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entered illegally,got married to us citizen now in my home country pakistan ,can recieve k3 visa

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  • #16
    Hi nadeem,

    Sorry to hear about you... I would like to help you but best answer you will get from Mohan / Sammy ... I hope mohan reads this thread and replies to you or just make a new thread to Mohan in subject to look at this post... he is very kind man and he will help you for sure ....

    Now so that you went to registration that was a mistake ... sorry its past but I m just trying to cover the most I can ... coz u didn't have legal status ... as far as countries required special registration ... I don't think it will have that much effect in getting waiver ... but to the best of my knowledge what I know very little in immigration matter ... as you got deported you will have to apply for waiver ( the 3 / 10 years bar on you whichever apply in your case) and if that is approved then you can go for K3 visa ... I know it is hard to get waiver but lets hope for the best and Inshallah ... everything will work out in your case ... you got to give it a try at least ... and hopefully Mohan / Sammy will give some more information that could be useful in your case ...

    Best Wishes...Pasha

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    • #17
      THANKYOU PASHA PATEL BAHI.i AM NOT satisfied yet , during the deportation process the deportation officer told me that you can apply any time for the visa,so now i do not know that there is a bar on me or not.Pasha you have indepth knowledge of immigration matters ,what are the chances to get my k3 visa and how long it will take to get my visa.If my visa is denied what do to next?

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      • #18
        Hi nadeem ...

        Thanks for your kind comments but I am really not an expert in this matter.... All I know is from reading only ... otherwise its not my profession... you stayed in us for more than 2 yrs right without status ??? as I recall from very first paragraph ... then Bar will apply in your case...sorry....i don't know why did that officer tell u like that

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        • #19
          Do you know what the steps are for filing k-3? You've filed the I-130 already so next would be the I-129f and appropriate paperwork. On the left hand side of ILW page is a link for processing times. You'll have to file through the Missouri Service Center. THis will give you an IDEA of how long it takes for processing. If you have to file a waiver the time frame can vary greatly I think. Someone else will have to comment on that. If you're going through this with no attorney then you need to be reading all that you can on the waiver process because how you complete the request will be critical.

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          • #20
            Yeah you will get K3 visa ... there is no question about it as you are married to USC but abut entry into US ... we need to find that out ... how you can make this possible ... do you have any USC kid? ... I meant before I read in this kinda cases ... your wife can request congressman and you can make a case where you need to show hardship on your family and separation matter without you being in US to support your family....

            Other thing do some search on same cases...there are similar situations asked before on this board .... Meanwhile make a new thread to divert mohan's attention to you post... I am sure he will answer to you the best he can do.. Pasha

            Comment


            • #21
              You were 2 years in illegal status, which I believe still subjects you to the 10 year bar. Prepare your 601 defense, which after your filing of K3 visa, and embassy interview you will be asked for 1-601 waiver. The 601 waivers are granted or denied by DOJ not embassy.

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              • #22
                THANKYOU FOR YOUR REPLIES . I DON NOT HAVE ANY KID RIGHT NOW.I DONNOT WANT A CHILD BECAUSE MY WIFE IS STUDYING NOW.SO WHAT ABOUT THEN FOR EXTREME HARDSHIP.CAN 601 WAIVER WILL BE DENIED BECAUSE I DONOT HAVE CHILD.I AM AGAIN SAYING THAT DURING DEPORTATION PROCESS THE OFFICER TOLD ME TWICE THAT YOU CAN APPLY FOR THE VISA ANY TIME.IF I HAVE TEN YEARS BAR THEN WHAT THAT MEANS.IF A PERSON HAVE A 10 YEARS BAR I DONNOT THINK HE CAN APPLY FOR THE VISA.ACTUALLY THE INS DEPORTED ME BY SAYING THAT U CANNOT SEE THE JUDGE.

