Can somebody please help me and advice me regarding an immigration issue?? Desperate for help.?

[siwili]

Hello everyone. I married a US resident in theUS 12years ago & lived with him for 4 years. I was on a B1-B2 visa & over stayed it. The 130 form he filed was denied but we did not push it because our marriage fell apart & filed for divorce. After I was divorced I met someone (partly the reason why I did not come back home sooner), we dated for some time and had a harmonious truthful relationship. However, after some time we broke thing off. I came back to my country but we always kept in touch and the feelings alive. We did this for some time until we decided to met again. To make a long story short, we have been together for a year now and got engaged. This is a bona fide relationship. I know I fall into the 10 year bar category & I know it's only been 7 years since I left. I've never had a problem with the law here or there in the states. I left on my own will, no one stopped me or deported me, I never got in without inspection. I admit I was a very uninformed careless young adult back then. I know the choices I made back then put me at risk now. We need help (We are desperate!) to know what the possibilities are. We want to get marry, live together and have a family. My fiancee can't move to my country, because he has a well established medical practice in the States. And he is also very afraid to come visit because my country is going through a major political turmoil (will be going through presidential election soon &it doesn't look good at all) & + the crime rate is madly raising up. We want to know if we could get marry in another country, a country the US acknowledge marriages from and then apply for a I-130, then apply for a CR-1 spousal or a K3, which we know will be denied on the bar to finally filed an I-601 waiver.
Please can someone advice on HOW to proceed?. Does anyone has a rough idea on how much time are these type of cases taking? And over, all can some tell us how bad is our case?
Please, we will highly appreciate it.
May the universe bless you

[eliot]

Go back to Mexico.

[calin]

try an immigration lawyer.

[abisha]

Well, since you have 3 years of your ban left you need a waiver of inadmissibility if you want to return earlier. If he has a well going medical practice he should earn enough that he can afford to pay an immigration lawyer to help with that. He should check that the lawyer has experience with those waivers, since not all lawyers do.

If you get a waiver of your inadmissibility you can either get a fiance visa or he can marry you in your country and then sponsor you for a greencard. Whichever way you go, it's probably going to take a year.

Since you can't have met in the US and you have been together for a year you can also do whatever you've been doing for the last year for the next 3.

[leland]

he good doctor should get a lawyer
http://www.ailalawyer.com/

[shaddoc98]

Please get a good lawyer, one that is experienced with applying for a waiver. You have served the 7 years outside the United States so there's only 3 years left for you to be eligible to step back into US. If you get married in your country and your US citizen spouse files for a Spousal Visa for you, that will take a little over a year processing or a K-1 Fiancee visa can also be filed for you but with your previous case, we can't really tell how long it will take. There's a big possibility that it will hurt your new visa processing. An experienced Immigration lawyer can guide you better. Do not hesitate to hire one. Goodluck!

[berwin]

Hi, what you're describing sounds like an attempt to circumvent immigration policy that imposes the remainder of the current ban you're facing due to your past overstay. This is exactly what the immigration officials who review your application will think and that's why going to another country to get married may not work out for you in the way that you are thinking. You claim that you've been in a relationship with this doctor for many years but broke it off and that you only recently started dating seriously again. How many times has your fiance visited you in your country since this romance began? Are there letters, emails, or other evidence to back up your claim of a relationship? USCIS will want to see that evidence.

To be very honest, the type of waivers you're asking about are not at all easy to get, and an issuance in your case seems highly unlikely, no matter what kind of lawyer your hire. You would get it only if you can make an extremely convincing argument that being separated from your husband is causing SEVERE hardship, and even then they may still deny it. You have to explain the details of the hardship and show evidence of it. And if you tell them any lies or other BS they will ban you permanently from ever obtaining any type of US visa. An increasing crime rate in your country is not a good argument to use when trying to get this type of immigration waiver. You'll need something much stronger than that.

[motega]

An I-130 establishes the relationship between petitioner and beneficiary. The approved I-130 means: yes, this guy is a US citizen and that chick is his lawfully wedded wife. An I-130 is not denied unless the marriage is fraudulent.

That aside, you would have had to file for AoS, which contains multiple forms, concurrently, not just the I-130, as that goes toward consular processing, not USCIS, which back then was the INS.

Anyway, you have triggered the 10-year bar and your husband cannot knowingly marry somebody from another country who is barred to return to the US for at least another 3 years and then file a hardship waiver, the I-601, because his wife can't return to the U.S. and he won't jeopardize his business. So an I-601 to overrule the bar has very little chance of success.

The USCIS acknowledges all marriages that have been performed properly, and that includes those where the couple jumps of a cliff or says "I do" while dangling on a parachute over Iceland. Makes no difference.

I would strongly suggest to get married until you have only 1 year of the bar left, because otherwise you'd run the risk that the consulate would find it strange that a husband and a wife live in different countries, and determine that the marriage was only entered in order to provide you with immigration benefits to the U.S. and pull out the red card, barring you for life.

So keep the relationship alive, document everything, get married in 2 years, and have your then husband file the I-130 roughly 9 months before your bar is served.

Off the record: you live in a strange country with lots of turmoil, yet you managed to get married to US citizen husband number 1, then started a relationship with almost US citizen husband number 2, and when that didn't work out you returned to your home country in a galaxy far, far away and found soon-to-be US citizen husband number 3. If you were the consular officer, what would you make of that?

[danil70]

An I-130 establishes the relationship between petitioner and beneficiary. The approved I-130 means: yes, this guy is a US citizen and that chick is his lawfully wedded wife. An I-130 is not denied unless the marriage is fraudulent.

That aside, you would have had to file for AoS, which contains multiple forms, concurrently, not just the I-130, as that goes toward consular processing, not USCIS, which back then was the INS.

Anyway, you have triggered the 10-year bar and your husband cannot knowingly marry somebody from another country who is barred to return to the US for at least another 3 years and then file a hardship waiver, the I-601, because his wife can't return to the U.S. and he won't jeopardize his business. So an I-601 to overrule the bar has very little chance of success.

The USCIS acknowledges all marriages that have been performed properly, and that includes those where the couple jumps of a cliff or says "I do" while dangling on a parachute over Iceland. Makes no difference.

I would strongly suggest to get married until you have only 1 year of the bar left, because otherwise you'd run the risk that the consulate would find it strange that a husband and a wife live in different countries, and determine that the marriage was only entered in order to provide you with immigration benefits to the U.S. and pull out the red card, barring you for life.

So keep the relationship alive, document everything, get married in 2 years, and have your then husband file the I-130 roughly 9 months before your bar is served.

Off the record: you live in a strange country with lots of turmoil, yet you managed to get married to US citizen husband number 1, then started a relationship with almost US citizen husband number 2, and when that didn't work out you returned to your home country in a galaxy far, far away and found soon-to-be US citizen husband number 3. If you were the consular officer, what would you make of that?

You need a lawyer to sort through all the possibilities. The US does recognize foreign marriages but your previous overstay and 130 denial complicate things quite a bit. Even a slam dunk green card application can take a year or more right now so be prepared to be patient as your situation will be difficult.

[adin55]

Pray tell...

If you can't enter the States and he's too afraid to visit you in your country, what exactly do you have which would indicate that you're not still shopping for a green card?