TpAl2020

1 minute ago, Boiler said:

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

Yes I am the same person. He overstayed it by 1 month.

8 minutes ago, Paul & Mary said:

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

Yes do you know about how long the 212k takes? How many months? And would he be eligible for the 212 waiver with his deportation in 2017.

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. 

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!

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. 

36 minutes ago, Paul & Mary said:

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

He was deported after voluntary departing the US. 

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.

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?

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!