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129-F fiance petition while beneficiary stowaways to puerto rico

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  • Pandora
    replied
    If an alien enters the U.S. or its terrorities (which Puerto Rico is one such of) uninspected, an AOS can not take place. The first day of entrance is unlawfull presence (there is no need for a 180+ plus overstay) and a 3 year barr applies immediatly on top of a 'removability' issue. He needs to leave, and file for the spouse's visa, it will most likely administratively denied (because of the EWI) and a waiver of inadmissiable must be obtained which will probably take also 3 yrs. to be adjudicated. I would inform the client to be patient and expect lots of complications or suggest that they attempt to adjust 3+ yrs. later (after he has left Puerto Rico).

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  • tioalcazar
    replied
    he is going back is the bar 180 days? i thought 90days was 1 year bar? does he disclose he was ewi in pr? thanks

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  • Katycab
    replied
    Or- if aliem is still less than 18 years old he can wait in PR until K-3 is ready in consulate abroad withtou triggering bar.

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  • Katycab
    replied
    Oh- sorry: the fiance app. was never filed.

    Also- if he wants to avoid floods, depart for a notehr country that wil accept, like Mexico or Cuba, until K-3 is ready.

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  • Katycab
    replied
    He is not yet subject to a bar- none is triggered until after 180 days, and for an immigrant visa the prior entry will not be a bar. He needs to go back to DR before present >180 days. The fiance application is no longer valid, USC will need to file I-130 followed by new I-129 for K-3 visa. Don't try to pretend he never arrived- it is stupid to lie to USCIS- *especially* now that they got married.

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  • Julie
    replied
    The K3 will be processed in the country the marriage took place. So if he stowed away to Puerto Rico, she flew off & married him there, the K-3 interview will be in Puerto Rico. Dont know how he'll get around the Q's of how he got to PR without a travelling visa, but, love doesnt always use the gray matter, does it. He should, go back to Domican Republic, get married again there, and then do a DCF if available or traditional K3 route

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  • 4now
    replied
    Tio

    the guy was EWI. you know he cant adjust on US soil. Has to return to his country of origin anyway. He screwed up big time. There is no 245I for him. Thats OVER. He will join the long list of "sneakers" in this country who got married and cant do AOS here. He will have to return and file the 601 waiver. or pretend that he was never there and it never happended, but sounds like he is probably leaving all kinds of evidences that will even make that unlikely.

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  • tioalcazar
    replied
    can anybody else help??

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  • tioalcazar
    replied
    that is a thought but i do think as an officer of the court i am bound to be truthful and i value my bar licenses more than going out of my way to help a client. i believe if he goes back to santo domingo he is facing the one year bar, not over 180 days in pr. he does not want to go back, big floods in his hometown. maybe bush will give a tps. doubt it. thanks for the reply

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  • 4now
    replied
    Hi

    lol. good story. do you happen to know if dominican has DCF(direct consular filing)? if so. would suggest they return to dominican file k3 from there thru dcf. Would suggest she marry him in dominican. would raise less questions about how he got to PR or otherwise.

    what do u think.. sounds like a plan.

    Leave a comment:


  • tioalcazar
    replied
    help. i was working on a I-129f petition from a us citizen who wanted to bring her fiance in from the dominican republic. before i could file it, he stowed away on a boat and jumped of into puerto rico. she panicked and flew to puerto rico and married him. Now what do i do??? tell him to go back to santo domingo and face the recent floods or file a waiver?? I-690 or I-691 thanks for any info. great web cite.

    Leave a comment:


  • 129-F fiance petition while beneficiary stowaways to puerto rico

    help. i was working on a I-129f petition from a us citizen who wanted to bring her fiance in from the dominican republic. before i could file it, he stowed away on a boat and jumped of into puerto rico. she panicked and flew to puerto rico and married him. Now what do i do??? tell him to go back to santo domingo and face the recent floods or file a waiver?? I-690 or I-691 thanks for any info. great web cite.
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