K-3 Visa

[Auntlily]

Hi Everyone!! First of all Good Luck and God Bless to all who are trying to immigrate a loved one. I know how it feels to be apart from someone whom you love. My case is somewhat different from what everyone else is experiencing here. But in case there is someone who has gone through the same, please let me know of any tips or advice. My husband was brought over to the US by his parents in 2000 on a V Visa. At the time he was only 15. About 2 years ago, his dad became a US citizen but by then my husband had already turned 21 years of age. So to make a long story short, his stay here was considered illegal because he was now over the legal age. Well, we've known each other since 2000 and have been best friends until 2006 when we became girlfriend/boyfriend. On January 28, 2007, while crossing the border back into the US, his V visa was taken away and cut in half because he confessed to living in the US and going to school (college). So on Feb. 10th we got married. We filed the I-130 & I-129f together and received the first Receipt letter in April. BTW our small but VERY INTIMATE wedding was on March 17th. On August 17th we received a letter requesting more evidence (biographical info & pictures). We sent everything thing the very next day. Now we are waiting on approval and for an appointment in Ciudad Juarez. He is still in Mexico waiting for us to be united. Is he going to be needing a waiver, and how long before he gets approved. Anyone else here, going through the same prob.? Please let me know of anything that might help. I am desperately awaiting his return. We've never been apart this long since we've met. And now that we are FINALLY married, we aren't together. It is REALLY painful. I miss him so much even though I am lucky to see him every weekend. Please help!

[angela256z]

Auntlily - You situation is not much different from many people. It may have started out different, but it all comes down to what seems like the same thing. Since his presence in the US is considered Illegal he will need a waiver. This will be the I-601. I can't tell from your timeline if his bar is more serious, but it doesn't seem like it. Once his papers are approved them you will get your interview in CDJ. Take a HSL with you and the I-601. If he approved in the Pilot Program then he could be back within days of the interview. Can you give a line by line timeline including all entries with the visa and stuff?

[Auntlily]

Actually he was NEVER in the US illegally. He left the US when he was denied entry. He always had a V Visa up until the point where he was denied entry which was in January 28th. My lawyer and a friend who worked for an immigration law firm both say that I won't need a waiver/form I-601 Also here is my timeline:

Denied entry into US: January 28th 2007 (Worst Day of my Life)
Married @ the US/mexico Bridge: 2/10/07 (Best Day of my Life)
Ceremony in Nvo. Laredo: 3/17/07
Sent in I-129f & I-130: 3/24/07
Received 1st Receipt Notice for I-129: 4/17/07
Received request for additional evidence: 8/24/07
Sent in additional evidence: 8/26/07
Waiting for any answers/updates!!

[Laura]

I'm a little confused. In your first post you stated that his stay here was considered "illegal," but then you said it wasn't.

If he was unlawfully present for more than 180 days (like if that V visa actually became invalid on his 21st birthday and he stayed another year after that) and then left the U.S., he will need an I-601 waiver.

If, as you stated, his V visa was valid until the time he left and then he was simply denied entry, he shouldn't need a waiver (unless that denied entry was considered a deportation/removal).

[TracyTN]

Ditto being a little confused.

However, instead of asking a 'friend' at an immigration law firm, I would go that extra step and get a consultation with an immigration attorney.

If the attorney is of the opinion that he will need to file a waiver, you all can prepare it now and he can file it immediately after his visa interview. That will save you at least a little time in what can be a long process.

[Auntlily]

Sorry for the confusion, I just went back to read what I originally wrote and confused myself. Ok, on his 21st birthday his "living" here with a V Visa became illegal, so to avoid deportation/removal he would go back every 5-6 days into Mexico and come back during the week to see his family with his V Visa which was still valid. That went on for almost 2 years. Until January 28th when he was denied entry for admitting that he lived partially here and went to a night school where they would prepare Adult students for a GED which was not actually directly college related. It took place at our community college but had no direct involvement with the financial aspect. But since he said he went to college Immigration officials took that as a confession that he was going to school illegally. They never gave us deportation orders nor did they physically remove him. They actually escorted him to the bridge and asked me to pick him up halfways so I can take him back home (Uncle's house). It was so HARD!!! I had never cried so much!!

[Laura]

Hmm... so that V visa was invalid for two years but he continued living here (essentially) but just crossed into Mexico once a week? I don't get how he could continue entering the U.S. with that visa if it was no longer valid? It still allows entries into the U.S. but not living here?

I mean, if the visa was invalid, and he essentially admitted that he was living here, then it sounds like he accumulated at least a year and a half of unlawful presence, meaning he would need a waiver.

If I were you, I would consult with Laurel Scott (visacentral.net) or another recommended attorney who could clarify the situation. A consult won't be more than $150, so it's totally worth it.

