Daniel G

2 hours ago, Paul & Mary said:

Even before we were married I was able to add Mary on a credit card account.  After getting married I added her to my checking account and more credit cards, set her up as a beneficiary on my life insurance.  There is plenty that can be done.  You need to do your research.

I didnt have time to planed. Im starting from zero in another county. 

17 minutes ago, databit said:

Deported for what?

overstay

9 minutes ago, Paul & Mary said:

You have an idea of what type of information they are looking for.  Commingling of assets and bonafide proof of the marriage.   You have plenty of time to make plans and get that all together,

I understand but how can I build it in your opinion if we dont live at the same county. 

Hey guys.

Im not officially marries yet due the virus situation. My fiance is american citizenship that lives in the USA. I was deported a few months back, I was hoping to start building my I-130 case for the future. I cant relate  to many things. no mutual bills, or join taxes, etc since I dont live in the uS. any tips of how I can start building my case now, by hoping I can file it in the next 6 months or so. we talk and text 24\7 but Im guessing thats not enough to impress the government. 

thank you!

1 minute ago, geowrian said:

Yes, an I-212 and I-601 will be required (unless those bans expire, of course).

I really wish to thank you for your time. your better than 99% of the lawyers I talked to.

9 minutes ago, geowrian said:

What visa did you enter on? What date did the I-94 stamp show you were allowed to stay until? You can also look up the I-94 online: https://i94.cbp.dhs.gov/I94/

At 180 days past that date, you have a 3 year bar. At 1 year past that date, you have a 10 year bar.

so its over a year after checking. does that mean that no matter what I will have to file for 2 waivers.

28 minutes ago, geowrian said:

The CR-1 means you must legally marry first. Then the petition can be filed.

Yes, a solo I-212 would be optimal since you could probably have that approved before the interview even occurs.

The I-601 timeline is around a year or so last I saw, so it certainly extends the wait to be reunited considerably.

A hardship would be required as well. That's where having an attorney preset the case really comes in handy and where I think you get your money's worth. The paperwork for the petition and NVC is often DIY. It's the waiver where professional assistance shines.

 

The I-130 petition for a spouse typically takes ~6-10 months depending on service center. Then add a few months at NVC. Then a few months for an interview at most consulates. The timeline from I-130 petition to interview is taking around 12-16 months on average right now.

These are what people who filed ~12-16 months ago waited...this can obviously change (in either direction) for anybody filing today.

thanks again. how can I figure it out for sure if I have the 3 years bar or not? I dont really understand the calculation with the 180 to year timeline. 

3 minutes ago, geowrian said:

Gotcha.

 

If you are looking for a visa to come to the US to stay, your most direct path is either:

1) Apply for a K-1 (fiance/fiancee) visa; or

2) Marry (anywhere in the world) then apply for a CR-1 (spousal) visa. This is probably a better option given the total timeline involved of your circumstances.

 

The process is:

1) USC fIles petition in US

2) NVC processing of approved petition

3) Consulate processing for visa. This is where you would interview.

 

Either visa would be refused after the interview so long as the ban is in effect. If you need an I-601 (or I-601 and I-212), then the waiver(s) would be filed to waive the ban(s). The reason is an I-601 must be associated with a current visa application.

If only an I-212 is needed, this waiver can be filed at any time...no need to wait for a visa refusal fist.

wow. thank you so much!!!!! I really appreciate it. so it fair to say I-212 by it self is a much better situation  then needed the I-601 as well? hypothetically If I file for the CR-1 tomorrow  (no CO virus situation) how long will it take until I will get an interview.. realistically .

in both I-212 AND 601 you have to prove extreme hardship? 

1 minute ago, geowrian said:

I was referring to the visa interview.

 

Can you explain your situation a little more...

1) Are you already married or do you plan to marry? In the original post you said American spouse. A little above you mentioned marrying your American GF.

2) Are you inside or outside the US right now?

Why do I need a visa interview? I already know I will get rejected after I was deported from the US.

Im not married yet. my girlfriend is american. she lives in the US. Im outside of the us for now. Im trying to figure if this whole thing can work and I can come back some how.

6 minutes ago, geowrian said:

Those circumstances imply you need at least an I-212 for the removal.

 

Depending on how long you overstayed, that would determine if there is no ban (<180 days overstay), 3 year ban (180 to 1 year overstay), or 10 year ban (1+ year overstay). This ban starts from the date of actually exiting the US. This is what an I-601 can cover.

Note that I mentioned days of overstay - I don't know how long you were legally admitted for, hence it theoretically could be any 1 of those 3 cases above.

 

If you need to file both, then they would be filed after the interview and being determined otherwise eligible for the visa.

when you say interview do you mean the I-130 interview? . so first the US authorizes have to approve the marriage before moving forward with any waiver? 

1 minute ago, geowrian said:

10 year bar due to overstay? That's an I-601. That can only be filed after the interview and once determine to be otherwise eligible for the visa.

I-212 is for something like a previous removal/deportation.

Im really confuse and a little frustrated after talking to a lawyer that explained it to me.

I entered the US October 11 2018. an immigration judge order my deportation October 30th 2019. now I wish to get marry with my american GF. do do I need both waivers now?

12 minutes ago, geowrian said:

If you only need an I-212 (not I-601 as well), then this can be filed anytime.

what do you mean by anytime?

I have a 10 year bar, from my understanding I need only a I-212

13 minutes ago, onek said:

What kind of waiver do you need?

I-212

4 minutes ago, geowrian said:

An attorney experienced with the necessary waiver would generally be suggested. A well prepared waiver goes a long way IMO.

