Is K-1 better option in my case?

[L_n_O 3]

Meet with an Immigration Lawyer

the end.

[~Nini~ 2]

I definitely recommend an immigration lawyer. I think the full scope of the case is beyond any advice that you'd find in these forums. While it may be expensive, it could save a lot of hassle in the long run.

Edited June 27, 2007 by Nini & Bee

[William33 110]

The more viewpoints the better. Someone who may have also been in this situation might actually respond, plus I'm usually quite postive, some people around here always like to say NO or be negative on things.

They wont perma-ban the guy or add another 10 years for filing a K-1, the worst that will happen is they will deny the K-1 with exactly the information they need to resolve it, plus they now open the door to appealing it thru the proper channels if it is denied.

Sincerely,

Ramos

Right Ramos.... Not!!! Where do you get your information?

To the OP, you seriously need to consult with a competent immigration attorney, now. Significant issues abound in your case. Call an immigration attorney now.

No one can help you here.

[ramos96 1]

I get my information from reading the USCIS website, the Immigration laws posted by the government, and tracking various immigration cases across the country.

If you have a problem with someone giving an opposing viewpoint deal with it, not everything has to be done by a lawyer, yes they are helpful, but a non-lawyer can also get the job done, that is what this Website is about if I remember correctly.

Sincerely,

Ramos

[Yodrak 8]

Ramos,

Seriously flawed viewpoint are never a good part of the mix - someone might believe them and get themselves into even bigger problems than they already have.

Your positive outlook, and other people's more negative outlooks, does not change the INA, which is what it is no matter how ignorant of it you and the rest of us may be. This fellow need advice from someone who knows what they're talking about, not from someone wearing rose-colored glasses.

Yodrak

The more viewpoints the better. Someone who may have also been in this situation might actually respond, plus I'm usually quite postive, some people around here always like to say NO or be negative on things.

.....

Sincerely,

Ramos

[JVKn'CVO 11]

If I were you...I'd meet with an Immigration Lawyer.

but also look around the waiver forum, to complement the information and help you get from the attorney, because I assume you'll have to ask for a waiver on the overstay.

Prepare yourself for a long, difficult journey...I think it's not impossible, but it won't be easy. Be careful, a lot of couples fall apart from the stress of separation and a bumpy visa road. Factor that into your decision and protect your relationship.

Good Luck,

Caro

Edited June 27, 2007 by JVKn'CVO

[ramos96 1]

I agree Yodrak he should probably contact a lawyer or start figuring out other ways to remedy this situation, but he also did not post a lot of necessary information such as:

Where is he from?

Has he received any more letters in regards to his status?

Does he even have the orginal documentation that was given to him? or is he remembering from memory?

Has he tried to cross border again? and if so was he denied entry?

These are all important things, his fiancee could start looking in her local area for immigration assistance groups they are in all the major cities, yes long queues suck but hey its free or at least low cost.

I'm not trying to be totally rose-colored, but if people don't try how do they know?

His road is not an easy one, hopefully he will respond and provide some more information so we all can continue the spirit of this site and try to be supportive and helpful to them.

Sincerely,

Ramos

[Rings 10]

Eeeeeww.. wow.

Uhhh would you let you into your country after knowing the full story?

Not to be rude or misleading, but really all you have to do is ask yourself that question.

I agree that you will not be able to fight the case alone. Even so, the chances are slim for you and I honestly think that you will be denied even with a lawyer. Most lawyers will probably tell you that during a consultation.

Not that I do not want to think positively for you, but the governement does not see you as a person.. You are a number with a history and that history matters to them. They look at thousands and thousands of cases and stories... when you sit your case in front of a guy who had a shitty morning, your chances are less than slim to none. Unless you have very valid reason for your actions that you can prove on an actual piece of paper...then your story is heresay (you word against your actions)

[Yodrak 8]

Ramos,

You're right, he didn't post very much information, and the devil is always in the details. Among the unwritten information there may be things that make his case better or worse than it appears at present. Another reason to consult an attorney, because attorneys know how to ask questions to elicit useful and necessary information. VJers typically respond - as you have done up until now - based on the limited information that posters provide rather than ask probing questions. The result can be benign, or it can be disastrous for someone who does have serious problems that they may underestimate.

You offer a reasonable suggestion to consult first with legitimate immigration assistance groups if money is a concern, although some attorneys will give an initial consultation for little or no cost.

Yodrak

I agree Yodrak he should probably contact a lawyer or start figuring out other ways to remedy this situation, but he also did not post a lot of necessary information .....

..... his fiancee could start looking in her local area for immigration assistance groups they are in all the major cities .....

Sincerely,

Ramos

Edited June 27, 2007 by Yodrak

[William33 110]

I get my information from reading the USCIS website, the Immigration laws posted by the government, and tracking various immigration cases across the country.

If you have a problem with someone giving an opposing viewpoint deal with it, not everything has to be done by a lawyer, yes they are helpful, but a non-lawyer can also get the job done, that is what this Website is about if I remember correctly.

Sincerely,

Ramos

Ramos,

This site is designed to clarify the detail of a normal case, with source material and/or reference to it. To suggest that this very complicated case is easy or can fly is reckless information. This is exactly the type of misinformation that is strictly avoided here.

Deference to an immigration attorney is the right advice here, simple as that.

[Yas/Mo 0]

I really appriciate everyone for their discussion.

I understand i made a mistake(s) and have to bare the consequences.

