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Thread: fiance deported - what can I do to get her back?

  1. #1
    I'm a USC in southern California. Please advise what forms I need to file for a waiver of deportation for my fiance and also a visa waiver since she admitted to working in the U.S. and overstaying her tourist visa. I can marry her in Mexico if that will help. I've consulted with an attorney and he says the only way to get the deportation waived is to be her spouse and file a hardship based on our distress from being apart. This doesn't sound like enough of a reason to me however. He also can by-pass filing in Laguna Niguel and file directly with an immigration officer that oversees applications in Ciudad Jaruez and says it should take about a year and a half for her to be admissible again. She is barred for 4 more years because of the deportation and the attorney says there is also a 10 year bar from her apparent misuse of her last visa. Any help here would be greatly appreciated. His cost is around $3500 plus app/visa fees. We have to supply supporting documents such as proof of her being in Mexico, divorce papers, birth certificates and photos. I'm thinking about trying to do this ourselves, but I don't have any connections to speed things up. One attorney I spoke with said she has a deportation waiver filed that so far has taken 5 years with no response. Can anyone help me with this issue?

  2. #2
    I'm a USC in southern California. Please advise what forms I need to file for a waiver of deportation for my fiance and also a visa waiver since she admitted to working in the U.S. and overstaying her tourist visa. I can marry her in Mexico if that will help. I've consulted with an attorney and he says the only way to get the deportation waived is to be her spouse and file a hardship based on our distress from being apart. This doesn't sound like enough of a reason to me however. He also can by-pass filing in Laguna Niguel and file directly with an immigration officer that oversees applications in Ciudad Jaruez and says it should take about a year and a half for her to be admissible again. She is barred for 4 more years because of the deportation and the attorney says there is also a 10 year bar from her apparent misuse of her last visa. Any help here would be greatly appreciated. His cost is around $3500 plus app/visa fees. We have to supply supporting documents such as proof of her being in Mexico, divorce papers, birth certificates and photos. I'm thinking about trying to do this ourselves, but I don't have any connections to speed things up. One attorney I spoke with said she has a deportation waiver filed that so far has taken 5 years with no response. Can anyone help me with this issue?

  3. #3
    good news!! we can definitely help you! For the overstay you will file the I-601, and for the deportation you will file the I-212. There is indeed a 10 year bar (for more than a year overstay) and a 5 year bar (for deportation) but they are not added together, they run concurrently (I mean 10 years is more than enough isn't it???)

    Anyway, the good news is that you probably won't have to wait that long. Mexico's approval rates (at the moment) seem to be pretty high! (But you should still do a good job on the waivers, there are people that they turn down!)

    The other good news is, that although there is a lot of work involved, both the I-212 and the I-601 have the same basic premise, so if you do the work well, you only have to do it once.

    Your lawyer is also right. The purpose of these waivers is to demonstrate hardship to the USC. The trick is that you have to show EXTREME hardship... i.e. something above and beyond missing your fiance.

    Finally, there are numerous cases where I have heard of these waivers being filed for fiances, so you may not need to get married in Mexico, although that definitely wouldn't hurt your case. (the law technically says for spouses, but they seem to make exceptions. In fact, I recently saw official government documentation that said a fiance was eligible for the I-601!)

    Anyway, there are a million things to tell you, but instead of taking up a bunch of space right here, I recommend that you come to www.immigrate2us.net and look under I-601 - especially under the "sticky's" this should give you a better idea of what is expected of you, and of course we will then try to to help you as much as possible!!!

    I know how hard all this is, I went through it a few years back and I thought I was going to die!!!! But hubby is home now

    As for the lawyer, well the cost isn't bad, how is his track record with I-601's? The thing I always recommend is to use a lawyer, but to stay as involved as possible, in fact, maybe to just use the lawyer for consulation purposes. A lot of people get screwed by their lawyers or just simply lose a lot of money... the more involved and more knowledgeable that you are the less likely something will happen that you don't want to happen and the more likely it could go quickly.

    Also, 5 years for a deportation order is absolutely ridiculous. I have never heard of a processing time as such, and once you pass the processing time quoted to you by the embassy (I THINK it is approximately 3 months from the time of submission in Mexico) then you cna contact a congressman or a senator, and they can generally (at the very least) find out what the hold up is, and what is going on... if something is wrong they may help to correct it too... but that is getting way ahead of the game.

    The quickest way to get your fiance back is with a K visa. (K1 or K3) both of these are non-immigrant visas, so you will have to do adjustment of status, but you can file the I-130 (if married) while going through this process. Your fiance will be given a visa appointment. When she goes, she will be denied and asked to submit the I-601 and the I-212, at that time you will submit them (hopefully you have them ready by then) then you wait. Assuming it is approved, she will be given another interview, and given the visa at that time.

    ok now for the bad news, even if the processing time for the I-601/I-212 really is three months... she will have to be in Mexico longer than that... I think the average amount of time usually works out to be about a year (prepping the I-601/I-212, waiting for appointments, etc.etc.) It may work out to be less, but I make no guarantees or even guesses as too the entire length of time.

