Refused entry to U.S twice back in 2004 on the following condition Per 8 CFR 217.4(b) charges: 212a7AI

[Boiler 43,432]

I replied to that old post and pointed out she had an option to visit but would need a B2 and a waiver. Not sure if that was likely but obviously never tried.

 

To immigrate she needs a IR 1 and a waiver plus he also needs to sponsor his children. As an aside he could have done sponsored them as a LPR.

 

I assume there is a third country option as well as the OP is not German and has recently obtained his US Citizenship.

Edited November 27, 2018 by Boiler

[Mollie09 1,543]

16 minutes ago, jaffar said:

What kind of Visa are you referring too?

 

By the way for you may be its a series of comedy ..... but in reality these are the honest mistakes of my life which cost me 14 years of separation and pain.

 

You're a USC applying for your wife, so the I-130 form for a IR-1 visa.

 

"Honest mistakes" have consequences, ignorance of the law is not an excuse. You should have definitely been more careful after the first denial.

Edited November 27, 2018 by Mollie09

[Boiler 43,432]

2 minutes ago, Mollie09 said:

You're a USC applying for your wife, so the I-130 form for a IR-1 visa.

 

"Honest mistakes" have consequences, ignorance of the law is not an excuse. You should have definitely been more careful after the first denial.

 

Obviously the OP has had many options over 14 years, at least countries where they could have lived without issue and he could have sponsored them as a LPR a very long time ago.

[jaffar 2]

15 minutes ago, Mollie09 said:

You're a USC applying for your wife, so the I-130 form for a IR-1 visa.

 

"Honest mistakes" have consequences, ignorance of the law is not an excuse. You should have definitely been more careful after the first denial.

So if i apply for  I-130 for IR-1 visa for my wife can i include my 2 children ages 8 and 12 in the same I-130 or they would need a separate I-130? when i mail them should it be a separate mails or i can include it in one mail to NVC?

 

 

[Boiler 43,432]

Individually

 

Wife will need a I601 by the sounds of it but that is filed after she is refused.

 

Bearing in mind your posts strongly suggest you appoint a competent immigration lawyer that specialises in waivers.

[Ontarkie 13,915]

~~Inappropriate post removed. Stick to answering the OP's questions or do not post.~~

[geowrian 22,335]

Agreed - sounds like a permanent bar for misrepresentation, so an I-601 will be needed for an immigrant visa. This would only be possible after interviewing and being determined to be otherwise eligible for the visa.

DCF is an option if you live overseas in Germany. Usually 6 months of residency is required.

 

As for the waiver, I also highly suggest finding a good attorney that deals with misrepresentation waivers.

While not impossible, living overseas with the spouse (as needed for DCF) may make showing the extreme hardship necessary for an I-601 very difficult.

[jaffar 2]

Thanks all. Dose anyone has any recommendation of a good lawyer who has been know for waiver winner.

[mich923 23]

11 hours ago, jaffar said:

Yes infact i have a resident permit of Germany since past 10 years so can DCF be any option? 

 

I would loved to move my self to Germany for good  if language wouldn't be the barrier. 

I believe there are classes offered in Germany for foreigners to learn German. My fiance's brother did, and is in the process of becoming a German citizen.

[TM92 527]

14 hours ago, jaffar said:

can I include my 2 kids in the same petition or do I have to file separate I-130 for my kids…. My kids were never been refused or came to U.S.

In the 2012 thread you mentioned that a daughter was born in the US, correct? Also, how many kids not born in the US do you have? Were they born after you became a US citizen, or before? https://fam.state.gov/fam/08fam/08fam030107.html:

Quote

Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time

The answers to these questions will determine which kids already are US citizens.

Edited November 28, 2018 by TM92

[jaffar 2]

On 11/27/2018 at 7:05 PM, TM92 said:

In the 2012 thread you mentioned that a daughter was born in the US, correct? Also, how many kids not born in the US do you have? Were they born after you became a US citizen, or before? https://fam.state.gov/fam/08fam/08fam030107.html:

The answers to these questions will determine which kids already are US citizens.

yes my elder daughter was born in US but other two were born abroad before i became a citizen, ... do i need to apply for I-130 for them as well or do they qualify for U.S citizenship without filiing I-130. ? 

[Boiler 43,432]

You would need to sponsor them if they wish to move to the US.

[jaffar 2]

7 minutes ago, Boiler said:

You would need to sponsor them if they wish to move to the US.

since my wife would need a waiver  ... but in regards to my kids do i have to file I-30 in a separate mail for each kid or i can send my kids petition in the same envelope as of my wife? any insight would be helpful. Thanks!

[Boiler 43,432]

The one who is a USC you do not, the others yeas and it does not matter if they all go together.

[Going through 5,668]

9 hours ago, jaffar said:

since my wife would need a waiver  ... but in regards to my kids do i have to file I-30 in a separate mail for each kid or i can send my kids petition in the same envelope as of my wife? any insight would be helpful. Thanks!

You can mail them in the same envelope.

Obviously the child who is a USC does not need a i-130.