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                • #23
                  I DONNOT KNOW WHETHER THERE IS 10 YEARS BAR ON ME OR NOT.I AM AGAIN SAYING THAT DURING THE DEPORTATION PROCESS THE OFFICER TOLD ME TWICE THAT U CAN APPLY FOR THE VISA ANY TIME,SO WHAT THAT MEANS.IF THERE IS A BAR ON A PERSON CAN HE APPLY FOR THE VISA?.SECONDLY I DONOT HAVE A CHILD RIGHT NOW AND HAVE NO INTENTION FOR CHILD FOR UPTO FIVE YEARS,BECAUSE MY WIFE IS STUDYING IN A COLLEGE.AS FAR AS WAIVER601 IS CONCERNED IS THERE ANY EFFECT ON THAT BECAUSE I HAVE NO CHILD. MOHAN ,PASHA OR ANYONE I NEED YOUR ADVICE.THANKS

                  Comment


                  • #24
                    you're deported. you need a waiver. t he waiver is sent to the Service Center in the SU and they handle it. You need a good lawyer to present good evidence for the waiver.

                    You can apply for any visa at any time. As long as you have the waiver.

                    -= nav =-

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                    • #25
                      yeah that is right but what about waiver601.i donnot have any kid ,can it effect me negativ ely and can it be approved.

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                      • #26
                        Hi nadeem,

                        I can understand your problem... You can apply for any visa you want but you will need a waiver to enter US... not having a kid, I don't know should it affect negatively but if you had then it would be a plus point in your waiver application... You do need a good lawyer who has experience in this kind of cases and how to make your application for waiver enough strong so that you have better chances to prevail on it ....

                        On any immigration forum you will get limited information and direction what you should do but for making a good waiver application you really need a good lawyer... I know this is a long journey but don't lose hope and give it a try .... Best wishes ... Pasha

                        [This message was edited by Pasha Patel on January 14, 2004 at 03:18 PM.]

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                        • #27
                          THANKYOU VERY MUCH PASHA FOR YOUR ADVICE .YOU HAVE GIVEN ME A LOT OF INFORMATION.YOU SAID THAT IS LONG JOURNEY THIS WILL UPSET ME .CAN YOU TELL ME HOW LONG IT WILL TAKE MONTHS,YEARS.I CANNOT WAIT FOR YEARS TO SEE MY WIFE BECAUSE SHE IS STUDYING THERE.IF THIS IS DENIED WHAT WILL HAPPEN THEN.

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                          • #28
                            Hi Nadeem,

                            I would like to help you but other than this I don't know much about this as never did some kinda research on this topic that didn't apply to me ... it could take up to 1 – 2 years ... but what I suggest you is write all your point in one decent long post and put this question on www.britishexpats.com

                            There are lot of knowledgeable people , lawyers, attorneys on that discussion forum ... I hope you find better answers that way and wish you all the best Nadeem ... Pasha

                            Comment


                            • #29
                              Nadeem, your chances to get back here are slim at best; there are too many factors that are against your 'odds'. As a crew member your visa was specfically for landing/leaving cruise ships purposes only. Violating this condition is specifically severe, because congress passed several laws where if waivers are available for other cases for AOS such as illegal entrants, it is not for crew-members. When you got married with your status there never was any chance for you to get AOS'ed by law.

                              In addition, you've got the other problems of having been deported AND being from a high risk country you're very likely being suspected of being an attempting sleeper cell. When exactly did all this happen?

                              I don't want to crush your hopes but a I-601 waiver is going to be very very difficult to optain especially if you've been married for just a short time anything less than 5-8 yrs. I'd say. The waiver and extreme hardship is in regard to the U.S. citizen or resident alien (not to you) such as some serious medical conditions they have that you were taking care of or financial inabilities and support such as your healthcare benefits paying for their life support... Looking at the political situation here as well as in your home country and the entire area, I think your chances of obtaining a waiver, aproval of a k-3 etc. are very very slim, but it's always worth a try.

                              Comment


                              • #30
                                the above statement made me disappoint .i donnot know what will be my future.

                                Comment

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