Mexican/american Marrying Albanian

[czech]

deletd

[czech]

can someone please post something...anything...thanks

[Marie]

i don't think he's going to be able to go through cdj. I'm going to move this post to the other category.

Don't worry, someone will post :)

[Adriane]

Hi, Czech.

There have been some approvals for people who filed through Albania. The site recently crashed and a lot of stuff was lost, but perhaps some of those people will chime in.

I don't think lying is a good idea. If they catch you doing it, you'll screw up your chances to ever get his legal residency. Plus, how will you say you met him & became engaged? They really check things like that looking for fradulent marriages/ "greencard" marriages.

Did he ever have a visa or did he EWI (enter without inspection)? How many times did he enter and has he ever left? Has he ever committed any crimes?

As long as he only entered once, you should be able to file the I-601. To file in Mexico, I think he needs to legally resdie there- and that might be hard to swing. CDJ 'takes' non-Mexicans, but they have to be legally residing in Mexico for at least 1 year before filing. Getting married at or straddling the border won't help (and isn't really feasible anyway.)

You'll need to file either the I-130 if you do get married or the I-129f is your are engaged for him and eventually you'll get an interview. The interview will be in Albania (or whatever consulate handles Albanian cases) and at that interview you'll be denied his visa. As long as he's only entered 1 time, you'll be able to file the I-601 waiver and if you can present a strong enough case, you should have a decision in about 6-8 months (I think I recall that was the wait time for that part of the world, but please double check.)

I would contact Laurel Scott at www.visacentral.net. She is an attorney who posts here frequently and will be able to tell you what your best option is/ approval rates/ time frame, etc. She has a free chat on wednesdays at 11am Central tim.

You're in the right place- we'll all help you through this!

Good luck!

[USnoiva]

Scenario #1 - You will need to be married before you file K-3, and be prepared to explain how you met and evidence of a relationship. You will also need to cover up all his "tracks" from being in USA.

Scenario #2 & #3 - I am really not sure if this will work. Wouldn't he need legal status in Mexico?

How did he enter? EWI through Mexico? or is he overstay?

[Adriane]

"Implications of a Fraud Finding

INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”

This section imposes a permanent inadmissibility on the visa applicant so that s/he may never be allowed to enter the United States. Though waiver of inadmissibility is available under limited circumstances, it is important that each applicant understands the serious consequences of misrepresentation and is truthful on the application. "

I would really advise against trying to pretend he was never in the US- if you get caught you will be royally screwed. As long as he ony has one EWI, he should be eligible for the waiver.

[Pinkpig]

Czech,

Welcome to the forum. I am so sorry that no one posted to your question. Let me explain a a bit about what is going on here. This site has been down for a few weeks and many of us are just finding our way back. Also the week-end is a bit of a slow time as many posters follow the site during the week while they are at work. Also summer seems to be a less busy time here on the site. But with all that said let me see if I can help a bit.

You are the USC. Your fiance is an Albanian national. He EWI over 5 years ago and is still here in the US. If/When he leaves the US he will be hit with a 10 year ban and will not be allowed back into the country. If he would re-enter the country again for a second time EWI without a visa he will never be able to live in the US legally, unless the current laws change to allow for that.

Because he came into the US illegally without a visa and has overstayed by more than 1 year a second illegal entry will get him a lifetime ban.

You can file a I-129f fiance petition for him or you could get married here in the US and file the I-130 spousal petition and then he would need to return to his home country of Albania for consular processing and would be denied the visa and then have to file the I-601 waiver to be able to receive the fiance visa. When his waiver was approved he could come to the US.

I know that Laurel in one of her posts from the AILA convention talked about getting married in Mexico and then filing from there but I do not know all the ins and outs of that.

You could do a consult with Laurel and ask her what your options might be or you could ask her on-line at her free chat on Wednesday. http://www.visacentral.net/ but I am thinking since next Wednesday is Fourth of July you might have to wait until the next week.

Hopefully others will chime in with other information.

While, I had to go away for a few and I see others have posted...so If this is a repeat I apologize.

[Cynthia]

we dont know what to do, we have been told for him(by lawyer) to depart to his country and then i can file a k3 visa for him and act like he has never been here in the US.

Did your lawyer informed you that to be able to DCF, the USC has to be in residence there for such & such long? Each country has different requirements with regards to that i.e some 3 mths, 6 mths etc etc.

No can do with the lying as IF it's found out, that's perjury and the hole just gets deeper, kwim? I2us always discouraged members from doing so i.e as you can see, they (i2us members), already adviced.

Ditto on Member Peggy's post.

[Coventrated]

Albanians require a Visa to enter Mexico.

