

 

Yes, you wouldn't be able to file a 601A Waiver because the deportation of the immigrant has to cause hardship to the USC spouse or parent. Since you guys are not married and he is outside of the U.S., this is not the form for you. The 601A Waiver would taken in consideration your involvement in the church and your current employment, so I'm not sure what the people who commented are talking about, I think they were just trying to put you down.

 

As for the I-212, there is a chance that it can be successful with the guidance of a lawyer who can demonstrate that he did have a credible fear interview with the asylum officer or that he did have a credible asylum petition in general but the lawyer and your bf must show that he was not granted legal council when he was in the process of deportation removal. I-212 and 601A pardons an "illegal" entry so I'm not sure why the people above keep bringing it up as if it were a crime. Illegally entering the U.S. is not a crime, it's a civil violation. So best thing you can do is meet with the lawyer you have the appointment with. Someone who specialized in immigration court cases.

 

I wish I could give you better advice but I-212 cases each have unique circumstances.

 

Best of look to you and your loved one!

Thanks for that info! Do you think we would need a 601 if we got married? Yes, I got the sense I was trying to be put down also. I'm glad to see VJ still has helpful, supportive users on here though! 

 

I'm glad to hear you think the credible fear interview will be helpful. He has very strong evidence of this and if had had a lawyer back then I have zero doubts he would have won his case. It makes me sad to think of all the people who come here and don't have access to lawyers or education about their legal rights. Anyways, I'm waiting to get his full file from a FOIA request and then I'll see a lawyer right away. Do you have any idea when he could submit the i212? Would we have to be engaged or married or could he submit for a different reason? Thanks so much for being helpful. I really appreciate you wishing us luck. 

[Corzo1106 6]

2 hours ago, bakphx1@aol.com said:

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. 

I'm pretty sure it wasn't voluntary. The judge asked him if he could pay for his own flight back home and he couldn't so technically he was removed. I've been pretty good about reading the paper work and studying the laws but it's definitely super complicated. I'm going to an organization of really well respected immigration lawyers soon. 

[Corzo1106 6]

1 hour ago, bakphx1@aol.com said:

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. 

I agree! The K1 might be a little faster but in the long run it's more expensive and complicated bc of the AOS paperwork that has to be completed. How long did your CR1 take? 

[Corzo1106 6]

1 hour ago, Boiler said:

Sounds like nothing will be happening anytime soon.

 

Once you marry of you decide to do so then you can file the Cr1 and I 212, unlike the I 601 you do not need to wait until the visa is refused.

 

I am assuming he has no other issues.

We're in the information gathering phase. The lawyer will definitely clarify what our best options are and I'm pretty secure about a marriage being in the cards. I agree that the CR1 and i212 are likely. 

 

He doesn't have other issues but does have a strong evidence for an asylum case.

[bakphx1 785]

34 minutes ago, Corzo1106 said:

I agree! The K1 might be a little faster but in the long run it's more expensive and complicated bc of the AOS paperwork that has to be completed. How long did your CR1 take? 

10 months.  He had his green card in 3 weeks. 

[Crazy Cat 39,660]

7 hours 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.

and some K-1s are denied for trying this....

[Boiler 43,749]

Bearing in mind the asylum comment I would have thought speed was the major factor and that would be a K1.

[TNJ17 1,329]

9 hours ago, Corzo1106 said:

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. 

If you’re taking the fiancé route, don’t have any ceremonies until after he is in the US. Just by having any kind of ceremony, even without being legally married yet, can be seen as getting married then he would be denied his visa because they will assume you are married already and did the wrong visa. K1 visas are taking around 10-12 months currently, and CR1 12-14. If you don’t have any issues, but yours will take much longer than that because of the illegal crossing and staying. Good luck. 

[mcdull 474]

17 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.

We are not treating Hondurans who are looking for a safety shelter as "terrible"

 

But are you suggesting the neighboring Nicaragua, El Salvador, Belize, Guatemala, Mexico, Costa Rica, Panama, Colombia, Ecuador etc , which Honduras shares cultural and linguistic similarities are all unsafe and one MUST travel thousands of miles to the US OF A?

 

[Derik-Lina 230]

19 hours ago, Corzo1106 said:

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!

Advice or opinion can be either positive or negative. Sorry but reality and truth are not always to our side.

That said; A tough road is ahead of you two, and I highly recommend you go it Married and not Engaged. 

An attorney is your best bet to file an I-601 and once a waiver is granted, you may save some money and file the I-130 on your own. Unfortunately, Honduras is considered a dangerous Gang Zone, and the USCIS does some serious screenings including looking at tattoos and any Gang Affiliation indicators. But, If your husband to be can prove, with the help of a seasoned attorney, that he crossed as the only option to escape death, you have a great chance to reunite here in much quicker time than many might say here in the group. Buena Suerte 

Edited January 22, 2018 by Derik-Lina

[Boiler 43,749]

43 minutes ago, Derik-Lina said:

Advice or opinion can be either positive or negative. Sorry but reality and truth are not always to our side.

That said; A tough road is ahead of you two, and I highly recommend you go it Married and not Engaged. 

An attorney is your best bet to file an I-601 and once a waiver is granted, you may save some money and file the I-130 on your own. Unfortunately, Honduras is considered a dangerous Gang Zone, and the USCIS does some serious screenings including looking at tattoos and any Gang Affiliation indicators. But, If your husband to be can prove, with the help of a seasoned attorney, that he crossed as the only option to escape death, you have a great chance to reunite here in much quicker time than many might say here in the group. Buena Suerte 

Huh/

[Springrain22 427]

Hate to say but it will be a very hard journey for him and for you. Don't expect him to be in the US anytime soon. Not going to happen.