Life is Crazy

[Unidentified 2,930]

9 minutes ago, NYCruiser said:

I think the OP is part of a gay couple....She does not want to be judged

 

Well the OP has said no they're not gay. But let's say they didn't... let's not assume things without facts and 2nd of all... It's 2018, I think we should be done with judging gay people by now

[mcdull 474]

2 hours ago, KyK said:

 

 

 

Why would you assume I am male and/or gay? (not that it really matters haha)  Really it is for personal protection, in the off chance that my ex-spouse (who is known to be revengeful and capable of anything) was on this site. I tried to be as vague as possible while still being able to receive relevant feedback to my current situation. 

 

I hope you can all be understanding. 

By saying what you are saying, you are making it confusing rather than vague.  

 

if they entered without inspection then there’s nothing to adjust status from. 

 

[geowrian 22,336]

Since "they" entered without inspection (EWI), they cannot adjust status within the US. They can still get an immigrant visa, though.

 

Assuming they have only 1 EWI and was never deported in the past, the process would be:

1) Finalize the divorce.

2) Marry.

3) File the I-130.

4) File an I-601A waiver and wait for approval. This is a provisional waiver for the 10 year bar they will receive when they exit the US.

5) Interview abroad for the immigrant visa.

6) If approved, enter on the immigrant visa. Congrats. If refused due to another inadmissibility, then the I-601A is not valid and an I-601 will be needed at that time.

 

A short timeframe between a divorce and remarriage can be a red flag, but it is what it is...it's not like waiting makes it any better as the relationship would still have been going on during that period. The same for having petitioned for the previous spouse. If the relationship is legitimate, you should be fine and overcome any sort of possible red flag via relationship evidence.

 

If my EWI assumption above is incorrect, then a 9C bar could be in place, which is not waivable until they have exited the US for 10+ years.

[Ontarkie 13,967]

~~Moved to What Visa do I Need, from AOS Family K1/k3 - The OP is looking into options as nothing can be filed until divorce is final.~~

[Mansini77 100]

56 minutes ago, geowrian said:

Since "they" entered without inspection (EWI), they cannot adjust status within the US. They can still get an immigrant visa, though.

 

Assuming they have only 1 EWI and was never deported in the past, the process would be:

1) Finalize the divorce.

2) Marry.

3) File the I-130.

4) File an I-601A waiver and wait for approval. This is a provisional waiver for the 10 year bar they will receive when they exit the US.

5) Interview abroad for the immigrant visa.

6) If approved, enter on the immigrant visa. Congrats. If refused due to another inadmissibility, then the I-601A is not valid and an I-601 will be needed at that time.

 

A short timeframe between a divorce and remarriage can be a red flag, but it is what it is...it's not like waiting makes it any better as the relationship would still have been going on during that period. The same for having petitioned for the previous spouse. If the relationship is legitimate, you should be fine and overcome any sort of possible red flag via relationship evidence.

 

If my EWI assumption above is incorrect, then a 9C bar could be in place, which is not waivable until they have exited the US for 10+ years.

 A lot of bad advice and non issue posts on this thread, ^^This post is the only one here you need to pay attention to^^.  However, I'll expand on this post some more and shine some light on step #4, the I-601A waiver.

 

As someone who has filed an approved provisional waiver I-601a, I have personal experience in this regard.  

 

Filing a I-601a waiver is a serious undertaking and probably the most difficult part of your proposed visa application for your EWI future spouse.  YOU, not your spouse, must fill out the I-601a , and provide the USCIS detailed information about how: You, the USC, will suffer "extreme hardship" without your EWI spouse.  The content of your letter, generally averages 2-5 pages, must also include EVIDENCE.  Simply telling USCIS you will be heartbroken, have financial difficultly and depression without your EWI spouse is not enough.  "Extreme hardship" is not a term that is easily defined and based on facts and will vary case to case.  

 

I'm not trying to scare you, but a provisional waiver of the 3 and 10 year bar is not a simple application form.  I would recommend you contact an immigration attorney if you decide to go this route.

 

An approved I-601a only waives unlawful presence.  Your spouse will still have to travel to the country of his/her origin and consular process and have an interview.  The Consular officer may still find reasons of "grounds of inadmissibility" if your future spouse has a criminal record, drug use, DUI, have tried to enter the United States illegally more than once, or has given a boarder agent false identification (misrepresentation), and a multitude of other reasons.

