CR-1/IR-1, US entry ban waiver (merged)

[Crazy Cat 39,335]

2 minutes ago, pushbrk said:

but unless you have a job in the US or one that is transferring you back to the US, you'll likely need a qualified financial sponsor.

Great point.  I sometimes forget that......😀

[sidmando 15]

2 minutes ago, Lucky Cat said:

Great point.  I sometimes forget that......😀

 

5 minutes ago, pushbrk said:

Reading between the lines, just know that it is a good idea to use a US mailing address if possible but show your actual physical address in the applicable section.  Be as familiar with the whole process as possible before you start.  You're filing a petition with USCIS but it's not a visa application.  USCIS does not issue visas.  Not only will you need to show evidence (in the next stage) that YOU intend to re-establish domicile in the US, but unless you have a job in the US or one that is transferring you back to the US, you'll likely need a qualified financial sponsor. (Again, at the NEXT stage.)

Thanks, pushbrk. I will definitely need a financial sponsor, since I am self-employed. Fortunately, my father has offered to sponsor our application, and his financial situation is very solid.

[sidmando 15]

Hi all,

 

I am preparing to begin the process of applying for a spousal visa for my Peruvian wife. I am going to try to do the process myself without hiring an attorney (and I expect this site will become an invaluable resource as I go through the process). The whole thing seems straightforward enough, however there is one complicating factor in our case. 3 years ago (before my wife and I met), my wife was staying in the US on a tourist visa, and she returned to Peru and was then denied re-entry to the US on suspicion of working illegally. She was given a 5 year ban from entering the US. To be clear, she was NOT deported, and there was never any proof that she was working or any legal proceedings. She was simply sent back to Peru and given the 5 year ban. I have been told by immigration attorneys that we can apply for a waiver of the ban in conjunction with our visa application. So my question is whether anyone has experience with such waivers and can explain how the process works. At what point in the process would I need to apply for the waiver, and how would I go about doing so?

 

As always, thanks so much for your help and advice!

[Dashinka 23,274]

Basically, you won't know if a waiver is necessary until your wife actually applies for the visa (not when you submit the I130).  Spouses of USCs are generally forgiven for a lot of things including overstays and illegal work, so I am not certain if a waiver will even be necessary, but she won't find out until she has her consulate interview and by that time it appears she will be close to being past the 5 year bar.

 

Good Luck!

[HRQX 4,145]

1 minute ago, Dashinka said:

Basically, you won't know if a waiver is necessary until your wife actually applies for the visa (not when you submit the I130).

From OP's older thread and what the attorneys confirmed looks like Form I-212 would be filed.

That form can be filed before the visa interview: https://www.uscis.gov/forms/direct-filing-addresses-for-form-i-212-application-for-permission-to-reapply-for-admission-into-the "Applicant for immigrant visa and waiver on Form I-601 not required"

[SalishSea 16,806]

41 minutes ago, sidmando said:

Hi all,

 

I am preparing to begin the process of applying for a spousal visa for my Peruvian wife. I am going to try to do the process myself without hiring an attorney (and I expect this site will become an invaluable resource as I go through the process). The whole thing seems straightforward enough, however there is one complicating factor in our case. 3 years ago (before my wife and I met), my wife was staying in the US on a tourist visa, and she returned to Peru and was then denied re-entry to the US on suspicion of working illegally. She was given a 5 year ban from entering the US. To be clear, she was NOT deported, and there was never any proof that she was working or any legal proceedings. She was simply sent back to Peru and given the 5 year ban. I have been told by immigration attorneys that we can apply for a waiver of the ban in conjunction with our visa application. So my question is whether anyone has experience with such waivers and can explain how the process works. At what point in the process would I need to apply for the waiver, and how would I go about doing so?

 

As always, thanks so much for your help and advice!

Probably will be a non-issue in that by the time she is interviewing, the five years will have elapsed.

[retheem 553]

Go ahead and apply,  it may be a non issue by the time she interviews. If by the interview time it's a few months left for the ban to be over, she can postpone the interview.

[Coco8 1,039]

FYI if she had been working, she needs to answer the truth in the forms. Not telling the truth would be WAY worse, because like others said, the ban is forgiven by marriage to US citizen and also, illegal work is forgiven by marriage. Lies are not forgiven and that would be the worst case scenario.

 

What USCIS understands as working could be something we might not consider working or might not realize it was working. Babysitting, for instance, even for a friend or relative, is considered working. 

Edited February 10, 2021 by Coco8

[pushbrk 12,136]

2 hours ago, Coco8 said:

FYI if she had been working, she needs to answer the truth in the forms. Not telling the truth would be WAY worse, because like others said, the ban is forgiven by marriage to US citizen and also, illegal work is forgiven by marriage. Lies are not forgiven and that would be the worst case scenario.

 

What USCIS understands as working could be something we might not consider working or might not realize it was working. Babysitting, for instance, even for a friend or relative, is considered working. 

No idea why the OP is starting so many separate threads about his spouse visa process.  OP.  You're doing a spouse visa.  Please keep your discussion in one topic and include all the applicable details.

 

You can't hide anything.  Telling the truth is absolutely critical.  Any lie has far greater consequence than the truth.  When did the five year ban start?  This is not just a visa cancellation.  Stop minimizing issues with separate but related topic titles.

[Penguin_ie 5,986]

**** Four threads on the same/ similar issues merged.  Please do not start more than one thread on your case./ question, it can be considered spamming and confuse memebrs trying to help.  If you have any follow on questions or additional info, post them in this thread as a reply. *****

[HRQX 4,145]

5 hours ago, sidmando said:

and was then denied re-entry to the US

What is the exact date that the re-entry was denied?

[sidmando 15]

2 minutes ago, HRQX said:

What is the exact date that the re-entry was denied?

I believe it was Sept. 13, 2018.

[Ryan H 3,791]

~~~Hijack post removed~~~

[sidmando 15]

Could someone help me understand the correct way of using this site? On every other forum/bulletin board site I have used one just creates a new thread every time they have a new question to ask or subject to discuss. So I assumed that was how this site worked. Apparently I was wrong. So do I understand correctly that everything I post from now until eternity should be part of the same thread? If so, how do users become aware if I have raised a new subject or asked a new question?

Thanks for helping a newbie out!

[HRQX 4,145]

35 minutes ago, sidmando said:

Could someone help me understand the correct way of using this site?

Since your thread from last year and this most recent thread both asked about the waiver process (i.e. when to file I-212, etc.) they are essentially asking the same thing.

 

In contrast, the thread about your stepdaughter's case is separate so that is still it's own thread.