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TpAl2020

K1 Visa for Deported Fiancé

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

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TpAl2020 Rookie

TpAl2020   0

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I sent the K1 fiancé visa on my own early January 2020.
My fiancé, had a voluntary departure and he has a 10 year ban since he left 3 months after his voluntary departure date. We called the US consulate in his country and they said his status is deported with a 10 year ban. 


He left the US in 2017 to return to his home country. 
 

I spoke to a lawyer today who told me my fiancé must wait until the 10 year ban is over until he can enter the US which will be 2027.
 

After reviewing my K-1 application will USCIS write to me that I need a waiver like the 601? 
Has anyone been in a similar situation like this?

 

Is it possible that they were offer us to apply for the waiver instead of denying our K1 application altogether? Which step could they offer the waiver, at the interview or when the application is still at the service center?

 

Thank you for any help!

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

 He will find out about any bans at his interview. I am going to assume there is more back story, could be a few reasons he has a 10 year non waiverable.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 2 months later...
Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
3 minutes ago, kim999 said:

passport sign 212 (a) (7) (A) (i) (I) 

212(k) allows for a waiver path for that.

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

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)
7 hours ago, kim999 said:

 

If the bar has ended no waiver needed.

 

So he was deported? That is doable.

Edited by Penguin_ie
edited to remove quote

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, TpAl2020 said:

Yes he overstayed his visa, and then got deported in 2017, could we apply for the 212 waiver? He has no criminal background. Oh, and I already applied for the K-1 Fiance visa, we are waiting for a response. 

Are you the same person? How long was the overstay?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

If that is all then an I 212 is what is needed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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