 

Again, speak to an immigration attorney and discuss your case and your options, if you decide to go this route.   

 

 

[waiting561 5]

I would of course pray! In practicality also if you and your love decide that no matter what happens--the univese will allow you to! Our world is every changing-- make it happen. Sometimes our decision to others do not make sense. Moreover, we have one life to live! Be happy and not content!😉

[Going through 5,668]

@geowrian and @Mansini77 gave you really good advice.

 

Did the girlfriend have only 1 illegal entry into the US?  Did the girlfriend ever go through voluntary deportation/removal?  When the girlfriend crossed the border did she have a fake passport/someone else's passport and claimed it was her?

Edited March 28, 2018 by Going through

[Paul & Mallory 1,398]

Why is everyone so hung up on the daggum word THEY?!

 

Honestly, I didn't even pick up on it. The OP said THEY were in the process of divorcing THEIR ex-spouse, so I'm sure THEY wouldn't feel prone to referring to them as wife/husband at this point.

 

And regardless of the reason - it doesn't take away from the questions THEY are asking, so ... ???? People can still respond to their inquiry without knowing if THEY had a wife or husband.

 

Unfortunately, OP, I have no sound advice for you. The above just really irked me. BUT it sounds like some have given you some applicable advice. Whichever route the two of you choose to take, I know it's always best to be prepared to fully and sufficiently prove your relationship, and in cases like this you may be more scrutinized than others. So be prepared for that.

 

Best of luck to you!

[doggieandsam 765]

7 hours ago, geowrian said:

Since "they" entered without inspection (EWI), they cannot adjust status within the US. They can still get an immigrant visa, though.

 

Assuming they have only 1 EWI and was never deported in the past, the process would be:

1) Finalize the divorce.

2) Marry.

3) File the I-130.

4) File an I-601A waiver and wait for approval. This is a provisional waiver for the 10 year bar they will receive when they exit the US.

5) Interview abroad for the immigrant visa.

6) If approved, enter on the immigrant visa. Congrats. If refused due to another inadmissibility, then the I-601A is not valid and an I-601 will be needed at that time.

 

A short timeframe between a divorce and remarriage can be a red flag, but it is what it is...it's not like waiting makes it any better as the relationship would still have been going on during that period. The same for having petitioned for the previous spouse. If the relationship is legitimate, you should be fine and overcome any sort of possible red flag via relationship evidence.

 

If my EWI assumption above is incorrect, then a 9C bar could be in place, which is not waivable until they have exited the US for 10+ years.

can i just ask regarding this 9C bar, is this applicable to all EWI? but the length of the bar itself (whether its 3 years or 10 years) depends on how long they stayed illegally in the US, correct?

 

also, is my understanding correct that when they have this bar, they have to wait out the bar outside the US (ie exit and stay out for 10 years in OP's case) until the length of the bar has elapsed? and only after can their case proceed etc? when is the 1-1601A waiver actually filed, at the beginning of the process right after approval of the I-130? or later on in the process ie after they have served their bar, interviewed, be denied due to the inadmissibility from EWI and then that's when they get the chance to file the waiver?

 

thanks.

 

 

[geowrian 22,336]

2 hours ago, doggieandsam said:

can i just ask regarding this 9C bar, is this applicable to all EWI? but the length of the bar itself (whether its 3 years or 10 years) depends on how long they stayed illegally in the US, correct?

A 9C bar is a permanent bar for somebody who has either been removed and then EWI'd, or somebody who has accrued at least 1 year of unlawful presence and then EWI'd.

 

The length of a 9C bar is permanent, but is waivable after being outside the US for 10 years (no 3 year in this case). The 3/10 year bar for "normal" unlawful presence is at 180+ days/1 year, respectively. But 9C is different because they entered without inspection after being barred from entry (for whatever reason) already.

 

Quote

also, is my understanding correct that when they have this bar, they have to wait out the bar outside the US (ie exit and stay out for 10 years in OP's case) until the length of the bar has elapsed? and only after can their case proceed etc? when is the 1-1601A waiver actually filed, at the beginning of the process right after approval of the I-130? or later on in the process ie after they have served their bar, interviewed, be denied due to the inadmissibility from EWI and then that's when they get the chance to file the waiver?

