moniqueinlove

During his stay in U.S. my fiance got a DUI...how does this affect his chances of not getting the I-212 approval for the fiance visa?

Thanks

Monique

Hi,

On my I-129F petition it asks about which American Embassy/Consulate my Fiance will apply at. I have heard Naples is the only one in Italy to handle K1 visas. Does anyone know any different?

Thanks,

Monique

In filling out the G-325 form for both myself and fiance...for File Number A, should I be putting his file number he got on his ER form??? Do I put it on my G-325??? His??

Thanks very much!

Are you asking for an A#? I wanna help you but I cannot understand the question. What's his ER?

expedited removal..

In filling out the G-325 form for both myself and fiance...for File Number A, should I be putting his file number he got on his ER form??? Do I put it on my G-325??? His??

Thanks very much!

Just wondering if anyone has experience filing both the I-129f and the I-212 at the same time. Especially to VT. I've heard it is a grey area as to whether this is advisable. I'm wondering if it could possibly save time? Or the opposite. I'm aware that most people advise waiting to file the I-212 until the interview. But I was curious.

mo

Hi Guys,

Do both waivers have to be filed or can it be just one of the two? My fiance is overseas< Im filing the paperwork for the fiance visa, I thought just the I-212 waiver was enough but now I'm thinking he is going to have to do the 601 too??

Any advice?

thanks

mo

Hi guys,

Just a couple of questions. If I've recieved my SO info and he forgot to type in N/A in any boxes, can I hand write them in at this point??

You can handwrite or type N/A or None, whichever is applicable.

He says they dont have "Notary Publics" in Italy, said you would have to go to a lawyer and pay 100s of dollars for each doc to have something like that.. and therefore wasn't able to get his B/C copy certified, or the copy of his passport "certified" with the raised seal. Is this a RFE waiting to happen?

What are you needing notarized at this stage? You just send plain copies of your SO's passport if you're using the stamps in the passport to prove that you've met once as required to file the petition. You do not need to send the foreign beneficiary's birth certificate, or any "certified" copies copies.

Just to give you an idea of what to send, here's what we sent:

Completed I-129F petition

I-129F Supplement: Part B, Question 18, explanation of meeting in person

G-325A and passport style photo (Petitioner)

G-325A and passport style photo (Beneficiary)

Birth certificate/US passport (Petitioner)

Letters declaring intent to marry (Petitiner and Beneficiary)

Proof of having met in person in past two years:

Plane ticket, boarding passes, page from passport showing entry stamp (Petitioner)

Copy of train ticket (Petitioner)

Bank account statement (Petitioner) showing international money withdrawals

DAted photos of petitioner and beneficiary together.

Everyone has differences in their personal case....previous marriages/divorces need to be disclosed and documents submitted as proof....and people may submit different things to prove that they've met...but you get the general idea.

I read somewhere e-mails dont count for any proof of relationship...is this true?? Did I print out a bizzilion e-mails for nothing

e-mails do not count for much in the greater contet. Remember that for the I-129F your are only asked to show that you and your fiancee are single and free to marry, AND that you and your fiancee have met at least once in the 2 years prior to filing the petition. Anything extra is up to you to include or not.

Reading this thread makes it sound IMPOSSIBLE to avoid a RFE.

An RFE can happen even if you send in what you consider the most prepared petition in the world. There's somewhat of an element of 'the luck of the draw' to this whole process. Heck, they may even issue an RFE for information you already sent....you just bite your toungue and send them what they ask. (And come to VJ to bich-n-moan )

Thank you all for the info..I never thought I would find such support for what I'm going through..its really inspiring.

Unfortunately, not only am I dealing with the I-129f petition, but I'm dealing with his deportation ,and having to file his I-212 at the same time. I've recieved so many recommendations on how to handle that. I did just have a lawyer tell me to send both to Vermont even though his deportation happened in Port Canavral, Fla. I guess I am just going to trust and hope that I'm sending both to the right place and right time. Not really sure but I can't afford to hire a lawyer.

Mo

Hi guys,

Just a couple of questions. If I've recieved my SO info and he forgot to type in N/A in any boxes, can I hand write them in at this point??

He says they dont have "Notary Publics" in Italy, said you would have to go to a lawyer and pay 100s of dollars for each doc to have something like that.. and therefore wasn't able to get his B/C copy certified, or the copy of his passport "certified" with the raised seal. Is this a RFE waiting to happen?

I read somewhere e-mails dont count for any proof of relationship...is this true?? Did I print out a bizzilion e-mails for nothing

Reading this thread makes it sound IMPOSSIBLE to avoid a RFE.

Mo

The I-212 ...is considered a waiver? YES?

I worry about the "living and working illegally" for two years.

It sounds like they are accusing him of overstaying his visa which would mean you have to wait to file the waivers at the actual interview and then you would need both the I-601 hardship waiver and the I-212 for the deportation or removal.

Please consider contacting the attorney I mentioned. You will be able to give her much more information that you can give us online and she will be able to explain everything.

Rebecca, there are a couple of different ways of doing it, right now I'm thinking she really needs to talk to an attorney because there is probably something we don't know. If she doesn't go to an attorney, then waiting until the interview would be the safest thing to do because then they can evaluate if she needs both waivers.

The 212 can be filed with the other petition, because it doesn't actually depend on having the other petition and could be filed on its own completely. If it were alone, it would go to the district office over deportation or removal and could be filed at anytime during the process. Since it is being applied for in conjunction with a relative petition and that is considered a beneficial factor the two could be submitted at the same time to the same place so that they coordinate the two. If she waits until the interview to file it then yes she would file it at the consulate and they would forward it to the district office with a recommendation.

