Corzo1106

3 hours ago, ASMS said:

This is not related with the OP question.

 

Idk where do you live, but 5/7 years ago when life in Venezuela wasn't that bad, I was asking myself the same question. "why, do people do that, risking their life and going to a place where they will barely have any rights?.

But everything changed in here, and all what I read about countries going through communism didn't prepared me for what I'm living right now. I consider myself fortunate, because I can still eat 3 meals everyday, when many others scrounge for food in garbage bags, but the things you see when you go outside are terrible.

Here you pray everyday to not get sick, you go home before 4pm or you risk to not live another day. And like if not enough, you must deal with the persecution and the threats of the dictatorship.

 

But hey! USCIS didn't think 27.000 homicides per year, was bad enough to approve an expedited request.

I've read and seen videos about Venezuela. I'm sorry your country is going through this and hope that the political situation changes so that people can have a decent standard of living again. I'm worried Honduras is headed in that direction what with the dictator having committed election fraud.

11 hours ago, Gamboli said:

I know that this is not related to what OP is asking, but I never understood why people would risk their lives, cross the border and move to a country where they can't work and live legally. This really limits the options that they have available. Decades ago it might have been different, but what type of high-income job an illegal immigrant could find to help them achieve the American dream? But maybe it's because I'm living in an ivory tower or something, regardless it doesn't make any sense to me. 

Dentsflogged gave you a really good response. I appreciate you checking your privilege and if you're truly interested there are many, many organizations that can give you insight and information. Maybe go make friends with someone who is experiencing this and get to know them and their story. 

12 hours ago, Boiler said:

Common in Europe and the UK as well, we even have people seeking refuge from France.

 

Seems the claim was just that and an IJ gave him the opportunity to go home and anyway apart from the ban not really relevant to the issue any longer.

Just thought, unless it was deemed frivolous which most are but not many are viewed to be.

What happened was that he had no money or legal representation and gave up. He had been in detention 5 months and didn't have any support so he asked the judge to send him home. The asylum application was never filed but yes, I see your point. Looks like it would be best to focus on the CR1 and if it comes up he can tell his story.

12 hours ago, dentsflogged said:

This is an ongoing political agenda argument going on in Australia at the moment.  Plenty of people welcome refugees. Plenty more want them to prove genuine refugee status.  For those who manage to cross through several safe countries, get on a boat, and come to Australia, the argument is made that they are not genuine refugees, because they're choosing where they go for safety, not fleeing and going to the closest safe place.  I'll never forget the fuss made in the media a few years ago about "economic migrants" because there was a boat-load of folks sailing through Australian waters holding up huge signs to the AFP/border patrol who were heading out to collect them saying "We want to go to New Zealand" - literally passing a safe country to go to another one, which at the time (and actually I think they still do, Australia is ... well, not good about that right now) had much more lenient laws regarding refugee status.

 

This is really not the forum/place for that sort of conversation, but OP you should be 100% clear on what visa your partner intends to apply for.  Immigration (as you know having done the K1 thing before) has zero sense of humour and if they think your partner is looking for any route into the country, not coming here as part of a genuine, loving relationship, he'll be denied entry and possibly banned from attempting re-entry so fast that his head (and yours) will spin. 

 

Bear in mind that the USA last I heard, has been drastically reducing the number of refugess it takes in - or at least they're attempting to.  Also bear in mind the legal definition of Refugee: 

"A refugee, as defined by Section 101(a)(42) of the Immigration and Nationality Act (INA), is a person who is unable or unwilling to return to his or her home country because of a “well-founded fear of persecution” due to race, membership in a particular social group, political opinion, religion, or national origin"

 

While it sounds somewhat... um... unpleasant in Honduras the way you have described it - certainly unsafe - it may not necessarily fall under the Refugee banner unless your partner has a verifiable story that the behavior ONLY happens to people of his race/social group/political view etc etc etc. 

If he does decide to go that way and is denied... well, just remember that 1 illegal entry/deportation, and then a denied request for refugee status will just make the CR1 that much harder and long-winded to get.    Not saying this to scare you or tell you not to do things, but take into account all the potential repercussions of actions that seem like a faster way to do things.

Yes, I'm starting to get a better sense of what will work best for our situation. I'm leaning towards the CR1 route as it's the easiest to prove and though there is absolutely risk in his community, with the political unrest and the gangs there, he did go back home and has been safe so far. 

12 hours ago, dentsflogged said:

People here can be somewhat curt sometimes, I do agree. But most people do try to be helpful - it's tough when tone doesn't come across in writing and when people who are asking for help are stressed out they may automatically assume the worst - I know I certainly have a few times when looking for advice.

