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USC marriage to Undocumented Unadmissable Guatemalan

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  • USC marriage to Undocumented Unadmissable Guatemalan

    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!

  • #2
    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!

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    • #3
      Hi GCB and welcome,

      Was he deported?

      Comment


      • #4
        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?

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        • #5
          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!

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          • #6
            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.

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            • #7
              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?

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              • #8
                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.

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                • #9
                  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.

                  Comment


                  • #10
                    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
                    **************************************
                    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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                    • #11
                      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?

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                      • #12
                        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.

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                        • #13
                          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.
                          **************************************
                          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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                          • #14
                            He cannot enter on a K visa without a waiver either. So he needs a waiver.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">He cannot enter on a K visa without a waiver either. So he needs a waiver. </div></BLOCKQUOTE>
                              Here is agree with federale86.

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