[TracyTN]

Hmm... so that V visa was invalid for two years but he continued living here (essentially) but just crossed into Mexico once a week? I don't get how he could continue entering the U.S. with that visa if it was no longer valid? It still allows entries into the U.S. but not living here?

I mean, if the visa was invalid, and he essentially admitted that he was living here, then it sounds like he accumulated at least a year and a half of unlawful presence, meaning he would need a waiver.

If I were you, I would consult with Laurel Scott (visacentral.net) or another recommended attorney who could clarify the situation. A consult won't be more than $150, so it's totally worth it.

Sounds as if the problem came upon this last re-entry when they questioned him and felt he was attending school illegally. That presents a whole bunch more complexities that I'm sure we can't understand. Hence the need for a talk with an attorney. :)

[Auntlily]

Thank you very much for your patience and for your understanding. His Visa has always been valid..even when he turned 21. It just meant that he couldn't live here anymore since he was not considered a dependant anymore. But he was still able to enter as he pleased. When his dad submitted a I-130 for him he was under 21 and his dad was a Permanent Resident. When my hubby turned 21 his dad had still not filed for Citizenship until 2 months after. By then it was too late. He (my hubby) was on his own. That's where I came in. We had been oficially dating for a year (friends with benefits for 4) and had planned our wedding for September of 2008 but then all this happened and we moved our plans for Feb of this year under the circumstances. So I began all the paperwork for him as his wife. We resubmitted his I-130 & an I-129f with me being the petitioner this time instaed of his dad. Is this more confusing?

[TracyTN]

I think I'm following you now - and I'm just now reading up on the V visa. Seems it is valid for 10 years for multiple entries.

See the first linked result on this page:

http://search.state.gov/search?q=9+FAM+41.86&site=stategov%7Coig%7Cfpc%7Cbmena%7Cusawc%7Cmepi%7 Ctravel%7Cexchanges%7Ccareers%7Cfoia%7Caiep%7Cpepf ar%7Ccspo&client=stategov_frontend&output=xml_no_dtd&proxystylesheet=stategov_frontend&entqr=3&lr=lang_en&oe=utf8&ie=utf8&sort=date%3AD%3AS%3Ad1&x=0&y=0

Now the only thing to concern yourself with is this deal about going to school 'illegally' and making sure that won't be an issue with the K3.

[Laura]

Out of curiosity, when did his dad file the I-130 for him?

When you say you filed the I-130 and I-129f, you mean you filed the I-130, waited for the receipt and then the I-129F to speed up the process, right?

Another thought... working illegally is forgiven by marriage to a USC, I wonder about illegal "education." Consult with Laurel, or, actually, this would be a great chat question.

11:00 central time Wednesdays at visacentral.net Laurel does a free chat - this question isn't too complex for that. If you can make it, ask her, otherwise let me know and I can ask.

[Auntlily]

So, by now reading this, do you agree that he won't need a I-601? Also, where could I find more information as to what was documented the night he was denied entry?

[Auntlily]

Laurafern - I believe my lawyer filed both simultaneously. I could be wrong, it could've been the way you mentioned.

[Auntlily]

Oh and if you could Laurafern, can you ask Laurel during the free chat...I don't have access to a computer that late at night. Thank you VERY MUCH!!

[Laura]

Oh, you have a lawyer? And what, they aren't sure if you need an I-601 either?

I wouldn't say for sure either way. It doesn't seem like it, but no one here is going to make a sure statement about that because it's sort of a gray area.

I will ask Laurel, but FWIW, it's 11:00 am central time, I left out the am. Sorry. I'll ask though unless I see you in there.

[TracyTN]

I'm confused too - I didn't realize you had a lawyer. I would definitely pose this question to her then - esp. as you are paying her!!!

[mandy]

I had my I-129f transferred to calif. on the same day as you!!! I was approved 2 weeks ago!!! You haven't heard anything yet? I am not sure if he would need a waiver or not...

[Auntlily]

Boyfriend Denied Entry into Us (not deported): 1/28/2007 :bye:
Civil Wedding @ the US& Mexico Bridge in Laredo,TX: 2/10/2007 :dance:
Ceremonial Wedding in Nvo. Laredo, Tamps. Mexico: 3/17/2007 :dance:
Sent I-130 (Hubby waiting in Mexico): 2/26/2007
Sent I-129F: 3/29/2007
Received 1st Notice of Action: 4/17/2007
Rcvd 2nd NOA (Trf Notice): 4/25/2007
Received 3rd NOA (Request for Evidence): 8/17/2007
Sent Evidence (Hubby still waiting in Mexico): 8/27/2007
Currently waiting for an answer :dunno: