Petition i129F after Deportation

[shaunb]

My fiancee has been deported back to Africa (Liberia) in August. He thought that he was under Temperary Protective Status and was not. He had a final order of deportation placed on him for not showing up for an assylum hearing in 2001. The order was placed on him in absentia and he never received notification of his hearing. He doesn't have a criminal record. I have been reading the postings on this website regarding the i-601 waiver and i-212. I understand that hardship must be determined, but do not know if I file an i129F waiver with my local service center, will they deny the petition up front due to his deporation before it even reaches the consulate in Liberia. I know that the i601 and i212 forms cannot be filed until after his petition reaches the consulate and they find fault (10year bar). I am just concerned about the fiancee petition for right now. This entire process in stressful, but I am stressing about filing the i129f versus flying to Liberia to marry. I am a USC and we have been together for 5years. Please advise.

[Paul & Kerri]

As far as I know, weather you file I-129f or I-130, they both should be approved. This part of the process is just determining that the relationship is valid. At the time of your fiance's interview is when they will determine him inadmissable and tell him that he can apply for the I-601 and I-212. They say that the I-129f gets processed faster than the I-130, so this should help shorten the time apart a little bit. Hope this helps you out some. Best of luck to you both!

Kerri

[Luckysprite]

I do agree with Paul & Kerri. THe purpose of the I129F is to determine that there is a valid, bonafide relationship. Rarely are these petitions denied and when one is, it is usually because the packet was not completed properly or the service centers were not provided with any additional paperwork that they may ask for. It would not be denied solely on the basis of his past deportation.

I would file the I129F for you fiancee as opposed to marrying in Liberia and then filing the I130/I129F together as the process for fiancees are typically faster than the process for a spouse.

[shaunb]

Thank you so much!! I am glad that I found this website. This is a very stressful process, but I feel better knowing that there is a place that I can go to get good information. We cannot afford a lawyer, so we are left trying to work at this on our own with the help of GOD!