[Pinkpig]

Albanians require a Visa to enter Mexico.

well there goes that option...thanks Cov!

Anon823 Frankfurt Albania Approved 30-Jun-05 13-Mar-06 Over S I2U
markoveno Frankfurt Albania Approved 9-Jan-06 8-Apr-06 Over, F/M, CIMT P I2U

I found a couple of Albanians who were approved thru Frankfurt and one with fraud/misreperesentation and CIMT...

so there is hope. I would not move one muscle until I had put all my cards on the table and consulted with Laurel.

[czech]

thanks for responding everyone, i really appreciate it

yeah i guess i do have to discard doing it through CDJ...im very scared that he will not get an approval since we dont have any children or we cant prove a financial hardship etc, the only thing on our side is that albania's economy is not well and i wouldn't be able to work there or continue my studies....i dont know what to do now...:(

[Adriane]

Have you read thru the example approved HSLs in the I-601 section? You may have more hardships than you think.

And we're all here to help.:wink:

[czech]

does using someone else's documents considered an EWI, will they approve our I-601 if he used someone else's documents??? he has a clean record. the only thing that stops us from submitting an I-601 is that we are somewhat young, im 22 and hes 25, and i can hardly think of any hardship that i will endure other than my life will fall apart without him and me moving to albanian is out of the question....thanks for your reply

Hi, Czech.

There have been some approvals for people who filed through Albania. The site recently crashed and a lot of stuff was lost, but perhaps some of those people will chime in.

I don't think lying is a good idea. If they catch you doing it, you'll screw up your chances to ever get his legal residency. Plus, how will you say you met him & became engaged? They really check things like that looking for fradulent marriages/ "greencard" marriages.

Did he ever have a visa or did he EWI (enter without inspection)? How many times did he enter and has he ever left? Has he ever committed any crimes?

As long as he only entered once, you should be able to file the I-601. To file in Mexico, I think he needs to legally resdie there- and that might be hard to swing. CDJ 'takes' non-Mexicans, but they have to be legally residing in Mexico for at least 1 year before filing. Getting married at or straddling the border won't help (and isn't really feasible anyway.)

You'll need to file either the I-130 if you do get married or the I-129f is your are engaged for him and eventually you'll get an interview. The interview will be in Albania (or whatever consulate handles Albanian cases) and at that interview you'll be denied his visa. As long as he's only entered 1 time, you'll be able to file the I-601 waiver and if you can present a strong enough case, you should have a decision in about 6-8 months (I think I recall that was the wait time for that part of the world, but please double check.)

I would contact Laurel Scott at www.visacentral.net. She is an attorney who posts here frequently and will be able to tell you what your best option is/ approval rates/ time frame, etc. She has a free chat on wednesdays at 11am Central tim.

You're in the right place- we'll all help you through this!

Good luck!

[Adriane]

Well, the impossibilities of your moving to Albania *are* your hardship.

But first this using someone else's documents- that's misrepresentation. Now this is important- what documents were they? A visa in an Albaina passport or a fake US passport (or issued to someone else?)

Who knows more about misrepresentation waivers? I know it's not impossible- but I also know it's much, much harder.

[cindy101]

Hi,

I will just chime in and say do NOT lie... The embassy in Albania is very tough- known as a high fraud country. If you stick to the truth and just keep plugging away- may go well, may not.

They also do not answer emails or phone calls. They have been very responsive to inquiries from our Senator Voinovich's office. To my inquiries- not at all.

After the US embassy in Tirana receives your waiver, it will move on to Vienna, Austria (regional hub). Austria is a lot more responsive, and actually reviews the documents that are submitted, and will answer any questions acurately and promptly.

The more concrete evidence of your relationship and hardship the better... Embassy inTirana made us submit additonal proof of relationship after our I-130 was approved by Vienna.

Fluff to this embassy will be immediately denied and/or rejected on the spot. Preparation, preparation, preparation....

I could say more... but this is a public forum

[cindy101]

I'm on vacation this week, but I also have a bunch of reports I pulled from the internet (World Bank report on the status of Health Care). I'm sure you want to have children (someday).. They don't even use gloves in the hospitals all the time, infant mortality rates are very high, very poor pre & post natal care...

My son is bipolar- care for that there is non-existant...

High crime rates, most of their economy is grey/black market very high unemployment rates. Lg amounts of women, drug, and children trafficking- ICK... Major corruption at all levels of the government- (not a good place to live)

I can send you some of this stuff next week when I'm back from vacation.

We are also filing our I-601 for mis-rep as our only charge, but it is a hard one to overcome.

Our I-601 was received by Vienna June 3, 2007- I'll be sure to let you know sometime around December (six month backgog) how our case goes.