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Lauren32983

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    Voluntary Departure and Unlawful Presence

    in K-3 Spouse Visa Process & Procedures

    Posted

    Hi Everyone,

    I am new here and this is my first post...I hope I can get some good answers here! I am currently living in Jordan with my husband, our case is at the NVC. I am concerned that at our interview we will be asked for the I-601 based on unlawful presence, but I am not sure. Let me give you the background on the case:

    My husband entered in 1989 on a F-1 D/S Visa. He never attended school. At some point there was a deportation against him.He got married in June 1997. They filed I-130 and AOS. In 98 he was granted Advance Parole, and re-entered U.S. which reads in his passport, AOS, pursuant to Sec.212(d) until July 99. (So the first deportation order would be gone since he left in 98) Fast forward to 2001. He gets divorced from his first wife. In this period the I-130 and 485 are approved. Then when the divorce starts rolling she abandons her petition. She calls INS and has him picked up while visiting their daughter. He spends 2 weeks in detention in Kenosha, WI. He is released on $10,000 bond. My husband spends this whole time-from 2001 until 4/2007 fighting this these issues with INS and Board of Immigration Appeals. In April 2007 the judge grants him Voluntary Departure, which he complies with and left the U.S. in June. We have been here ever since. We got married in June (didn't want to while under the proceedings) and I filed the I-130 in July. It was just approved in February. Ok, so my questions are as follows:

    -Why wasn't he deported in 2001 when detained by INS if he was in fact illegal?

    -What exactly defines his unlawful presence, given that the AOS was granted, then revoked by the first wife? I read somewhere that if he was under proceedings regarding this particular application that no unlawful presence would occur?

    -He re-entered on the Advance Parole, not EWI or anything so was he unlawfully present, since he was filing appeals and what not?

    -Which bar, if any is he subject to?

    Any advice would be helpful, also how will they address all of this at the interview? Anyone from Jordan who has recently had their CR1 Interview? The Jordan Embassy lists approx. 5 month wait from the time they receive the NVC Case to the interview, is there anyone with more hopeful information than that?

    Please help, I am feeling so desperate and confused about this, any input or thoughts I would truly appreciate!

    Thanks,

    Lauren

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