Over the two year period, he never overstayed the 6 months they would give him....he would go back to Italy for a couple of weeks...once with me...and come back where they would stamp him 6 more months. We just didn't consider the returning from the cruise, as actually "reapplying" to come back to the U.S....BIG MISTAKE! His passport would show this right? They worded it in such a bad way...as if he didn't go back after the 6 mo intervals...

anyway....I've prepared the doc's for the 129. Do you have the email for that attorney. I want to get this going as quickly as possible. Is there any HARM in sending both the 129 and 212 to the same place in VT? how about sending both at the same time to respective places??FL and VT

Thank You guys so much!!

Monique

Any further advice guys?

One box checked on Expedited Removal paper......which happened in Port Canavral FLa...

The "rules" say the 212 gets filed at office where deportation took place?????Do I follow the rules??

129 goes to VT,because of where I live

An attorney said file both in Vt at same time....during the same conversation he changed his tune and said file seperately, 212 to Port Canavral, FLa and the 129 to VT simultaneously......but include information to Each that the other paperwork has been sent to the other place.

Good Grief!! How are you all sounding so upbeat and positive...I feel like driving off a cliff!!

Monique

Be calm. . .I know exactly how you feel. I was standing right beside my then fiance--now husband--when they did the same thing to us.

On the expedited removal paperwork, is there one box checked or two? Which box(s) are checked?

As I said before, if only one box is checked you can file the two simultaneously at the service center, but if he was charged with anything else you will have to file the 129F alone and wait to file the "waiver" at the consular interview.

On the "up" side, the service centers are now at 6 months for processing 212's. This may seem like a long time to you, but this time last year they were at a year or longer.

emt103c...

thanks for writing back!! there is one box checked..(7)(A)(i)(I).Under that it says

1)You are an immigrant not in possession of the proper valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act;

and/or

2) You have been in the United States longer than two years working and living illegally.

#

I can't believe I'm not the only one.......this experience is unreal!! How long were you two apart?

Monique

If he was actually deported, there may be other charges. What does the paperwork they gave him say?

Was it an expedited removal or did he go before a judge?

Was he "out of status" on the B1-B2?

Have you consulted an attorney?

The problem is that if he has an expedited removal against him there could be other charges as well and then it would do no good to send the 212 in before the I-129F. . .If there is an overstay of 6 months or a charge that caused them to remove him he will need another waiver too. Don't get worried, because Rebecca could be right as well and it could be a simple denial of entry for which you would need no waiver at all, this happens sometimes with countries that are members of the VWP like Italy.

IF there were no other charges against him and you were filing both, you would need to file the 212 WITH the I-129F so that they would go to the same place.

Please post more information so that we can help.

It was an expedited removal..banned for 5 years....he was not past his 6 month stay. They just didnt like his pattern of travel over the previous two years...and they said he was working and living here illegally. It didnt matter that he had his RETURN ticket the following week. This one moment has changed our lives forever. I've been crying since Sept 30th. The more I read the more hopeless it sounds. I need to send the paperwork ASAP as I finally got the money together and I don't know what to do...

Hi All,

Im brand new here and am not sure what I am doing but I do know I need help and advice.My boyfriend/fiance of two years was deported out of Port Canavral, Fla after we got off a cruise ship. Im a U.S. citizen he is an Italian Citizen...he was here on a B1/B2 visa. He would return home every 6 months and come back here and was living with me and my children. We were a family. He was deported and now is in Italy. I am filling out the paperwork for the K-1 visa and also we have the I-212 filled out for his deportation. The latter is supposed to go to Port Canavral and the other to the Vt processing place. Which one do I send first? Can I send them at the same time? Do I tell the Vt St. Albans, processing place about his deportation and do I tell the deportation people of the pending K-1 visa app???

PULEEEZ someone guide me. I spoke to an immigration attorney and he didn't even know which you file first or even if they should go to the same place instead of the I212 going to Port Canavral. We lived here in Ct. This process is overwhelming and we just finally got the $$ together since Sept 30 to go forward and now I feel stuck and afraid to send something at the wrong time or place. Is there any kind of help line someone can call when filling out this paperwork..where they can speak to someone from USCIS? I went to an office and they didn't know ANYTHING about anything!

Any and All help would be so appreciated.

Monique

Depending on reason for being deported, or denied entry you may or MAY-NOT need to file a waiver. You can only file a waiver upon a consulate officer's request, not before.

What was the reason for being denied entry?

YuandDan

He was denied entry for "living and working here illegally." Although he had his return ticket for the following week to Italy. He was on a B1-B2 visa...and would return every 6 months for a couple of weeks. Did this for two years. They didnt like his pattern of travel. It was more based on opinion than fact.

Anyway, Im getting all the doc's prepared at this time. But I am quite sure both I129 and I212 need to be filed...to seperate places...and I hope at the same time?

I spoke to a lawyer and he wasn't sure either. I cant be the first person to have had their fiance deported. Im so needing advice and help through this difficult time.

Thanks so much,

Monique

Hi,

I need advice badly, Im just starting this and hope it posts correctly. My boyfriend got deported Sept 30th, as we were getting off a cruise ship, I am now filing for a fiance visa to get him back here to the U.S. I also have to file the I-212 form for him to apply to enter the U.S. again. Should I send both forms at the same time? Do I follow the "rules" and file the I-212 at place of deportation and the I-129 at the VT (my areas) USCIS.

How long is this going to take with both issues going on at the same time?? Any and all advice much appreciated.

Monique