 

My third point was not meant to scaremonger, it's sadly just the truth.  Gather and keep records of *everything* when in doubt. How you met, dates, contact, things you do for one another and so on - it's the little things that may end up counting when it comes to showing a bonafide relationship just as much as the big things.  

 

Best of luck with the immigration lawyer.   I have an appointment to see one myself so I know how stressful the waiting and wanting an answer or an idea of questions to ask while you wait for the appointment can be! 

I hear you. Very true. It just threw me off guard because my past experience with VJ was very supportive. Now all of a sudden there's debate on here about why low income people of color want to leave poor and violent countries that have been exploited and destabilized by the US. Lol. 

Anyways, I remember keeping records of everything when I submitted a fiance visa in the past so I've been careful about continuing that habit this time around. I have records and photos. We are very honest people so I know with the evidence I prepare and the fact that we really are in love we will be ok. 

Thanks so much! Good luck to you too! The waiting is really hard but planning this year's trips was a highlight for me yesterday. We will get there eventually! ♥️

14 hours ago, caliliving said:

People get waivers and approved all the time...find a good waiver lawyer and you have a 90+% success rate! 

Thanks! That's absolutely the plan. He will get here one day. I'm ok with being patient. 

1 hour ago, Boiler said:

Sounds like nothing will be happening anytime soon.

 

Once you marry of you decide to do so then you can file the Cr1 and I 212, unlike the I 601 you do not need to wait until the visa is refused.

 

I am assuming he has no other issues.

We're in the information gathering phase. The lawyer will definitely clarify what our best options are and I'm pretty secure about a marriage being in the cards. I agree that the CR1 and i212 are likely. 

He doesn't have other issues but does have a strong evidence for an asylum case.

1 hour ago, bakphx1@aol.com said:

My two cents - unless things are too dire, go for a CR1 instead of a K1.  I initially wanted a K1, but an attorney talked me out of it (though I did the CR1 myself). 

 

The CR1 is better all the way around, and the K1 used to be about three months, while now it's about 7.  Totally not worth it. 

I agree! The K1 might be a little faster but in the long run it's more expensive and complicated bc of the AOS paperwork that has to be completed. How long did your CR1 take? 

2 hours ago, bakphx1@aol.com said:

I wish I knew more about the laws with visas and deportation.  If he was considered a voluntary departure and/or he was here under a year that could be a big plus.  Only a lawyer can give good advice. 

I'm pretty sure it wasn't voluntary. The judge asked him if he could pay for his own flight back home and he couldn't so technically he was removed. I've been pretty good about reading the paper work and studying the laws but it's definitely super complicated. I'm going to an organization of really well respected immigration lawyers soon. 

8 hours ago, short_man21 said:

Hello there,

 

Yes, you wouldn't be able to file a 601A Waiver because the deportation of the immigrant has to cause hardship to the USC spouse or parent. Since you guys are not married and he is outside of the U.S., this is not the form for you. The 601A Waiver would taken in consideration your involvement in the church and your current employment, so I'm not sure what the people who commented are talking about, I think they were just trying to put you down.

 

As for the I-212, there is a chance that it can be successful with the guidance of a lawyer who can demonstrate that he did have a credible fear interview with the asylum officer or that he did have a credible asylum petition in general but the lawyer and your bf must show that he was not granted legal council when he was in the process of deportation removal. I-212 and 601A pardons an "illegal" entry so I'm not sure why the people above keep bringing it up as if it were a crime. Illegally entering the U.S. is not a crime, it's a civil violation. So best thing you can do is meet with the lawyer you have the appointment with. Someone who specialized in immigration court cases.

 

I wish I could give you better advice but I-212 cases each have unique circumstances.

 

Best of look to you and your loved one!

Thanks for that info! Do you think we would need a 601 if we got married? Yes, I got the sense I was trying to be put down also. I'm glad to see VJ still has helpful, supportive users on here though! 

I'm glad to hear you think the credible fear interview will be helpful. He has very strong evidence of this and if had had a lawyer back then I have zero doubts he would have won his case. It makes me sad to think of all the people who come here and don't have access to lawyers or education about their legal rights. Anyways, I'm waiting to get his full file from a FOIA request and then I'll see a lawyer right away. Do you have any idea when he could submit the i212? Would we have to be engaged or married or could he submit for a different reason? Thanks so much for being helpful. I really appreciate you wishing us luck. 

9 hours ago, JFH said:

Sadly that's not strictly true. He crossed the border illegally. Whilst he may not have an actual criminal record for this, it does show a disregard for the law and that will be a problem. 

