Pete F

Hi Folks..
I guess this is aimed at Matt and Folinskyinla


Well filling out I485 , I came across Part 3, Processing Information (Continued)

Question 9

Have you ever been deported from the US, or removed at government expense, excluded within the past year, or are you now in exclusion or deportation proceedings?

I need a bit of clarification as to the "excluded within the last year" bit..

Does this mean denied entry and returned at my own expense and subsequently granted a waiver for K1 entry..
I guess what I need to know is should I answer yes to this and then attach a piece of paper?

Also Part 3 B..

I have of course, listed my now wife having married her.. Do I have to list HER 3 children as my STEP-children? I think it should be yes..

Cheers folks from a snowed in (AGAIN) Pete & Carla in Va.. and Happy Presidents day. (someone buy me a 4wd PLEASE ;-) )

Folinskyinla

Hi:

On the "excluded with the last year" bit -- you're not going to see all that many of them. As of April 1, 1997, the former "exclusion" and "deportation" proceedings were replaced by a unified "removal" proceeding. However, pending "exclusion" and "deportation" proceedings continued on under the "transitional rules." What with appeals and backlogs, some of those are still around!

Some refusals of admission are "removals" and some are not.

Technically speaking, if her children are under 18 at time of your marriage, they should be listed as your step-children. However, leaving them out will be in the "no harm, no foul" category, since "child" is a very technical term under the Immigration & Nationality Act [Section 101(b) if you are curious].

Pete F

Thanks Mr F.. That does Clarify and as INS has all the paperwork and the 601 waiver and ... well everything.. I am going to answer no as I was not technically "removed" at the government's expense.. I will also list the step children as they formed part of the waiver hardship so yes.. they are imortant in this case..
Once again.. Thank you for your replies..

Pete F