My fiancee and i want to get married either in United States or Pakistan. But we would prefer to start it in United States. We are not sure which route we should take to apply for myself. From USCIC, various websites and forums we thought K1 might be little better in our situation with the I-212 and/or I-601 waivers. However we understand there might be no chances at all but we might get a reason for denial and go from there in future with IR1/CR1 or K3. Right now from most responses here and other forums we are leaning towards K1 application. We will consult an immigration attorney since its a no bummer in my situation, but right now we are gathering any information we ca get which will help/hurt our case. And i am really thankful to everyone who is discussing negative or positve in this matter, i really am.

There was a question during discussion why was i fingerprinted when i was departing United States.

I was in states on a Student Visa and after the 9/11 attacks, students and visitors from pakistan were mandatory to be fingerprinted on arrival/departure and every six months after arrival aswell. In 2004, condition was lifted, and we were only to be fingerprinted on arrival and departure but not every six month while in united states.

Information Ramos asked:

Where is he from?

Pakistan

Has he received any more letters in regards to his status?

After receiving court decision letter i did not receive any more letters untill i left, I forwaded my mailing address to my Fiancee's. She received a letter from USCIS in May asking her to surrender me since she had posted the bond under her name. She contacted USCIS and scheduled for a meeting. I sent her copies of my tickets, exit stamp, Entry stamp in pakistan. She showed those documents to the agent and agent called homeland security service to make sure if i had left and homeland security concurred. Agent told my file will be sent to homeland security and when it returns we may apply to get bond refund. As of today file is still with homeland security.

Does he even have the orginal documentation that was given to him? or is he remembering from memory?

I have every single origional document from school, border patrol and court except for the last letter that my fiancee received. I have its copy.

Has he tried to cross border again? and if so was he denied entry?

No, I have not tried crossing border.

Please guys do mention if i am missing/overlooking any information, i'll be more than happy to tell.

Thank you again for your time!

Edited June 27, 2007 by yesio

[Yas/Mo 0]

Well, you might be able to get through this, but you have alot of things working against you as mentioned in the other posts.

Its possible, but with no guarantee that you could overcome the issues preventing you from entering the US. It will likely take a lot of time, and probably money if you hire a lawyer (I don't think I would do this alone in your case, though it could be done if your prepared to do alot of research). But if you are unsuccessful, there are no refunds.

Having your fiancee immigrate to Canada is probably the quickest, easiest and cheapest way out. (Provided that your fiancee doesn't have anything preventing her from living in Canada) Then after your 10 year ban expires, you can try to immigrate to the US.

I am not sure or have any information about my fiancee immigrate to canada and after ban try to immigrate to the US.

If possible could you please mention how is it possible.

Many Thanks

[ramos96 1]

Hi Yas/Mo,

Thank you for responding and providing the additional detail, yep your in a pickle but have faith, all is possible.

The 2 biggest issues you have facing you are you really 10 year banned and being to able to explain to their satisfaction why you over stayed.

From your additional information it seems it has been a month or so since there has been any activity on your situation, if it were me I would right a letter asking in regards to my situation and how I could help try to resolve it.

Again either way this is good information that you would need for immigration assistance groups and or if you consult a lawyer

Sincerely,

Ramos

[TimsDaisy 0]

The OPs biggest problem right now, from a legal perspective (albeit, NOT an immigration-expert legal one) is that he has NO CREDIBILITY.

It's great that he left the country "on his own" (and by the way, no, not really, you left because they were going to come find you sooner rather than later) and that his girlfriend was able to go in and verify this, but the fact remains: you disobeyed a judge and failed to appear in court. Oh, and you lied.

And, sadly, the fact that you're from Pakistan, in today's American view on the world, is not a good thing either.

So while, yes, Ramos is right that if the OP is willing to spend the money, then the money is the biggest thing to lose right now, I think managing expectations and carefully examining ALL options for a future with his American fiancee is the best thing to do. Start look at her emigrating to Pakistan or you both emigrating to some 3d country option if you want to be together.

The OP can research a lot on his how, this is true. But an attorney might be wise if they want to fight all-out for an American life together.

Credibility is perhaps the most important aspect of any couple's attempts to be together. DHS and State are predisposed to disbelieve you. If they have a record detailing the extent to which an applicant cannot be trusted and on which the applicant is documented lying, well, come on now, don't brush that aside as being a slight handicap.

[no name 1]

The OPs biggest problem right now, from a legal perspective (albeit, NOT an immigration-expert legal one) is that he has NO CREDIBILITY.

It's great that he left the country "on his own" (and by the way, no, not really, you left because they were going to come find you sooner rather than later) and that his girlfriend was able to go in and verify this, but the fact remains: you disobeyed a judge and failed to appear in court. Oh, and you lied.

And, sadly, the fact that you're from Pakistan, in today's American view on the world, is not a good thing either.

So while, yes, Ramos is right that if the OP is willing to spend the money, then the money is the biggest thing to lose right now, I think managing expectations and carefully examining ALL options for a future with his American fiancee is the best thing to do. Start look at her emigrating to Pakistan or you both emigrating to some 3d country option if you want to be together.

The OP can research a lot on his how, this is true. But an attorney might be wise if they want to fight all-out for an American life together.

Credibility is perhaps the most important aspect of any couple's attempts to be together. DHS and State are predisposed to disbelieve you. If they have a record detailing the extent to which an applicant cannot be trusted and on which the applicant is documented lying, well, come on now, don't brush that aside as being a slight handicap.

I can't believe it, but I agree with Daisy.

Besides all the lying & deportation, you were on a student visa & yet were not in school for almost 2 years. Your situation is bleak.