 

If you want to marry in Honduras the only option is a spousal visa. For a fiancé visa you MUST get married in the USA. For a spousal visa you can get married anywhere (one of the many advantages of the spousal visa - you choose when and where you get married). 

I meant that he doesn't have a criminal record here or in Honduras. I get your point though. 

It's definitely looking like I'll be going the marriage route eventually. Thanks for your comment. 

8 hours ago, dentsflogged said:

I'm sorry to be that person as if we are piling on but it WAS helpful advice - they're trying to ensure that you are not going into the process with unrealistic expectations. 

 

USCIS doesn't particularly care about what job or position the Petitioner holds in society (unless it is being used as part of a reason for an expedite) and unfortunately especially in the USA when it's really quite easy for the average person to register a new religious body, a letter from a relgious official unless its from a known, highly placed public religious official is not likely to have any weight behind it.

 

Personally if you want "helpful" advice - I would consult an immigration attorney and provide them with FACTS not FEELINGS.

 

Fact: He previously entered the country illegally.

Fact: He was deported.

Fact: He has previously shown immigration intent (by illegally entering the country) which would make it harder to prove bonafide relationship on his end - the burden of proof would be on you two as a couple to prove that the relationship is genuine and not another attempt on his side to enter the country (legally, this time). 

 

Unfortunately, there is no way to know for sure that he can come to the US prior to marriage.  This forum is full of people who have waited multiple years for their spousal visas (I believe one couple it took nearly 4 years post marriage) approved.

 

Marriage is no longer a guaranteed path to LPR in the US. 

Thanks for response. I'd rather not beat a dead horse about what's helpful and what is not. I remember this being a supportive community and I'm seeing things have changed a bit.

I wasn't assuming my board work would influence anything. I was curious if anyone had insight into that and I see the consensus is loud and clear that it won't.

I did state that I will be seeing an attorney soon. Just waiting on my FOIA request documents to come so I can give them a complete file. Point taken about being factual. The third fact is an important one that I hadn't considered before. Thanks for pointing it out. 

7 hours ago, TNJ17 said:

Regardless of what you or anyone else may think church does not mean you have morals. 

 

It sounds to me that you don’t really have an option about which route to take as seeing you said you want his mother to be present so you can’t take the fiancé route. Spousal visas are taking a good 12-14 months currently from the date of filing to visa in hand. You other problem is you said you don’t wanna rush your relationship, so you’re kind of like stuck because in order for you to start paperwork you need to be married. Because of his illegal entry and deportation, you are most definitely gonna need a lawyer, and things will probably take longer. So, yeah that’s my two cents. 

I'm sceptical of people based on their actions not on whether they go to church or not. I mentioned church bc I thought it might be relevant. I've understood the point that it's not that helpful. 

In rethinking things I wonder if we could a ceremony through church first and not get legally married until we are in the US. Having multiple ceremonies might be something people do in these international relationships. Any idea how long fiance visas are taking? It's definitely a catch 22 isn't it... thanks for your 2 cents! I appreciate it. 

7 hours ago, bakphx1@aol.com said:

There's a difference between "any advice" and a two-bit opinion.  In the comfort of your living room it's easy to make glib remarks about someone who never feels safe.  My husband is from Honduras and 10 days before POE was riding home from work and the bus was hijacked and taken to a side road and everyone was robbed.  Everyone assumed they'd be shot as murder is easy to get away with   Fortunately, he made it safely.  But until you have that happen, don't treat people looking for mere survival as terrible.  They aren't doing it for the latest iPhone or best car sound system.  They don't feel safe virtually night or day.  There are solutions but politicians in both countries are too corrupt and indifferent. 

 

 

With that out of my system, my question is did he sign papers?  A few lucky people don't get hoodwinked into it, but it may not be enforceable anyway.  Just makes it smoother if he didn't. I think he's okay after marriage because it tends to be something that can be worked around.  Probably more important is seeing if he has any tattoos they may be concerned with.

Thank you! That's exactly what I was getting at. I didn't write his whole life story so there's plenty I didn't mention and I wasn't expecting people to be so negative. I appreciate your comment! I'm glad your husband made it safely and I hope you're very happy together in the US. 

I'm not sure if he signed papers but my guess is he likely did. I submitted a FOIA request and should get his entire file within the best couple of weeks. He has no tattoos or criminal record in Honduras. He's a sheet metal worker and has had a stable job for 6 years. 

1 minute ago, mcdull said:

You asked for “any advise” and got a very honest answer.  Is that wrong?

Let me clarify. Any HELPFUL advice is welcome.  UNHELPFUL advice is not welcome. 

Thank you for taking the time to be judgemental and unhelpful. I'm well aware of the facts and the hurdle we are facing. Please don't waste people's time with your unnecessary comments.

