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  • i130 or k-3

    My wife is here undocumented or illegally and she was detained once and sent back to mexico before she made it here. what would be the best to file i-130 or k-3

  • #2
    My wife is here undocumented or illegally and she was detained once and sent back to mexico before she made it here. what would be the best to file i-130 or k-3

    Comment


    • #3
      Don't you have to have approved I-130 before she can apply for K-3?
      ___________________________________

      [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

      One day it will have to be officially admitted that

      Comment


      • #4
        edhj.. first find out if your wife can become a permanent resident in the US at all!! Illegal entry after prior violation of immigration laws can trigger a life time bar.

        If the above applys to your wife, neither immigrant visa nor K3 will be approved.

        Otherwise, in order to file for K3, you have to send I-130 first. The Notice of action (receipt for I-130) is enough to file for K3.

        Comment


        • #5
          An alien that is foolish enough to re-enter US after deportation or violation of INA statutes deserves, on opinion, permanent ban to apply for and receive any immigration benefits.

          The OP should consult an immigration attorney for legal advise.
          ___________________________________

          [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

          One day it will have to be officially admitted that

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
            edhj.. first find out if your wife can become a permanent resident in the US at all!! Illegal entry after prior violation of immigration laws can trigger a life time bar.

            If the above applys to your wife, neither immigrant visa nor K3 will be approved.

            Otherwise, in order to file for K3, you have to send I-130 first. The Notice of action (receipt for I-130) is enough to file for K3. </div></BLOCKQUOTE>

            Comment


            • #7
              Would <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
              edhj.. first find out if your wife can become a permanent resident in the US at all!! Illegal entry after prior violation of immigration laws can trigger a life time bar.

              If the above applys to your wife, neither immigrant visa nor K3 will be approved.

              Otherwise, in order to file for K3, you have to send I-130 first. The Notice of action (receipt for I-130) is enough to file for K3. </div></BLOCKQUOTE>

              Comment


              • #8
                Would i <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
                edhj.. first find out if your wife can become a permanent resident in the US at all!! Illegal entry after prior violation of immigration laws can trigger a life time bar.

                If the above applys to your wife, neither immigrant visa nor K3 will be approved.

                Otherwise, in order to file for K3, you have to send I-130 first. The Notice of action (receipt for I-130) is enough to file for K3. </div></BLOCKQUOTE>

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by edhj:
                  Would i </div></BLOCKQUOTE>
                  Try again without quoting...

                  Comment


                  • #10
                    If you are USC then most certainly you can sponsor your wife to come here on K-3 (Unlike LPR's who must wait who knows for how many years to sponsor their fiances or spouses, and for whom it makes more sense to find a way of emigrating to some third country , than wait in desperation for nearly a decade until LPR becomes USC or Visa Numbers become current).

                    However, the problem in your particular case seems to be of different nature: namely you claim that your wife was detained and sent to Mexico "before she made it here".

                    Does it mean she illegally re-entered US after removal?
                    Did she ever enter as EWI?
                    In first instance it would mean that your wife,under the law, is most likely to be defined as a "felon" and may face the prison sentence of up to 10 years if apprehended, and may be subject to permanent ban of admission.
                    In second instance (if she ever was EWI), she would be subject to overseas Consular Processing and would have to file waivers to overcome the bars of admission.

                    Beware, the INA is too complex to expect regular goof***** (like most of posters here are) to accurately assess and advise you in your particular circumstances, which is on top of it based on whatever limited information we have( which in turn forces us to assume rather than assess, aside from our obvious inability to give accurate legal advises, since almost none of us, the regular posters here, is nearly as well versed in Law as a good immigration attorney would expected to be).

                    In short: consult an immigration attorney, a good one
                    ___________________________________

                    [COLOR:BLUE][B]When the creations of a genius collide with the mind of a layman, and produce an empty sound, there is little doubt as to which is at fault.

                    One day it will have to be officially admitted that

                    Comment

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