Hi. I'm a USC. Years ago, I met my boyfriend in the United States. Knowing little about immigration law, we decided to travel together outside of the country. I am now in the United States, and he is in his home country of Guatemala. We want to get married, but he is inadmissible for the following reasons:
INA212(a)(6)(A)(i) and INA212(a)(9)(c)(i); misrepresentation/fraud and overstay. He was here for a total of 3 years, so he probably has some kind of bar at this point too. He never reentered after leaving. He has never had any arrests or convictions. He has no other family in the US.

My question is this: what is the best plan of action to bring him in? Should I marry him down there, then petition for him and file a 601 waiver? Or, should I bring him in on a fiance visa, and file a I-192 waiver. We are both young, and don't have kids.. just deeply in love. There is little hardship to prove, no health issues or anything like that. Are we S-O-L?? I hope with all my heart we are not.. Please help!

Hi GCB and welcome,

Was he deported?

Thanks, Proud!

No, he was not deported. He used false docs to get in, and presented his real passport when flying out. The airline reps were confused as to why he didn't have an entrance visa, but they didn't do anything about it, just shrugged it off and let him go b/c he was already leaving the country.

Obviously, using false docs was a very stupid and regrettable move on his behalf.. but we can't change the past. Do we even have a case?

I did a little more research and as long as the misrepresentation wasn't falsely claiming to be a USC, I believe both can be overcome by marriage to a USC and I-601 waiver. Best to also check with an immigration attorney. Good luck to you!

I'll add I really hope he didn't claim to be a USC because there is no waiver available for that, GCB. It would be a lifetime ban. Hopefully, that's not the case.

Thank you so much, Proud - you're absolutely wonderful to donate your time to this forum. He used fake Guatemalan docs.

One more question.. if I apply for a fiance visa (I think I129), do I have to file a waiver at that same time, or will a waiver just be required when he's trying to get a green card? I'd like to bring him here as soon as possible. Doesn't the I129 have some loophole b/c it's technically a nonimmigrant visa?

Hi GCB,

Fiance Visa is a K-1 non-immigrant visa. I'm not sure this will be appropriate in his case since he needs a waiver. Let me do a little digging. Btw, I'm not an attorney, but have gathered information on immigration due to someone in my family needing help. And, I'm always glad to help when I can, but will be straight when I'm not sure about something.

I believe the I-601 waiver would be needed at the time of the interview for approval of the
K-1 visa, GCB. But, please check with a good immigration attorney too. Lot of luck to you.

The I-29F is a non-immigrant visa, yes, but it has pretty much the exact same requirements as an immigrant visa, so there's no loophole there. The only advantage is that it's faster.

The I-601 waiver can't be filed until he's been denied and that won't happen until the interview. As soon as that denial happens, the packet and associated fee can be handed over.

Check the link below for more information.

http://www.familybasedimmigrat...om/forum/waivers.php

Wow, thanks. Proud, by the end of this whole process, I may be as seasoned as you as a result of my personal experiences.

Aroha - that link is tremendously helpful. Thanks.

Regardless of whether I petition for him or file a I129, will he have to return to Guatemala to get his green card? I heard that Mexico has a 85-90% approval rate of the 601 waiver. However, I heard the 601 waivers that are done in the US have a 90% chance for denial! If this is true, I obviously want our 601 waiver to go through Guatemala.. do we have the right to request as much? Does anyone know the approval/denial rate for Guatemala?

Yes, GCB, you are certain to learn alot since you are in the driver's seat for your guy's petition.

Another helpful forum is http://www.immigrate2us.net. They actually have a special section specific to Guatemala. So, feel free to join up on that one. People are friendly and it is a moderated forum, unlike this one.

If he's approved for the K-1 visa and the waiver etc goes through, he will not have to return to Guatemala when it's time to adjust his status (I'm sure you probably already know that with K-1, you have 90 days to marry and file for AOS).

It's unlikely you'd be able to go through Mexico, unless that's his legal place of residence.

Another good forum is http://visajourney.com - they have time-lines you can search that are specific to each country and Consulate.

He cannot enter on a K visa without a waiver either. So he needs a waiver.

quote:

He cannot enter on a K visa without a waiver either. So he needs a waiver.

Here is agree with federale86.

quote:

Originally posted by federale86:
He cannot enter on a K visa without a waiver either. So he needs a waiver.

I think this coincides with the previous advice given in this thread.

It's a little more complicated than that, actually.

If he was actually charged with the fraud at entry, then he's in a load of trouble, sorry to say.

The ban IS a lifetime ban, there's a waiver though but it's based on extreme hardship. On top, there's another 10 year ban for the overstay. Please keep in mind showing the hardship is not all there is to that, it'll be a balance of equities after you make the required showing. Then, the AG will decide if your husband is worth the relief he's asking for. It's a long shot in all reality, but better than nothing.

That is why your waiver needs to be very well documented, you must show plenty of clear and convincing evidence to make your case.

You definitely need an immigration lawyer, contact a reputable lawyer in your area to discuss your case.

Good luck.

The 601 waiver is one based on extreme hardship to a USC. In this case you. Since, as you said, you're young and have no medical situation the chances of that approval are very slim. Separation is not a considered element in the approval process. There are guides available on various sites as to what constitutes acceptable hardship. Keep in mind they must be verifiable and bonafide.

You implied he is still here with the comment about having to return to his country? If he is, that will only make the circumstance the worse. With the prior removal order he had as is given by the INA212(a)(9)(c)(i) implication it makes it that much more difficult. You may want to review the details of this more. It seems you may not be fully aware of the circumstances of his prior activity. He was already ordered removed at least once prior to this last episode.

Sorry guys, but I believe both of his offenses can be overcome with the I-601 waiver. Now, that is the problem. She must show significant evidence why she can't make a life with him in his country. That will be a challenge since she said she was young, but there are other factors such as pursuing a higher education, not knowing the language, the dangers that exist in the foreign country, health care, her ties to the US with family (and any health issues that may exist with them). The list goes on and on. That's why I referred her to immigrate2us.net. They have plenty good examples of hardship waivers.

We should really require IQ tests of those desperate cows that want to marry illegal alien, fraudster visa cheats...why do we want this dooshbag back in MY country? He is nothing but lowlife pond scum, but some trailer-dwelling manatee falls 'madly in love' with this cheat....why? (a) she's desperate for love (likely wasn't invited to her senior prom) and (b) he just wants a green card, so he'll say and do anything to get it (note he cheated his way into the US of A....he has neither morals nor ethics).
Of course, now we'll hear from the OP what a wonderful, hard working person her dooshbag boyfriend is...far smarter and hard working than any American (which begs the question....if he's so smart, why aren't we, the US of A, begging this scam artist to return? Maybe he's not so smart after all....
Of course, the OP, who likely has an IQ of around 80 (on a warm day) is just too dense to see through his charade.

And the OP has no clue as to what this fraudster has been up to while he was in MY country illegally...