Hi there VisaJourney Community,

I'm not new to this group. In the past I submitted a fiance visa for an ex of mine who never went to the appointment because our relationship ended prior to the date and we cancelled it. I'm not completely new to the immigration world but this new situation is much more complex. I'll be speaking with a lawyer within the next month but was hoping to get some advice/insight before then.

I'm in a new relationship with an amazing man who I met online. We've been in touch since May of 2017 and I went to meet him and his family late November. We are going on another trip late March. 

He entered the US without inspection in June of 2016 and was deported. He had a credible case for an asylum petition but didn't have family support or legal assistance so he asked to be sent home at his immigration hearing. Pretty certain he has a 10 year ban based on the deportation. He was in the US less than 180 days so we don't think he'll need a I601 waiver. 

We know he will need the I-212. We know we want to get married but don't want to rush our relationship either. We want to get married in Honduras so that his mom can be there as my family all have citizenship but I don't want to get married before knowing that he can come to the US. Ideally he could come here without us having to be married first but the fiance visa would not allow us to have his mom present or even visit Honduras until after several months of a marriage. 

I want to know if it's possible to file a I-212 before filing for a fiance or spouse visa and have it be approved. Or if we do get married how and when do we file the I-212 and is it likely it will be approved. My thinking is that it's not likely he would be approved since it hasn't even been two years. He has no criminal record and has strong moral character we can prove (through church). Also, I don't know if it would help but I'm a social worker and an elected official. I'm a governing board member for my local school district. Any advice is greatly appreciated. Thank you for reading!

Hello there,

My fiancé and I needed to extend our I129 approval but were denied by the embassy. I was under the impression that it was easy to get the extension and was even assured by two different people I talked to when I called to request the extension. Our approval date was 3/18 and the expiration was 7/18. We got the email from the embassy 4/29. The email I got denying our request doesn't explain why if was denied. I received the email 7/20 and it says to make the interview appointment as soon as possible so that the petition isn't revoked. I'm calling again tomorrow but can anyone give me some tips on how to handle this? Thanks for reading!

Hello all,

I was wondering if anyone can tell me about their experience applying for a tourist visa before doing the k1 visa interview. Our k1 petition had been approved. My fiancé and I would like to do some wedding planning together before he enters the U.S. on the k1 visa. He applied for a tourist visa back in December but it was denied. I visited him late January and that is when we decided to get married. He's never been to the U.S. before so I think it's important for him to visit first so he can gauge how he will feel living here. Anyone have a similar experience? I'm worried he would get denied again. Any information or information will be greatly appreciated.

Thank you,

Noelia

Hello all,

My fiancé will hopefully be getting his k1 visa from the Guatemalan Embassy. His mother lives in Belize and we are thinking of visiting her and flying home together from Belize. Is that allowed? Or does he have to exit the country that issued the visa?

Best,

Noelia

Hey all,

It's been about 2 weeks since we got out NOA2. All the letter said was that our case would be sent to the embassy. It said nothing about NVC. I'm confused by this... I noticed other people have called NVC to get some sort of number. Is that something I need to do??

Thanks everyone,

Noelia

Hey everyone,

I have a question. After my fiancé arrives in the US how long until he can work, go to school, and travel outside of the U.S.? I'm pretty sure we have to be married first right? In that case how long after we are married? Also, would my fiancé/husband be able to qualify for financial aid? We really want him to pursue his education while he works as well. Any input anyone??

Thanks for reading!!

Congratulations and good luck to us all.

How did you find out you were approved?? Where are you looking that the status hasn't changed?

I did not get an email even though I should have. I made an account on USCIS website and have checked it pretty frequently.

Yes, I have heard the NVC process can take a few weeks but I've also heard of people making their appointment before NVC has notified them and that it's worked out fine that way.

Congratulations on the approval ! we are very lucky to be approved so fast !
We were approved on March 13th , so it is almost a week now , but the status has not changed yet , still ( Your case was approved .... )
but for us, we did not get an email , so what did you do so as to get notifications ? did you sign up on the USCIS website ?
Well , i have put this question on here , as i heared , it might take a few weeks to be recieved by NVC , and the NVC stage itself takes weeks ( 4 - 5 ) , it depends !! .
Hopefully we will get it so soon , just as we did with the approval !!

Just checked our case status and our petition has been APPROVED!! SO HAPPY!! Good luck to everyone.

Hey there, congratulations!! Looks like we are very close in terms of dates. There's actually a thread already for February filers. The link is below. Also, it's a good idea to update your timeline to reflect your notice dates. =] Good luck!

http://www.visajourney.com/forums/topic/534511-february-2015-filers/?view=getnewpost