    A couple quick questions for you, what was the reason for the deportation? Was it the overstay, or is there something else that might affect your case in some way (i.e. she had left the country and was sneaking back in illegally?) Also, what is this about filing in Laguna Nigel? Is he talking about the I-130? If so, all he is telling you is that you can file for the K3 visa as opposed to the I-130... nothing special about his abilities!!!

    Again for more information and support, please come to www.immigrate2us.net

  4. #4
    Ok, here's some more info. She was deported almost a year ago. She was returning with her tourist visa from Mexico flying into Phoenix. She had no return ticket. Having met each other the prior year while she was visiting the U.S. (she actually stayed with me for nearly 6 months), she brought along papers that she thought we needed to file (her USC child's social security card and birth certificate - she had her son while here back in 1998). This led to a secondary interview where she basically was strong-armed into saying she had been living and working jobs here since then - NOT TRUE - but she signed off on it, hence the deportation. She bought her own ticket back home the next day, having spent the night in jail prior to leaving, all this unknown to me until the next day. What a long night! for both of us! Now, more..... she sneaked back in we have been together now here for 7 months and have had her son in school learning English which he doing a great job with. I'm going to bring her back across the border in Tijuana soon before the US-Visit program starts checking people exiting the U.S. We are planning this exit in July at the earliest, November at the latest. I know this is wrong, but the pain was too much to be apart. Now my concerns are many because of this stay here, how are we going to prove she was in Mexico all this time? What about school records where she may have signed her signature? She doesn't drive, can't work. We definately want to get her back sooner than later to get this all straightened out. I'll take this matter to the other discussions website for further analysis as you suggested, and thanx 'Spouse' for your help. I think working with his lawyer is probably the safest route as he has seen both of us in his office and knows the whole story. He has said we may need to prove her presence in Mexico and I need some ideas with that. He also said she can't make anymore mistakes.

  5. #5
    As I previously mentioned, the re-entry to the USA illegally could cause you a lot of problems! I would get her out of the country asap.

    Right now it is unlikely that they will find the school records (i.e. signatures, etc.) and it is unlikely they will ask for proof of residence - although, if anything is fishy - they might. But I would get her out asap. Every day she is here is a day when she could get randomly asked for credentials or that exit inspections could be tightened, or that a million other things could go wrong and she would not be able to re-enter.

    Now, in this posting you are suggesting that she was had not overstayed? If you have any documentation of this, such as a job in Mexico, etc. You might be able to fight the deportation on the grounds of unlawful deportation or something to that effect, but your wife should never have signed off on something that wasn't true.

    On the other hand, if she did overstay for more than a year, it really doesn't make much of a difference how much longer she overstayed, nor whether or not she was working. (You also said she stayed with you for 6 months, that indicates at least a three month overstay, how long was she in the USA before?) But no matter what, she was entering the USA with a visa made invalid by overstay, and with a one-way ticket (indication of plans to stay perhaps?) So, even if you can prove that she was in Mexico and was not here illegally for more than 6 months, she will still have the five year bar from the removal (I-212)

    Overall, your primary concerns are the overstay and the deportation. And now, worse than both of the above, the re-entry.

    I think you should definitely stay with your lawyer, but definitely be aware of stuff too. I had a pretty good lawyer (Madeleine Albright's daughter, $500 an hour), but if I hadn't been involved and done some legwork on my own towards the end, my husband wouldn't be here now. The simple fact is that nobody cares more about your own life than you... so use the lawyer, but don't "just leave" everything in their hands.

    A little bit about me. My husband came into the USA, overstayed his visa by more than a year, and we decided to marry (while eligible for 245i) but being as stupid as stupid can be, I decided I wanted to meet his parents. So we left the country. he attempted to re-enter the USA on a multiple entry visa and was deported (one night in jail, he paid for return ticket, etc. etc. etc.) Thank goodness he never re-entered the USA, because at the very end of a very long process (made unncessarily longer for several reasons) we were given the 212(a)(9)(C) and told that we were ineligible to file. However, I was able to argue that since he did not attempt to re-enter illegally, (i.e. without inspection) the law did not apply to him. And thankfully we won! But I sure learned alot during the process!

  6. #6
    HehHeh. It may have been "stupid" in terms of immigration, but wanting to meet your husband's parents before getting married was actually a very reasonable desire. I didn't get to meet my parents-in-law until after we got married. I had been dying to meet the people who raised up such a polite, intelligent man.
    Have a nice day

  7. #7
    Quoting Spouse:

    "I had a pretty good lawyer (Madeleine Albright's daughter, $500 an hour), but if I hadn't been involved and done some legwork on my own towards the end, my husband wouldn't be here now"

    I think you paid for a name. If you had to do legwork, you got ripped off.
    Sweet Madame Belu

  8. #8
    if you love her so much and can't bear to be apart, why don't you move to mexico with her?

    she broke the law, she's given up her right to be in this country. there are many many people who want to be here just as much as her, but who haven't broken the law, so why should she get priority over the ones who did it legally?

  9. #9
    It's not about her, essente, it's about the US citizen fiance. A US citizen has rights which supercede those of immigrants.
    Have a nice day

  10. #10
    Y'all are meant for each other.

    Y'all think you're above the law.
    Sweet Madame Belu

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