keithblair

My wife was barred for 5 years from the US in Dec 2002 (Section
235(b)(1). We applied for the I-212 twice but both times we were
denied. I received my US citizenship June 2006, and I was planning to
apply for a K3 Visa for my wife.

Question 1: Will the K3 visa supersede the 5 year ban?

Question 2: How can I get my across to the border to visit?

Question 3: What other options do I have?

Noorah101

I'm NOT a lawyer, but I don't see why it would. A ban is a ban. The ban won't be over until Dec. 2007.

By the way, I-130's are getting processed faster now, still a good idea to file the I-129F as backup for the K-3, but chances are the I-130 will progress to the immigrant visa being issued.

Do you mean how can you get your wife across the USA border to visit you in the USA? Seems a difficult task under the circumstances. Can you not go visit her?

Your best bet is to consult with an immigration attorney to point out any options you might have. In my opinion, since it seems unlikely the ban will be lifted early, your choice is to visit her, and wait till the ban is over. But, perhaps an attorney would know of some other way.

Best Wishes,
Rene

Folinskyinla

Hi:

The 5-year bar still applies. BTW, odds are that you will end up using the I-130 rather than the K-3. Now that you are a US Citizen, a third I-212 may very well be in order.

You don't give enough in the way of facts on your case. I recently had an I-601/I-212 granted by Lima for a client in Brazil.

scrubbedexpat099

All a question of how your word the waiver, www.immigrate2us.net has examples of succesful waivers and others in your situation.

keithblair

Folinskyinla wrote:
    > > My wife was barred for 5 years from the US in Dec 2002 (Section
    > > 235(b)(1). We applied for the I-212 twice but both times we were
    > > denied. I received my US citizenship June 2006, and I was
    > > planning to
    > > apply for a K3 Visa for my wife.
    > >
    > > Question 1: Will the K3 visa supersede the 5 year ban?
    > >
    > > Question 2: How can I get my across to the border to visit?
    > >
    > > Question 3: What other options do I have?
    > Hi:
    > The 5-year bar still applies. BTW, odds are that you will end up using
    > the I-130 rather than the K-3. Now that you are a US Citizen, a third
    > I-212 may very well be in order.
    > You don't give enough in the way of facts on your case. I recently had
    > an I-601/I-212 granted by Lima for a client in Brazil.
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com


---

After we got married in 2002, my wife was visiting me in the States.
She went back and forth from Canada and the States frequently due to
her having an Immune Deficiency Disorder, so she was visiting the
doctors in Canada frequently. On one of her trips back to the US, at
the border she was questioned and asked where she lived. Due to heavy
dosage of medication, she said the States. They stopped and questioned
her extensively asking her if she was working and she said no. They
also questioned her father in another room and he told them she was
working in the States. She was teaching piano to her nephews and her
family gave her pocket change as a gift. But she did not have a job. I
was working Full-time. She was also sharing her talents with the
church but received no income. A huge misunderstanding. Nevertheless,
they barred her for 5 years.

I am now a US citizen. We would love to visit our family again in the
States but obviously will not attempt to do that. Being a citizen now,
and having a new baby, what can we do to expedite the process of us
visiting the States again. Would being a US citizen override a K3 or
any other type of visa/form? Please advise. We very much appreciate
your help.

Noorah101

You won't have any problems visiting the USA, since you are now a citizen. It is your wife that will have the problem, since she is NOT a USC. The K3 will not override the fact that she was barred. As suggested, you can apply for her immigrant visa, and file another waiver now that you're a USC. I don't think there's anything you can do to expedite it. Immigration takes however long it takes...nothing you can do to speed up the process. Now that you're a USC, your case will go faster than if you were NOT a USC, so that's a good thing. You might want to also consult a good immigration attorney to help you.

Best Wishes,
Rene

snowbunny

You are a citizen, but your wife is not. Only a citizen can petition for his/her spouse via a K-3 -- there's no override; she cannot automatically accompany you into the US.

If you wish for your wife to either visit the US before December 2007, or have a K-3 granted (or a PR visa granted via the I-130) before that time, you would need an immigration lawyer to build a case for you in seeking a waiver.

I personally believe the bans are draconian given current lack of enforcing illegal crossing of the southern border and people being able to employ undocumented workers without fear of the law actually being enforced.... it isn't fair, but it is what you are dealing with.

Noorah101

Actually, it might just turn out that the I-130 gets processed and she goes for her interview *after* the ban is over anyway, in which case they don't need the waiver, I guess.

Rene

snowbunny

I thought I'd read somewhere that they do a prescreen on I-130s and even if an event will hold true at the time of actual approval, if it doesn't hold true at the time of petition, they'll reject the I-130. Can't remember what it pertained to, but I'm hoping someone will answer.

Noorah101

Ah, I see. Well, 5 months still isn't that long in the grand scheme of things...they've already waited 5 years...they can wait 5 months and then file the I-130. That's probably what I would do.

Rene

Rete

The I-130 would not be rejected as there is a possibility of entering a waiver. To reject it out of hand would deny the applicant and beneficiary the right to file for the waiver.

However, that said, they could also apply for a waiver first and then apply for the I-130. They should call the US Consulate in Montreal and see what the filing of the waiver would entail. It might be filed there since both parties live there.

Then, again, if you meant to say they would deny it rather than reject it, then that would be the right process.