Where they are located doesn't matter...just so long as they practice US immigration law and you can reach them when needed.

thank you so much!

4 minutes ago, geowrian said:

Immigration law is federal. Only state specific items would be things like the validity of a marriage or divorce, but even a lawyer in another state may be able to answer any questions on that.

 

If you have a straightforward case, I don't think it helps. It helps when there are unusual circumstances, like a waiver being needed, the validity of a marriage or divorce being legal matters, etc.

They cannot do anything for the interview, or the merits of the case.

I do need a waiver. 

Hey Guys

I wonder if my american spouse lives in Indiana for example does it matter if I hire a lawyer in that state or I can use a lawyer in Florida for instance?

also from your experience does it affect the chance of success? 

thanks a lot.

On 4/18/2020 at 10:28 AM, carmel34 said:

My advice is to talk all this through with your girlfriend, the US citizen.  She needs to know the details of your DUI, your ten-year bar from entering the US, anything else from your past that she doesn't already know, that it may take 2-3 years, that there is no guarantee of success at the end of a long and very expensive visa process.  She should be part of your decision process, since she has children and cannot leave the US to live with you, so if, after the very long wait to be together, you are denied a visa to enter the US.  Then what will she do?  If you are married at that point, would she file for divorce?  These are serious, emotional, and life-changing decisions so make them together.  In addition, she is the one who will file the spousal visa or fiance visa petition on your behalf, so for her to be familiar with the process, costs, length of time, possible risk of denial at the end, etc. is very important.  Long distance relationships are difficult to maintain.  I know, my husband and I lived very far apart for two years and it is frustrating and expensive to visit each other.  Both of you need to know all of this before going down this road if you decide to try to make it work.  Good luck!

do you feel I have a good chance here from your experience? 

2 hours ago, carmel34 said:

My advice is to talk all this through with your girlfriend, the US citizen.  She needs to know the details of your DUI, your ten-year bar from entering the US, anything else from your past that she doesn't already know, that it may take 2-3 years, that there is no guarantee of success at the end of a long and very expensive visa process.  She should be part of your decision process, since she has children and cannot leave the US to live with you, so if, after the very long wait to be together, you are denied a visa to enter the US.  Then what will she do?  If you are married at that point, would she file for divorce?  These are serious, emotional, and life-changing decisions so make them together.  In addition, she is the one who will file the spousal visa or fiance visa petition on your behalf, so for her to be familiar with the process, costs, length of time, possible risk of denial at the end, etc. is very important.  Long distance relationships are difficult to maintain.  I know, my husband and I lived very far apart for two years and it is frustrating and expensive to visit each other.  Both of you need to know all of this before going down this road if you decide to try to make it work.  Good luck!

you tare the best. thank you so much for taking the time to replay. god bless you ans your husband. 

7 minutes ago, geowrian said:

Alcohol abuse is a form of substance abuse.

They will generally request a psych eval to determine if there is an ongoing substance abuse issue - namely to determine if there is a risk to yourself or others. Given how recent the DUI was, this is probably on the table.

Any steps taken to address a possible issue (rehab, AA, etc.) would likely be factors in that decision.

I understand. Im not a drinker. It was just a one time thing.

thank you so much for answering all my questions. do you have any other tips you suggest?

11 minutes ago, geowrian said:

A DUI itself is not an inadmissibility. But the factors involved can make it one (i.e. if children are involved, if there was a valid driver's license and/or insurance + registration, if any other crimes or violations were involved, etc.).

 

Depending on the specific circumstances, it can be either or both a criminal inadmissibility (CIMT) and/or medical inadmissibility (substance abuse).

A qualified immigration attorney should be able to guide you at the likelihood of it falling under either of those given your specific circumstances.

The medical side generally will mean being referred for a psych evaluation to make a determination if there is a substance abuse issue. This is part of the medical process noted above.

 

Edit: I would just add that even if it were a CIMT, the same I-601 applies.

Medical, however, I believe is a different story.

how medial will obtain determination if there is a substance abuse issue.? I dont do drugs.

what you guys think of the DUI situation? is that solvable? 

7 minutes ago, milimelo said:

No. You can’t file a waiver until you interview at the embassy, are refused and told to file a waiver. 

 

What’s your citizenship country? 

so first I will have to apply for a visa which will be denied anyway? correct? and after I will get the rejection I should file for the waiver?

Im from Israel. is that  good or bad?

in case I live in another county for work, can I do the interview for the visa in another US embassy  not the one in Israel?

2 minutes ago, geowrian said:

The ability to get the waiver will depend on her hardship. Marriage alone is not a basis for a hardship waiver.

Having the 2 young children would probably be the strongest argument as to why she cannot immigrate and therefore it is a hardship.

That said, this subject and the specifics of the presentation of the waiver would be something best suited for an attorney to address. Some waivers can be DIY, but I think most in this territory are something to discuss with an experienced immigration attorney that deals with hardship waivers. They should be able to guide you best on your specific circumstances.

 

The process is to 1) petition, 2) NVC, 3) Consulate + Interview.

Once determined otherwise eligible for the visa, then you will be refused the visa for being inadmissible. If a waiver is available, that is when it can be filed.

Timelines vary all the time, and everything is in a bit of  state of flux right now with the COVID-19 issues. But current timelines are close to 1 year for the waiver alone, and around a year or so for the petition -> interview on average.

thank you so much for your quick answer. I will hire an immigration attorney. I just wanted to know in advance my options in general. so you will say give or take about 2 years in total if I was to file the 601 today? 

1 minute ago, NancyNguyen said:

It is an expensive process so you keep that in mind too.

how expensive? lol

Hello All