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

[mohan]

Nadeem ,
You was entered as crewmember, and you are not allowed to see the judge by law thats why INs deport you.
Now I need to see the complete situation to figure out your situation, You said you were in expidite removal which comes with 5 years bar, I have to figure out the way to help you. waiver and other situation etc, I need the complete history ,hope you have the paperwork which was issued to you.
Post your Email.
Main aapki maddad kar sakta hoon agar aaapkey paas sub kagaz hai. Appkey visa milney key chances sirf paper dekh kar he pata lag sakta hai.

[nadeem]

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

[Pandora]

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.

[Pasha Patel]

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

[nadeem]

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.

[Pasha Patel]

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.]

[nadeem]

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

[moondin]

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 =-

[nadeem]

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

[nadeem]

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.

[Julie]

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.

[Pasha Patel]

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

[Still Learning]

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.

[Pasha Patel]

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

[nadeem]

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?