Jump to content
TpAl2020

Waiver needed?? (split)

By TpAl2020 in K-1 Fiance(e) Visa Process & Procedures

 Share

17 posts in this topic

Recommended Posts

TpAl2020 Rookie

TpAl2020   0

Posted
Timeline
Posted

Hello, I am in a somewhat similar situation. My fiance voluntary departed from the US in 2017, and he told me when he called the US Consulate in his country he found out he was deported and they put a time limit of 10 years. He never committed any crimes. And we are going to go ahead with the K-1 visa, he will be honest on the interview but I want to know does he have a chance to get the fiance visa approved from his US consulate since he was deported?

 

Do US Consulates approve K-1 visas to immigrants who were previously voluntary departed and deported from the US?

 

Please help!

Link to comment
Share on other sites
Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
31 minutes ago, TpAl2020 said:

He never committed any crimes.

Breaking the law is the definition of a crime.  Overstaying is a crime.

 

32 minutes ago, TpAl2020 said:

Do US Consulates approve K-1 visas to immigrants who were previously voluntary departed and deported from the US?

 

The CO will determine if he is eligible for a waiver.  It won't be cheap or fast.    

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Link to comment
Share on other sites
Kerakera Rookie

Kerakera   2

Posted
Timeline
Posted
36 minutes ago, TpAl2020 said:

Hello, I am in a somewhat similar situation. My fiance voluntary departed from the US in 2017, and he told me when he called the US Consulate in his country he found out he was deported and they put a time limit of 10 years. He never committed any crimes. And we are going to go ahead with the K-1 visa, he will be honest on the interview but I want to know does he have a chance to get the fiance visa approved from his US consulate since he was deported?

 

Do US Consulates approve K-1 visas to immigrants who were previously voluntary departed and deported from the US?

 

Please help!

Hello yes, don’t worry. There’s still a chance that you will get your k1 approved. Just like what happened to me, i was deported then applied for k1, we got approved and i am just waiting now for my medical and interview. I hope all things go smoothly. 

Link to comment
Share on other sites
TpAl2020 Rookie

TpAl2020   0

Posted
Timeline
  • Author
Posted
7 hours ago, Unlockable said:

Agree with @payxibka to clarify... denied entry is NOT deportation.

 

No need for waiver. Proceed with K1 and if asked about that incident, but upfront and honest. Should not adversely impact you getting a visa.

Is it possible to be approved for the fiance visa under our circumstances without the waiver since he is barred?

Link to comment
Share on other sites
TpAl2020 Rookie

TpAl2020   0

Posted
Timeline
  • Author
Posted
1 minute ago, Kerakera said:

Hello yes, don’t worry. There’s still a chance that you will get your k1 approved. Just like what happened to me, i was deported then applied for k1, we got approved and i am just waiting now for my medical and interview. I hope all things go smoothly. 

Thank you for replying. But the question I have is how long did the petition for your waiver take to get approved?? Because I see on UCIS website the average time for waiver are 31 months, and they are both around $900 US.

Link to comment
Share on other sites
Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
47 minutes ago, TpAl2020 said:

Hello, I am in a somewhat similar situation. My fiance voluntary departed from the US in 2017, and he told me when he called the US Consulate in his country he found out he was deported and they put a time limit of 10 years. He never committed any crimes. And we are going to go ahead with the K-1 visa, he will be honest on the interview but I want to know does he have a chance to get the fiance visa approved from his US consulate since he was deported?

 

Do US Consulates approve K-1 visas to immigrants who were previously voluntary departed and deported from the US?

 

Please help!

Was he denied entry or deported?  Because just being denied entry is not a 10 year bar.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Link to comment
Share on other sites
Kerakera Rookie

Kerakera   2

Posted
Timeline
Posted
17 minutes ago, TpAl2020 said:

Thank you for replying. But the question I have is how long did the petition for your waiver take to get approved?? Because I see on UCIS website the average time for waiver are 31 months, and they are both around $900 US.

I didnt applied for any waiver since i do not have bar. The k1 petition took exactly 3 months to get approved. 

Link to comment
Share on other sites
Ontarkie Grand Master

Ontarkie   13,917

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Hijacked post and related replies split off from and unrelated thread. Please do not post questions for your own case in other members threads.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites
TpAl2020 Rookie

TpAl2020   0

Posted
Timeline
  • Author
Posted
19 minutes ago, TpAl2020 said:

He was deported after voluntary departing the US. 

My fiancé told me he never knew that the US deported him because when he went back to his country he left the US by voluntary departure. 

 

My my other question is that is it possible for someone to voluntary depart the US and then the US change the status to deported even if he never tried to renter the US after going back to his home country???

 

I  do not know if he is telling the absolute truth, and I don’t know if this is possible since I don’t know much about immigration. 

Link to comment
Share on other sites
Going through Mentor

Going through   5,668

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

I think he may be getting the terminology mixed up....

 

According to your other thread a few minutes ago, he overstayed his visa by a couple of years or so---that would explain the 10-year bar.   It's not a deportation....He triggered that bar the moment he left the US.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites
Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

10 year ban so file the K-1 and see if he is recommended for a waiver.

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Link to comment
Share on other sites
USS_Voyager Experienced

USS_Voyager   1,971

Posted
Timeline
Posted (edited)
53 minutes ago, TpAl2020 said:

He was deported after voluntary departing the US. 

That makes absolutely no sense. Either he was deported or voluntarily departed. It can’t be both. 

 

How long did the overstay in the US? An overstay of over 1 year trigger a ban of 10 years from entry, even if he voluntarily departed. He’s gonna need waiver or waivers and it’s gonna be a long long road and require lots of money. Consequences of overstaying.

Edited by USS_Voyager
Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

Duplicate thread has been removed.  Poster may continue with answers and details in this thread.  Upsetting though the situation is, please do NOT start or hijack any other threads.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
SalishSea Grand Master

SalishSea   16,772

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
3 hours ago, TpAl2020 said:

Is it possible to be approved for the fiance visa under our circumstances without the waiver since he is barred?

No.  He will definitely need a waiver.  Do you have a lawyer?

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...