Not quite. They must wait at least 10 years outside the US before they can qualify for a waiver. The bar itself is permanent...it has no expiration on its own.

The I-601A has to be filed after the I-130 and while the beneficiary is within the US.

An I-601 would be filed after being refused the visa abroad (after the embassy interview). This is a waiver for a broad array of inadmissibilities, and does not require the beneficiary to be in the US (unlike the I-601A).

 

Somebody can wait out the "normal" 3/10 year bar for unlawful presence. Or they can get a waiver (via a qualifying relative) at any point after being refused the visa due to the bar. No need to wait for it to expire...that would defeat the need of getting the waiver in the first place.

Edited March 28, 2018 by geowrian

[doggieandsam 765]

thanks @geowrian, excellent info. the things i learn on VJ everyday! i have a couple more questions please.

 

18 minutes ago, geowrian said:

A 9C bar is a permanent bar for somebody who has either been removed and then EWI'd, or somebody who has accrued at least 1 year of unlawful presence and then EWI'd.

what about in OP's case, where the beneficiary is (as i understand) still in the US, so they entered without inspection and has never left nor has been ordered to leave. how does the 9C bar come into play then? or will they get a different kind of bar?

 

20 minutes ago, geowrian said:

The I-601A has to be filed after the I-130 and while the beneficiary is within the US.

i am trying to wrap my head around timelines. how is it even possible that said waiver is available while beneficiary is still in the US? or is it that they just file the waiver now, but beneficiary still needs to exit at some point and stay out for 10+ years before USCIS (or whichever agency) even adjudicates the waiver?

 

[geowrian 22,336]

1 minute ago, doggieandsam said:

what about in OP's case, where the beneficiary is (as i understand) still in the US, so they entered without inspection and has never left nor has been ordered to leave. how does the 9C bar come into play then? or will they get a different kind of bar?

Assuming that is the OP's case, then the only bar would be due to unlawful presence. A 9C bar would not apply there.

 

They would get a 10 year bar for unlawful presence of 1 year or longer the moment they leave the US. The I-601A provisional waiver should be sufficient if that's their only inadmissibility. They're basically in the same boat as somebody that overstayed their visa for 1+ year (except for the inability to AOS due to EWI).

 

1 minute ago, doggieandsam said:

i am trying to wrap my head around timelines. how is it even possible that said waiver is available while beneficiary is still in the US? or is it that they just file the waiver now, but beneficiary still needs to exit at some point and stay out for 10+ years before USCIS (or whichever agency) even adjudicates the waiver?

The I-601A is a provisional waiver. The actual bar comes into play when they exit the US, but this waiver is unique in that you file it before you actually get the bar. The beneficiary still needs to exit the US because they are not eligible to AOS...making the only option interviewing an embassy/consulate abroad. The approved I-601A basically means they won't refuse the visa solely due to the unlawful presence.

USCIS adjudicates the waiver.

 

The only time they need to wait the 10+ years abroad for the waiver is when they have a 9C bar. If there's no 9C bar, then waiting 10+ years will cause the bar to expire on its own.

[doggieandsam 765]

33 minutes ago, geowrian said:

Assuming that is the OP's case, then the only bar would be due to unlawful presence. A 9C bar would not apply there.

 

They would get a 10 year bar for unlawful presence of 1 year or longer the moment they leave the US. The I-601A provisional waiver should be sufficient if that's their only inadmissibility. They're basically in the same boat as somebody that overstayed their visa for 1+ year (except for the inability to AOS due to EWI).

 

The I-601A is a provisional waiver. The actual bar comes into play when they exit the US, but this waiver is unique in that you file it before you actually get the bar. The beneficiary still needs to exit the US because they are not eligible to AOS...making the only option interviewing an embassy/consulate abroad. The approved I-601A basically means they won't refuse the visa solely due to the unlawful presence.

USCIS adjudicates the waiver.

 

The only time they need to wait the 10+ years abroad for the waiver is when they have a 9C bar. If there's no 9C bar, then waiting 10+ years will cause the bar to expire on its own.

thank you, i understand it now.

[TBoneTX 43,429]

Three off-topic posts and an unnecessarily rude post have been removed.  Stick to the OP's topic, please.

[Boiler 43,760]

Lots of people do a I 601a themselves, now if there are other issues it is pointless, no harm in having at least a consultation with a Lawyer to see what the issues are.