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

By jaffar in IR-1 / CR-1 Spouse Visa Process & Procedures

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jaffar Contributor

jaffar   2

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On 11/27/2018 at 4:22 PM, geowrian said:

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.

Thanks Georwrian for all your insights,

 

In order to apply for DCF do you know if I still have to file I-130 in advance (as of now)?

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To give more info on this-----OP's prior thread on this adds a little more insight and answers a few questions asked previously.    

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Agreed. Learning a new language is not extremely difficult if your are determined.   Living to Germany is by far the simplest and most viable option considering all of the issues involved.

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You have to make sure she doesn't have a misrep bar. Misrep is a permanent ban, not a 10 year ban.   If she has a misrep (which sounds like she may since she was caught in a lie and signed o

NikLR Grand Master

NikLR   13,220

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53 minutes ago, jaffar said:

Thanks Georwrian for all your insights,

 

In order to apply for DCF do you know if I still have to file I-130 in advance (as of now)?

Dcf is filed completely in the country you're living in. For Germany you would send the I-130 packages to the embassy in Frankfurt. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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jaffar Contributor

jaffar   2

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36 minutes ago, NikLR said:

Dcf is filed completely in the country you're living in. For Germany you would send the I-130 packages to the embassy in Frankfurt. 

So i just have to fill out the I-130 forms for my Wife and 2 kids and mail it to the consulate in Frankfurt or do i have to go in person to file  it .... any clue.?

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Mollie09 Proficient

Mollie09   1,543

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7 minutes ago, jaffar said:

So i just have to fill out the I-130 forms for my Wife and 2 kids and mail it to the consulate in Frankfurt or do i have to go in person to file  it .... any clue.?

Are you residing in Germany?

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jaffar Contributor

jaffar   2

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5 minutes ago, Mollie09 said:

Are you residing in Germany?

I have a resident permit of Germany for past 10 years .... but my job is based out of U.S and  i have been travelling back and forth quit alot... I do have utility bills and medical insurance to prove that i am currently a resident of Germany..... so I am not sure if that full fills the residency requirement.?

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geowrian Grand Master

geowrian   22,335

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3 hours ago, jaffar said:

I have a resident permit of Germany for past 10 years .... but my job is based out of U.S and  i have been travelling back and forth quit alot... I do have utility bills and medical insurance to prove that i am currently a resident of Germany..... so I am not sure if that full fills the residency requirement.?

Best to contact the Frankfurt embassy and ask them what they will require for DCF. It varies from embassy to embassy, and your case of being a resident under their law may or may not be sufficient for the US embassy.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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